An independent contractor is a person or business who performs services for another person under an express or implied agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The person who hires an independent contractor is not liable to others for the acts or omissions of the independent contractor. An independent contractor is distinguished from an employee, who works regularly for an employer. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays their 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. No one factor is controlling, and the characterization of the relationship by the parties is also not controlling.
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. Whether or not such control was exercised is not the determining factor, it is the right to control which is key.
Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.
Also, an independent contractor is more likely to be subject to the risk of taking a profit or loss in the work performed. An employee is generally paid on an hourly, salary, or commission basis, whereas an independent contractor is ordinarily paid an agreed amount, or according to an agreed formula, for a given job.
Title: Understanding the Utah Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service Introduction: The Utah Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a legally binding contract that outlines the terms and conditions for individuals operating as independent contractors to drive and operate a mobile tire repair truck. This agreement pertains specifically to the state of Utah and establishes the responsibilities and obligations of both parties involved. Below, we provide a detailed description of the main components and relevant keywords within this agreement. 1. Parties Involved: The agreement identifies the two main parties: — Self-Employed Independent Contractor: An individual who possesses the necessary skills, experience, and qualifications to repair tires and operates the mobile tire repair truck. — Owner of Mobile Tire Repair Service: The entity or individual who owns the mobile tire repair service, providing the necessary equipment, supplies, and administrative support to ensure efficient business operations. 2. Scope of Work: The agreement outlines the specific services to be performed by the self-employed independent contractor, which primarily include: — Driving and operating the mobile tire repair truck to various locations within Utah. — Conducting tire repairs, replacements, installations, and other related services to individuals' vehicles. — Ensuring compliance with all applicable laws, regulations, and safety standards during service provision. — Managing inventory, maintaining equipment, and ensuring the truck is kept in optimal condition. 3. Compensation and Payment: This section details the payment arrangements for the self-employed independent contractor and may include: — The agreed-upon payment structure, such as hourly rates, commission, or a predetermined fixed amount per service provided. — The frequency and method of payment, whether it be weekly, bi-weekly, monthly, or per service. — Any additional expenses that the contractor may be entitled to reimbursement for, such as fuel costs or necessary equipment. 4. Duration and Termination: This clause establishes the duration of the agreement and the conditions for termination, including: — The initial term of the agreement and any provisions for renewal or extension. — The conditions under which either party can terminate the agreement, such as breach of contract, non-performance, or if either party wishes to discontinue the business relationship. 5. Intellectual Property and Confidentiality: This section addresses the ownership and protection of intellectual property and the handling of confidential information exchanged between the parties. 6. Non-Compete and Non-Solicitation: If applicable, this clause restricts the self-employed independent contractor from engaging in similar business activities or soliciting clients within a certain time frame and geographical location following the termination of the agreement. 7. Governing Law and Dispute Resolution: This section specifies that the laws of the state of Utah govern the agreement and outlines the preferred methods of dispute resolution, such as mediation or arbitration. Types of Utah Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: — Fixed-Term Agreement: A contract with a predetermined duration, outlining specific start and end dates. — Rolling Agreement: A contract with an indefinite duration that automatically renews for a pre-agreed period unless terminated by either party. — Non-Exclusive Agreement: An agreement wherein the self-employed independent contractor is not restricted from working with other mobile tire repair services within Utah. Conclusion: The Utah Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service sets the expectations, responsibilities, and terms for both parties involved in the mobile tire repair business in Utah. This comprehensive agreement ensures a clear understanding and protects the interests of both the self-employed independent contractor and the owner of the mobile tire repair service.Title: Understanding the Utah Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service Introduction: The Utah Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a legally binding contract that outlines the terms and conditions for individuals operating as independent contractors to drive and operate a mobile tire repair truck. This agreement pertains specifically to the state of Utah and establishes the responsibilities and obligations of both parties involved. Below, we provide a detailed description of the main components and relevant keywords within this agreement. 1. Parties Involved: The agreement identifies the two main parties: — Self-Employed Independent Contractor: An individual who possesses the necessary skills, experience, and qualifications to repair tires and operates the mobile tire repair truck. — Owner of Mobile Tire Repair Service: The entity or individual who owns the mobile tire repair service, providing the necessary equipment, supplies, and administrative support to ensure efficient business operations. 2. Scope of Work: The agreement outlines the specific services to be performed by the self-employed independent contractor, which primarily include: — Driving and operating the mobile tire repair truck to various locations within Utah. — Conducting tire repairs, replacements, installations, and other related services to individuals' vehicles. — Ensuring compliance with all applicable laws, regulations, and safety standards during service provision. — Managing inventory, maintaining equipment, and ensuring the truck is kept in optimal condition. 3. Compensation and Payment: This section details the payment arrangements for the self-employed independent contractor and may include: — The agreed-upon payment structure, such as hourly rates, commission, or a predetermined fixed amount per service provided. — The frequency and method of payment, whether it be weekly, bi-weekly, monthly, or per service. — Any additional expenses that the contractor may be entitled to reimbursement for, such as fuel costs or necessary equipment. 4. Duration and Termination: This clause establishes the duration of the agreement and the conditions for termination, including: — The initial term of the agreement and any provisions for renewal or extension. — The conditions under which either party can terminate the agreement, such as breach of contract, non-performance, or if either party wishes to discontinue the business relationship. 5. Intellectual Property and Confidentiality: This section addresses the ownership and protection of intellectual property and the handling of confidential information exchanged between the parties. 6. Non-Compete and Non-Solicitation: If applicable, this clause restricts the self-employed independent contractor from engaging in similar business activities or soliciting clients within a certain time frame and geographical location following the termination of the agreement. 7. Governing Law and Dispute Resolution: This section specifies that the laws of the state of Utah govern the agreement and outlines the preferred methods of dispute resolution, such as mediation or arbitration. Types of Utah Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: — Fixed-Term Agreement: A contract with a predetermined duration, outlining specific start and end dates. — Rolling Agreement: A contract with an indefinite duration that automatically renews for a pre-agreed period unless terminated by either party. — Non-Exclusive Agreement: An agreement wherein the self-employed independent contractor is not restricted from working with other mobile tire repair services within Utah. Conclusion: The Utah Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service sets the expectations, responsibilities, and terms for both parties involved in the mobile tire repair business in Utah. This comprehensive agreement ensures a clear understanding and protects the interests of both the self-employed independent contractor and the owner of the mobile tire repair service.
