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An Independent Contractor Agreement should be used when entering into a contract for an individual or company to provide unique, special services, or to complete a pre-determined scope of work. An Independent Contractor is one who contracts to perform work at his or her own risk and cost, where workers are employees of the contractor and the contractor is liable for their conduct. Independent contractors are not considered employees – they are considered self-employed, and must pay their own taxes. Considerations as to if a person is considered an independent contractor, include: whether the employer owns the premises where the work is performed; whether the contractor has control over the employees performing the work; whether compensation is based on performance of the work, value of the service, or quantity of work performed; whether the employer will pay benefits; whether the employer will withhold taxes and social security insurance; and whether the independent contractor pays for his or her own materials, equipment, or wages or other employees.


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