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?
Rhode Island Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory Overview: The Rhode Island Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory is a legally binding agreement between a company providing snow removal services and an independent sales representative. This contract outlines the terms and conditions under which the sales representative will sell the company's snow removal services exclusively in a designated territory within Rhode Island. Key Keywords: — Rhode Island: Refers to the state where the contract is governing and where the sales representative will operate. — Contract: Denotes the legal agreement between the company and the sales representative. — Sales Representative: Refers to an individual or entity responsible for selling the company's services within the designated territory. — Independent Contractor: Specifies that the sales representative operates as an independent contractor, not an employee of the company. — Snow Removal Services: Refers to the services provided by the company, such as plowing, salting, and shoveling snow. — Exclusive Territory: Denotes the specific geographic region within Rhode Island in which the sales representative has exclusive rights to sell the company's snow removal services. Types of Rhode Island Contracts with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory: 1. Basic Rhode Island Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory: This type of contract outlines the fundamental terms and conditions governing the relationship between the company and the sales representative. 2. Comprehensive Rhode Island Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory: This contract provides a more detailed and comprehensive framework, covering additional aspects such as commission structures, termination clauses, non-compete agreements, and confidentiality provisions. 3. Renewal Rhode Island Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory: This type of contract is used when the initial contract term expires, and both parties wish to continue their relationship for an extended period. It includes provisions for renewing and extending the agreement. 4. Non-Exclusive Rhode Island Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory: While the standard contract grants exclusive rights to the sales representative within a designated territory, a non-exclusive contract allows the company to engage multiple sales representatives to sell snow removal services in the same territory. 5. Limited Rhode Island Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory: This contract is used when the company only wishes to engage the sales representative for a specific duration or purpose, such as a seasonal sales campaign or project. 6. Rhode Island Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Multiple Exclusive Territories: In cases where the company operates in multiple territories within Rhode Island, this contract type allows the sales representative to have exclusive rights to sell in more than one designated area. Remember, it is crucial to consult with a legal professional to ensure your Rhode Island Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory meets all legal requirements and accurately reflects the specific terms and conditions of your business relationship.