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For different reasons I'm about to hire someone to help me out with shows. He will use my equipment, name, everything.

Does anyone have a sample (see title)?

You're better off consulting an attorney in your area who specializes in employer/emplotee contracts as the law vary from state to state and province to province.

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Also, you must think about this:

1. Is this person really an "employee" or an "independent contractor?"


[OPTION 1: EMPLOYEE]

If this person is an "employee" then you will have to withhold taxes, pay unemployment insurance, yadda, yadda, yadda. HOWEVER, the upside to this is that as an employee, YOU control WHAT they do as well as HOW they do it. You are responsible for the actions of the employee working as an agent on your behalf.
This is the more expensive road, but the one that offers you the MOST control.


[OPTION 2: CONTRACTOR]

If this person is an independent contractor, they work for you for a "fee" and they will have to make provisions to pay their own taxes, insurance, yadda, yadda, yadda. HOWEVER, the downside is that you CANNOT control the aspects of what they do for you.... you are ultimately in control of the end result of the show they put on for you and that they operate your system with care etc. but you cannot dictate what they do or how they do it.

The surgeon that removes your kid's tonsils is a perfect example of an independent contractor; YOU control the END RESULT of the operation (the removal of the tonsils), but you CANNOT control the aspects of the operation itself. (i.e. you can't stand there and say "cut here, do this, do that...)

Companies that utilize independent contractors but refer to them as employees could be in for real tax trouble. You can "fire" an employee, you can't "fire" an independent contractor, however you can "discontinue the business relationship" which is the same thing since they are simple a vendor performing a service for you.

The IRS uses a "7 Factor Right To Control Test" to determine whether or not and independent contractor is really an employee or not. If the IRS determines that an independent contractor has actually had an "employee relationship" with your company (failed the test) you will be subject to all the withholding taxes that have not been paid.

SO YOUR AGREEMENT with this person needs to specifically point out whether or not this person is an independent contractor or not and if so, make sure the agreement plainly spells out that they will be liable for their own taxes.

I honestly didn't read everything that Mr Staley posted about independent contractors. Suffice it to say that based upon the IRS statutes and my knowledge of the relationship you will be entering into, the individual you engage to help you would not legally be considered an independent contractor by the IRS.

Yet, there are many such illegal arrangements of this nature entered into everyday by two willing parties. My main concern is that if you chose to make the person an independent contractor it could come back to bite you, in spite of anything in writing.

So, the advice to seek legal counsel should not be ignored!

I have one. I drafted it and then had my attorney tweak it. I'll send it to you if you give me your email address.

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Here are the IRS guidelines:

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

Read it carefully so you can make the proper designation and protect yourself in the bargain.

This arrangement is typically a (legal) independent contractor arrangement.

birdofsong

Thank you all, but that was not my question. I just need a sample for an employee and/or subcontractor contract/agreement.

Sevarin, unfortunately it is not as simple as that as laws and contract laws vary from jurisdiction to jurisdiction. There is no "one fits all".

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You can be strange but not a stranger

A contract is nothing more than a written assurance that the the customer and DJ know what their obligations are and what to expect for the event. This has nothing to do with laws, local or federal. There are templates or generic forms available for download. They can be tailored for deposit and financial arrangements as to hourly or extended time. Many specify what the system consists of and talent requirerments. I offer with DJ Intelligence a play or no play list. This can also be part of the contract.

Any form should have the options of being modified for the situation or concerns of all involved. In formal situations such as a wedding a consult should be scheduled and planned for an error free service or reception and the contract should be discussed for both parties.

Here is a link for a sample contract and ideas to further consider the specifics. This link is provided as a courtesy of Cabaret Karaoke Fort Collins Colorado.

link

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Severin,

Here is the top and bottom of the acknowlegment for a host agreement as an independent contractor. It deals only with the payments and tax information.

Top half here: http://dkusa.com/images/hform1.jpg

Bottom half here: http://dkusa.com/images/hform2.jpg


Notice at the bottom that the host acknowledges that they will spend LESS than 80% of their working time for you... any more and they will be classified as an employee.

Your original question did not distinguish between employee or independent contractor and any other agreements are dependent on which of these routes you choose.

For example:

NON-COMPETITION AGREEMENTS by time or area are next to impossible to enforce since you cannot restrict a person's income if this business is their sole income. The ONLY time that can happen is if YOU spend considerable funds promoting that PERSON as part of your firm. i.e. Billboards and other advertising "xyz entertainment presents; JOE SCHMOE appearing nightly at so-n-so bar & grill" Advertising costs the person you hire would otherwise have to spend on themselves to help them with their business.

ripman8 would you please send me a copy of your contract/agreement.. hambone@etex.net

You asking for something in a 6 year old thread. ripman hasn't posted here actively since Dec 2014.

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