An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage. The traditional tests to determine whether a worker is an employee or independent contractor involve the concept of control. The Internal Revenue Service (IRS) developed 20 factors used to determine whether a worker is an independent contractor under the common law. A "yes" answer to any of these questions would be evidence of an employer-employee relationship.
" Does the principal provide instructions to the worker about when, where, and how he or she is to perform the work?
" Does the principal provide training to the worker?
" Are the services provided by the worker integrated into the principal's business operations?
" Must the services be rendered personally by the worker?
" Does the principal hire, supervise and pay assistants to the worker?
" Is there a continuing relationship between the principal and the worker?
" Does the principal set the work hours and schedule?
" Does the worker devote substantially full time to the business of the principal?
" Is the work performed on the principal's premises?
" Is the worker required to perform the services in an order or sequence set by the principal?
" Is the worker required to submit oral or written reports to the principal?
" Is the worker paid by the hour, week, or month?
" Does the principal have the right to discharge the worker at will?
" Can the worker terminate his or her relationship with the principal any time he or she wishes without incurring liability to the principal?
" Does the principal pay the business or traveling expenses of the worker?
A "yes" answer to any of these questions would be evidence of an independent contractor relationship.
" Does the worker furnish significant tools, materials and equipment?
" Does the worker have a significant investment in facilities?
" Can the worker realize a profit or loss as a result of his or her services?
" Does the worker provide services for more than one firm at a time\
" Does the worker make his or her services available to the general public?
Title: Oklahoma Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory Introduction: In Oklahoma, the Contract with Sales Representative as an Independent Contractor to Sell Snow Removal Services in Exclusive Territory is an agreement between a company providing snow removal services and an independent sales representative. This contractual arrangement outlines the rights and obligations of both parties, ensuring a mutually beneficial working relationship. Keywords: Oklahoma, Contract, Sales Representative, Independent Contractor, Snow Removal Services, Exclusive Territory 1. Overview of the Contract: The Oklahoma Contract with Sales Representative as an Independent Contractor to Sell Snow Removal Services in Exclusive Territory provides a comprehensive framework governing the relationship between the company and the sales representative. It defines the terms and conditions that both parties must follow throughout the collaboration. 2. Independent Contractor Status: This contract clarifies that the sales representative is an independent contractor, not an employee of the company. As an independent contractor, the representative operates their own business and assumes responsibility for their own expenses, including taxes and insurance. 3. Exclusive Territory: The contract stipulates that the sales representative is given an exclusive territory within Oklahoma. This ensures that the representative has sole rights to sell snow removal services within the designated boundaries, promoting a healthy competition amongst other sales representatives. 4. Sales Targets and Commission Structure: The agreement outlines the sales targets that the sales representative is expected to achieve within a specified timeframe. It also defines the commission structure, providing details on how the representative will be compensated for successful sales made in their designated territory. 5. Obligations of the Sales Representative: The contract defines the duties and responsibilities of the sales representative, which typically include prospecting, presenting services to potential clients, negotiating contracts, and maintaining regular communication with the company. The representative is expected to act in the best interests of the company and maintain a high level of professionalism. 6. Obligations of the Company: The contract also outlines the obligations of the company, which typically involve providing the necessary training, marketing materials, and support to the sales representative. The company is responsible for delivering the promised snow removal services to clients secured by the representative within the designated territory. 7. Termination and Non-Compete Clause: The contract may include provisions relating to the termination of the agreement, detailing the circumstances under which either party can end the contract. Additionally, a non-compete clause may be included, preventing the representative from engaging in similar activities with competitors for a certain period after termination. Types of Oklahoma Contracts with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory: 1. Exclusive Territory Contract: This contract grants a sales representative exclusive rights to a specific territory within Oklahoma for selling snow removal services. 2. Multi-Year Contract: In some cases, the contract may extend beyond a year, binding the sales representative to the exclusive territory for a longer period, typically two or more years. 3. Nondisclosure Agreement: This type of contract ensures that the sales representative maintains confidentiality regarding any proprietary information shared by the company during their engagement. Conclusion: The Oklahoma Contract with Sales Representative as an Independent Contractor to Sell Snow Removal Services in Exclusive Territory is designed to establish a clear understanding between the parties involved, protecting their respective rights and promoting a successful working relationship. The contract ensures that snow removal services are effectively marketed and sold within the designated exclusive territory, benefiting both the company and the sales representative.
