Kentucky Contract with Independent Contractor to Teach Insurance Courses with Covenant Not to Compete and Confidentiality Agreement

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Description

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.


There are a number of factors which to consider in making the decision whether people are employees or independent contractors. One of the most important considerations is the degree of control exercised by the company over the work of the workers. An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work performed, and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated. On the other hand, the absence of supervision and control by the company would support a finding that the workers were independent contractors and not employees.

Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.

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FAQ

The Manager shall have the right and power to contract with third parties for, on behalf of, and in the name of the Company or otherwise bind the Company to the extent permitted pursuant to the terms of this Agreement.

Can an independent contractor sign an NDA? Not only can you have your independent contractors sign an NDA, but it's also recommended. The NDA should be a regular part of your agreements with independent contractors every time the projects require you to share sensitive information with the person you're hiring.

The president usually has general authority to bind the corporation and the manager usually has general authority to bind the LLC, but you cannot be positive without seeing the bylaws and/or a resolution for the corporation.

Doing Work as an Independent Contractor: How to Protect Yourself and Price Your ServicesProtect your social security number.Have a clearly defined scope of work and contract in place with clients.Get general/professional liability insurance.Consider incorporating or creating a limited liability company (LLC).More items...?

Every independent contractor agreement should feature an indemnity clause. The purpose of this clause is to ensure that the independent contractor will be held liable for any damage or injury resulting from the independent contractor's work performed under the contract.

NDAs are generally required when two companies enter into discussions about doing business together but want to protect their own interests and the details of any potential deal.

Having a signed NDA helps deter such idea theft. Without one, it can be difficult to prove that an idea has been stolen. A company hiring outside consultants may also require those individuals, who will be handling sensitive data, to sign an NDA so that they do not disclose those details at any point.

The contract should state who pays which expenses. The contractor is usually responsible for all expenses including mileage, vehicle maintenance, and other business travel costs; work supplies and tools; licenses, fees, and permits; phone and internet expenses; and payments to employees or subcontractors.

Unilateral confidentiality and non-disclosure agreements (like the agreement contained in this packet) should be used when only one party will be sharing confidential information, as when you are discussing the hiring of an independent contractor to assist your company.

INDEPENDENT CONTRACTORS LIMITED AUTHORITY TO BIND COMPANY. Independent Contractor does not have authority to enter into any business transactions or contracts on behalf of the Company unless specifically authorized in writing in accordance with the provisions set forth herein.

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Kentucky Contract with Independent Contractor to Teach Insurance Courses with Covenant Not to Compete and Confidentiality Agreement