9. EXCLUSIONS: _____ Not applicable or _____ Excluded from this Agreement are all written agreements with other agents existing at the time of performance of this Agreement. The North Carolina Independent Contractor Agreement is used to determine the conditions under which a contractor completes a project for a client. Under customary law, any person or enterprise that operates independently and operates outside the ordinary course of a client`s business may be considered an independent contractor. The written agreement specifies the amount of remuneration that the contractor receives and the tasks that he must perform. Most contracts also include a project expiry date and/or an agreement expiry date. Signed copies of the agreement should be kept by both parties for reference to a later date. 16. ADDITIONAL ACKNOWLEDGEMENTS: Both parties acknowledge and agree that: (a) the parties perform this Agreement voluntarily and without coercion or undue influence; (b) the Parties have carefully read this Agreement and have asked all necessary questions to fully understand and understand the terms, consequences and binding effects of this Agreement; and (c) the parties have sought the advice of a lawyer of their respective choice prior to signing this Agreement, if they so wish. 17.
ADDITIONAL DOCUMENT: If further terms or agreements are necessary to enforce the intent of this document, both parties agree to execute such terms or agreements upon request. This Agreement, consisting of __ 11. ENTIRE AGREEMENT: This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior discussions between the parties. No amendment or addition to this Agreement or any waiver of rights under this Agreement shall be effective unless signed in writing by the party to be incriminated. Any subsequent changes or modifications to the Agent`s obligations or commissions shall not affect the validity or scope of this Agreement. 22M APPLICABLE LAW; CONSENT TO PERSONAL JURISDICTION: THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA, WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICT OF LAWS. AGENT HEREBY EXPRESSLY CONSENTS TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF NORTH CAROLINA FOR ALL ACTIONS BROUGHT BY THE COMPANY AGAINST THE AGENT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. 13. SEVERABILITY: If one or more provisions of this Agreement are declared void by law, the remaining provisions will remain in full force and effect. 3. OBLIGATIONS: The following obligations are required of the officer: __ The Supreme Court has repeatedly emphasized that there is no uniform rule or review to determine whether a person is an independent contractor or an employee within the meaning of the RSA.
The Court held that the whole activity or situation prevailed. Factors that the court has found to be important include: 2. INDEPENDENT CONTRACTOR: This Agreement does not make the Agent an employee, partner or joint venturer of the Company for any purpose. The agent is and remains an independent contractor in his relationship with the company. The Company is not responsible for withholding taxes with respect to the Agent`s compensation under this Agreement. The Agent shall not be entitled against the Company under this Agreement or otherwise to vacation pay, sick leave, retirement, social security, workers` compensation, sickness or disability benefits, unemployment insurance benefits or employee benefits of any kind. Some factors are not relevant to the existence of an employment relationship. Facts such as the place where the work is performed, the absence of a formal employment contract or whether a purported independent contractor is approved by the state or local government are not considered to be used to establish the existence of an employment relationship.
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