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?
A Wyoming Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory is a legally binding document that outlines the terms and conditions between a company providing snow removal services and a sales representative operating as an independent contractor in the state of Wyoming. This contract establishes a business relationship that allows the sales representative to sell snow removal services on behalf of the company within a specified exclusive territory in Wyoming. Key terms and keywords related to this type of contract include: 1. Wyoming: This refers to the state where the contract is being executed and where the sales representative will operate. 2. Contract: This refers to the formal agreement between the company and the sales representative, outlining the rights, obligations, and responsibilities of both parties. 3. Sales Representative: This is an individual or entity that is engaged by the company as an independent contractor to promote and sell their snow removal services. 4. Independent Contractor: This describes the legal status of the sales representative, who is not an employee but operates as a separate business entity. 5. Snow Removal Services: These are the specific services provided by the company, which may include plowing, de-icing, shoveling, salting, and other winter-related tasks. 6. Exclusive Territory: This refers to the specific geographic area within Wyoming where the sales representative has the exclusive right to market and sell the company's snow removal services. It may be defined by specific boundaries such as cities, counties, or ZIP codes. 7. Territory Restrictions: This clause specifies any limitations or restrictions on the sales representative's ability to sell outside the designated exclusive territory. 8. Compensation: This section covers how the sales representative will be compensated for their efforts, typically through a commission-based structure or a combination of base salary and commission. 9. Duration of Agreement: This outlines the duration or term of the contract, specifying when it begins and ends. 10. Termination: This clause explains the circumstances under which either party can terminate the agreement before its natural expiration, including breach of contract, non-performance, or other valid reasons. 11. Confidentiality: This section may include provisions to protect the company's confidential information, trade secrets, and customer data. 12. Non-Compete: This clause may restrict the sales representative from engaging in similar business activities or representing competing snow removal service providers within the exclusive territory during the contract and for a limited time after its termination. Different types or variations of this contract may include specific provisions tailored to individual circumstances, company policies, or legal requirements. It is essential to consult with a legal professional to customize the contract to meet the specific needs and objectives of the business and the sales representative.
