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 Kansas Contract with Sales Representative as an Independent Contractor to Sell Snow Removal Services in an Exclusive Territory is a legally binding agreement designed to establish a business relationship between a snow removal service provider and an independent sales representative in Kansas. This contract outlines the terms and conditions under which the sales representative operates, with a focus on selling snow removal services within a specific exclusive territory. The Kansas Contract with Sales Representative as an Independent Contractor to Sell Snow Removal Services in Exclusive Territory typically includes the following key elements: 1. Parties: Identifies the snow removal service provider (referred to as the "Company") and the independent sales representative (referred to as the "Sales Representative"). 2. Exclusive Territory: Clearly defines the geographical area or territory where the Sales Representative has the exclusive right to sell the Company's snow removal services. This ensures that the Sales Representative is the sole representative for the Company in that area. 3. Scope of Services: Outlines the specific snow removal services the Sales Representative is authorized to sell on behalf of the Company. This includes detailing the types of services (e.g., residential, commercial, municipal), pricing, quality standards, and any other requirements. 4. Compensation: Explains the agreed-upon compensation structure for the Sales Representative. This may include commission-based payment, bonuses, or other incentives based on the number and value of sales. The contract should also address payment terms, such as the frequency of payments and any applicable deductions. 5. Independent Contractor Relationship: Clarifies that the Sales Representative is an independent contractor and not an employee of the Company. This section establishes that the Sales Representative is responsible for their own taxes, insurance, and liabilities. 6. Sales Targets and Reporting: Sets sales targets or goals that the Sales Representative is expected to achieve within a given timeframe. This section usually includes provisions for reporting sales activities, providing regular updates, and attending sales meetings. 7. Non-Compete and Confidentiality: Includes non-compete clauses to prevent the Sales Representative from representing competing snow removal companies in the same or similar territories. Additionally, it outlines the confidential nature of any proprietary information shared between the parties during the contract term. It's important to note that the actual terms and conditions of a Kansas Contract with Sales Representative as an Independent Contractor to Sell Snow Removal Services in Exclusive Territory may vary based on the specific needs and preferences of the involved parties. It's recommended to consult with legal professionals or use customizable contract templates to ensure compliance with local laws and regulations.
