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

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

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FAQ

A Restraint of Trade clause can never be inserted in a true Independent Contractor agreement - it is quite simply unenforceable. You cannot restrain your plumber or painter or electrician from taking on other work, or from the painting the buildings of companies in opposition to you.

And in fact, under the law, employers cannot be held liable for the acts of their independent contractors. However, just because an employer asserts that a negligent worker is an independent contractor does not shut down the question of employer liability.

Independent contractors have total control over the work being performed, generally set their own hours, pay for their own business expenses, and provide their own equipment, liability insurance, and office space.

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.

The general rule regarding independent contractors states that a person who hires an independent contractor cannot be held vicariously liable for the wrongdoing of the independent contractor.

The independent contractor has authority only to enter into contracts authorized by the principal. Generally, principals are not liable for the tortious conduct of independent contractors.

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...?

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.

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.

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