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: Wisconsin Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory Keywords: Wisconsin, Contract, Sales Representative, Independent Contractor, Snow Removal Services, Exclusive Territory Description: Introduction: A Wisconsin Contract with a Sales Representative as an Independent Contractor to Sell Snow Removal Services in an Exclusive Territory is a legally binding agreement that outlines the terms and conditions between a snow removal service company and a sales representative operating independently. This contract aims to establish a mutual understanding of rights, responsibilities, and obligations for the successful sale of snow removal services in a specific Wisconsin territory. Key Sections of the Contract: 1. Parties: This section identifies the contracting parties, including the snow removal service company and the independent sales representative. It highlights their legal names, addresses, contact details, and the effective date of the contract. 2. Scope of the Agreement: This section defines the exclusive territory within Wisconsin in which the sales representative can operate and sell the snow removal services. It also specifies the specific services that the sales representative is authorized to sell on behalf of the snow removal service company. 3. Duties and Obligations: a) Sales Representative's Duties: This section outlines the duties and responsibilities of the sales representative, such as actively promoting and marketing the snow removal services, generating leads and potential customers, negotiating contracts, maintaining client relationships, and promptly reporting sales activities to the company. b) Snow Removal Service Company's Obligations: Here, the snow removal service company describes its obligations, including providing necessary training, marketing materials, price lists, and supporting the sales representative's efforts. It may also include the requirement for regular sales updates, meetings, and performance reviews. 4. Compensation: This section specifies the compensation structure, including commission rates, bonus structures, or any other agreed-upon remuneration method. It may outline the payment terms, such as monthly or quarterly, and any incentive programs based on achieved sales targets. Types of Wisconsin Contracts with Sales Representatives as Independent Contractors to Sell Snow Removal Services in Exclusive Territory: 1. Standard Wisconsin Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory: This is the typical contract used between a snow removal service company and an independent sales representative, following the structure mentioned above. 2. Renewal or Extension Contract: If both parties wish to continue their collaboration after the initial contract expires, a renewal or extension contract may be drawn up. This document would outline any revised terms, changes in compensation, or modifications to the exclusive territory if necessary. 3. Termination or Cancellation Contract: In cases where either party decides to terminate the contractual relationship before its natural expiration, a termination or cancellation contract would be used to formalize the separation. It could include details about severance pay (if applicable) and the return of any marketing materials or confidential information. Conclusion: Wisconsin Contracts with Sales Representatives as Independent Contractors to Sell Snow Removal Services in Exclusive Territory provide a legal framework for conducting business between snow removal service companies and independent sales representatives. These contracts establish clear boundaries, responsibilities, and compensation arrangements, leading to successful and mutually beneficial partnerships within the snow removal industry.
