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?
Hawaii Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory Description: The Hawaii Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory is a legal agreement that establishes a business relationship between the contractor (sales representative) and the service provider (snow removal company), allowing the contractor to sell snow removal services in a specific territory within Hawaii. This contract outlines the terms and conditions under which the independent contractor operates and details the expectations of both parties involved. Keywords: — Hawaicontractac— - Sales representative — Independcontractacto— - Snow removal services — Exclusterritoryitor— - Legal agreement - Business relationship — Terms and condition— - Contractor expectations — Service provider Types of Hawaii Contracts with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory: 1. Standard Hawaii Contract with Sales Representative as Independent Contractor: This is the primary type of contract that outlines the general terms and conditions governing the relationship between the sales representative and the snow removal services provider. It defines the exclusive territory within Hawaii where the contractor can operate, expectations regarding sales targets and performance, compensation structure, non-compete clauses, duration of the contract, termination clauses, and other relevant provisions. 2. Exclusive Hawaii Contract with Sales Representative as Independent Contractor: An exclusive contract grants the sales representative exclusive rights to sell the snow removal services within a specific territory, preventing the service provider from appointing other representatives or engaging in direct sales within that area. This type of contract ensures that the sales representative has maximum control and authority over the designated territory and its potential customer base while providing enhanced benefits and incentives. 3. Modified Hawaii Contract with Sales Representative as Independent Contractor: Some contracts may require modifications or customization based on specific provisions and requirements. These modifications could include adjustments to the territory boundaries, changes in the compensation structure, variations in contract duration, tailor-made non-compete clauses, or any other negotiated terms agreed upon by both parties. The modified contract aims to ensure that the agreement is aligned with the unique needs and circumstances of the sales representative and the snow removal services provider. 4. Renewal Hawaii Contract with Sales Representative as Independent Contractor: In cases where the initial contract expires, a renewal contract may be executed to extend the business relationship between the sales representative and the snow removal company. The renewal contract typically incorporates the essential terms and conditions from the original contract while updating any necessary provisions, such as sales targets, performance metrics, compensation rates, and duration. It provides continuity for both parties and allows for further cooperation and mutual benefit. Note: The above types of contracts are general categorizations and may vary depending on the specific agreements and negotiations between the parties involved in the Hawaii Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory.
