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South Dakota Independent Contractor Agreement with a Crew Member for a Television Production

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US-02679BG
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Description

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.


There are a number of factors which to consider in making the decision whether people are employees or independent contractors. One of the most important considerations is the degree of control exercised by the company over the work of the workers. An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work performed, and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated. On the other hand, the absence of supervision and control by the company would support a finding that the workers were independent contractors and not employees.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

South Dakota Independent Contractor Agreement with a Crew Member for a Television Production serves as a legally binding contract between an independent contractor and a production company in South Dakota. This agreement outlines the terms and conditions of the working relationship, specific to crew members engaged in a television production project. The keywords relevant to this topic are South Dakota, independent contractor agreement, television production, crew member, and different types. 1. South Dakota Independent Contractor Agreement for Television Production Crew: This type of agreement is designed for crew members hired on an independent contractor basis in South Dakota. It covers various aspects of the working relationship, including services to be provided, compensation, project timelines, responsibilities, and other relevant clauses specific to South Dakota laws. 2. Freelance Crew Member Agreement for South Dakota Television Production: This agreement is suitable for crew members working on a freelance basis in the television production industry in South Dakota. It outlines the terms and conditions for their freelance services, such as job description, payment terms, intellectual property rights, confidentiality, and dispute resolution. 3. South Dakota Independent Contractor Agreement for Production Assistants: This agreement caters specifically to crew members working as production assistants in South Dakota. It highlights their roles and responsibilities, payment terms, work schedule, confidentiality, and any additional provisions required to comply with South Dakota labor laws or industry standards. 4. South Dakota Independent Contractor Agreement for Camera Operators: For crew members engaged as camera operators in South Dakota television productions, this agreement focuses on their specific tasks, equipment usage, compensation, insurance requirements, and indemnification clauses. It also addresses any additional considerations that may vary from other crew member roles. 5. South Dakota Independent Contractor Agreement for Sound Technicians: This type of agreement is tailored for crew members working as sound technicians in South Dakota television productions. It highlights their responsibilities related to sound recording and mixing, equipment usage, payment terms, and any unique provisions specific to sound-related tasks. 6. South Dakota Independent Contractor Agreement for Editors: For crew members responsible for editing television footage in South Dakota, this agreement outlines their role, working hours, payment structure, intellectual property rights, and inclusion of any other provisions relevant to the editing process. In conclusion, the South Dakota Independent Contractor Agreement with a Crew Member for a Television Production is a customizable contract that ensures clarity and protection for both parties involved in the television production industry in South Dakota. The specific type of agreement may vary depending on the crew member's role in the production process.

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How to fill out South Dakota Independent Contractor Agreement With A Crew Member For A Television Production?

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FAQ

An attorney or accountant who has his or her own office, advertises in the yellow pages of the phone book under Attorneys or Accountants, bills clients by the hour, is engaged by the job or paid an annual retainer, and can hire a substitute to do the work is an example of an independent contractor.

It's often difficult to determine which classification to use. The IRS view is that most crew members, actors, and others working on a film production should be classified as employees, not independent contractors, and that taxes should thus be withheld.

Pay basis: If you pay a worker on an hourly, weekly, or monthly basis, the IRS will consider it a sign the worker is your employee. An independent is generally paid by the job, project, assignment, etc., or receives a commission or similar fee.

Ten Tips for Making Solid Business Agreements and ContractsGet it in writing.Keep it simple.Deal with the right person.Identify each party correctly.Spell out all of the details.Specify payment obligations.Agree on circumstances that terminate the contract.Agree on a way to resolve disputes.More items...

However, for the most part, under the Federal regulations (and most states including California), a crew member on a film or other similar type production should never be categorized as an independent contractor they are really employees and are subject to federal and state withholding (from their paychecks) as

An actor can be an employee without being under a contract with a studio to do recurring work or even exclusive work.

What Should Be in a Construction Contract?Identifying/Contact Information.Title and Description of the Project.Projected Timeline and Completion Date.Cost Estimate and Payment Schedule.Stop-Work Clause and Stop-Payment Clause.Act of God Clause.Change Order Agreement.Warranty.More items...

In the movie industry, the government usually considers most crew members, as well as above-the-line personnel, to be employees, not independent contractors.

Independent contractors are not employees, nor are they eligible for employee benefits. They do not have taxes withheld from their paychecks but instead must pay estimated income taxes in advance through quarterly payments.

How do I create an Independent Contractor Agreement?State the location.Describe the type of service required.Provide the contractor's and client's details.Outline compensation details.State the agreement's terms.Include any additional clauses.State the signing details.

More info

The Office of Film, Theatre and Broadcasting issues permits to productions filming on location in the City of New York and provides free police assistance, ... bystate listing of production resources for independent filmmakers in the United States. Film offices, incentives, SAGAFTRA locals, and more.Over-The-Top (?OTT?) Service of Pay Television Service 177a contract with a so-called "independent producer" for the production and financing of a ... The University grants to A'viands as an independent contractor, the exclusiveExhibits contain the final and complete expression of all agreements ...391 pages The University grants to A'viands as an independent contractor, the exclusiveExhibits contain the final and complete expression of all agreements ... For decades, the motion picture and television production industry has been a cornerstone in. America?s creative economy. Throughout that time, we have ...28 pages For decades, the motion picture and television production industry has been a cornerstone in. America?s creative economy. Throughout that time, we have ... THE DOC FILM MONEY MAP aims to disrupt the landscape of documentary film finance, toas a potential funding source for independent productions, ... Or agreement under which the insured assumes the tort liability ofpromisee or the promisee's agents, servants or independent contractors who. Apportionment and allocation provisions of the Uniform Division of Income for Tax Purposes Act, North. Dakota Century Code chapter 57-38.1, and article IV ... The agreement established the wages and working conditions applicable to motion picture and television production technicians and artisans employed in the ... If you agree by contract that a third party is to receive income for you,The provider can be a client or customer of an independent contractor.

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South Dakota Independent Contractor Agreement with a Crew Member for a Television Production