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 Clark Nevada Contract with Sales Representative as an Independent Contractor to Sell Snow Removal Services in Exclusive Territory is a legally binding agreement between a company (referred to as the "Contractor") that provides snow removal services and a sales representative (referred to as the "Sales Representative"). This contract outlines the terms and conditions under which the Sales Representative will act as an independent contractor to sell the Contractor's snow removal services in a specific and exclusive geographic territory within Clark Nevada. The following are relevant keywords and key phrases for this description: — Clark Nevada: Refers to the specific location where the contract is applicable, indicating that the agreement is geographically limited to this region. — Contract: Emphasizes the legally binding nature of the agreement, which protects the rights and responsibilities of both parties. — Sales Representative: Denotes the individual who will be responsible for representing the Contractor and selling their snow removal services. — Independent Contractor: Indicates that the Sales Representative will act as an independent entity and not as an employee of the Contractor. — Snow Removal Services: Encompasses the range of services offered by the Contractor, including snow plowing, snow shoveling, de-icing, and other related activities. — Exclusive Territory: Specifies that the Sales Representative will have exclusive rights to sell the Contractor's services within a particular geographic area, ensuring that no other representatives can operate in the same territory. — Sell: Signifies the primary objective of the Sales Representative's role, which is to promote and secure contracts for the Contractor's snow removal services. — Types of Contracts: While the specific types of contracts may vary, they can include one-time service agreements for individual snow removal jobs, seasonal contracts for recurring services throughout a specific period, or long-term contracts extending over multiple seasons. Overall, the Clark Nevada Contract with Sales Representative as an Independent Contractor to Sell Snow Removal Services in Exclusive Territory establishes a partnership between the Contractor and the Sales Representative, enabling the latter to sell snow removal services in a specific area on behalf of the former. This arrangement provides both parties with clear guidelines on how to conduct business, ensuring a mutually beneficial and legally sound agreement.
