Independent Service Provider Clause Samples
The Independent Service Provider clause defines the relationship between the parties, clarifying that the service provider operates as an independent contractor rather than as an employee, agent, or partner of the client. This clause typically specifies that the provider is responsible for their own taxes, insurance, and compliance with applicable laws, and that they retain control over how the services are performed. By establishing this distinction, the clause helps prevent misclassification issues, limits liability for each party, and ensures that the service provider is not entitled to employee benefits or protections.
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Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort ▇▇▇▇▇▇▇. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose.
Independent Service Provider. This Agreement does not create or evidence a partnership or joint venture and Customer and its agents, servants and employees, shall at all times, be an independent service provider, and employees of Customer shall in no event be considered employees of Company, nor shall they be eligible for any employee benefits or other benefits from Company.
Independent Service Provider. This Agreement is on a principal to principal basis between the parties hereto Nothing contained in tills Agreement shall be construed or deemed to create any association, partnership or joint venture or employer employee relationship or principal-agent relationship in any manner whatsoever between the Parties
Independent Service Provider. 22.1. When executing the Agreement, BDO acts exclusively as an independent service provider. No provision in the Agreement, nor the conduct of the Parties during the execution of the Agreement shall give rise to the establishment of a company, an association, joint venture or any other form of cooperation between the Parties, temporary or otherwise.
22.2. Unless specified otherwise in the Engagement Letter, BDO is not obliged to fulfill any legal or contractual obligation on the part of the Client, nor does BDO have any responsibility regarding the activities or actions of the Client.
Independent Service Provider. The Service Provider shall perform the services under this contract as an independent Service Provider and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this contract shall be interpreted or construed to constitute the Service Provider or any of it’s sub-Service Providers, agents, or employees to be the agent, employee or representative of the District.
Independent Service Provider. The Parties acknowledge that School is a member of SGCA pursuant to California Corporations Code Section 5056. The relationship created by this Agreement is that of SGCA as a service provider to School, it does not create a partnership, joint venture, or employment relationship. Nothing in this Agreement shall confer upon any SGCA or School employee any rights or remedies, including any right to employment, as an employee of the other Party. The Parties agree as follows:
a. All SGCA employees providing services to School shall be and remain employed by SGCA and shall at all times be subject to the direction, supervision and control of SGCA. All School employees shall be and remain employed by School and shall at all times be subject to the direction, supervision and control of School.
b. School shall not have any right to terminate the employment of any SGCA employee providing services to the School. SGCA shall not have any right to terminate the employment of any School employee.
c. The Parties agree that SGCA shall not lease its employees to the School. School shall employ all of its personnel, including certificated personnel responsible for the delivery of instruction. School shall determine and manage compensation (salary and benefit) plans for its employees; provided, however, that School shall oversee and may consult with SGCA and SGCA will assist with providing payroll and related services pursuant to the scope of Services.
d. SGCA certifies that any of its employees who perform school-site services or transportation services for School, or who may have substantial contact with students at School as determined by School in its reasonable discretion, shall be screened in compliance with Education Code section 45125.1 and SGCA shall otherwise comply with that statute.
Independent Service Provider. Service Provider is an independent Service Provider of City and nothing in this Agreement shall be deemed to constitute Service Provider and City as partners, joint venturers, or principal and agent, or be construed as requiring or permitting the sharing of profits or losses. Neither Party has the authority to represent or bind or create any legal obligations for or on behalf of the other Party.
Independent Service Provider i. Service Provider agrees that in performing the Services under this Agreement, it shall be acting in the capacity of an independent Service Provider and in such capacity shall have no authority to represent Client, or commit any acts or enter into any obligations or make any commitments on behalf of Client.
ii. The parties acknowledge and agree that it is their intention that, at all times during the term of this Agreement and on expiry or termination, howsoever arising, the staff are and shall remain employees, agents, contractors or consultants of the Service Provider or any sub-contractor (as the case may be) and shall not transfer to Client for any reason whatsoever.
iii. The Service Provider warrants that it does not engage staff unless a National Australian criminal history screening application has been made and issued with a positive notice.
Independent Service Provider. (a) Service Provider is and shall remain at all times an independent Service Provider. For greater certainty, Company shall not be bound in any manner whatsoever by any agreement, warranties or representations made by Service Provider to any other person, firm or corporation or by any action of Service Provider, except where Service Provider has first obtained the prior written consent of Company. Nothing contained in this Agreement is intended to create nor shall be construed as creating an employment relationship between Service Provider and Company.
(b) Service Provider recognizes that it has the sole responsibility as an independent Service Provider to comply with all requirements of applicable laws, rules, and regulations.
(c) For all purposes, including but not limited to the Federal Insurance Contributions Act ("FICA"), the Social Security Act, the Federal Unemployment Tax Act ("FUTA"), income tax withholding and any and all other federal, state and local laws, rules and regulations, Service Provider shall be treated as an independent Service Provider and not as an employee with respect to Company.
(d) Service Provider acknowledges and agrees that it shall be responsible (as a self-employed person) for filing all tax returns, tax declarations and tax schedules, and for the payment of all taxes required, when due, with respect to any and all compensation earned by Service Provider under this Agreement. Company will neither pay unemployment taxes on, nor withhold income or employment or other taxes from, any compensation it pays Service Provider. Rather, the Company will report the amounts it pays Service Provider on IRS Forms 1099, to the extent required to do so under applicable Internal Revenue Code provisions. Service Provider also shall indemnify and hold Company harmless against any and all liabilities attributable to the obligations imposed on Service Provider under this Section 9.
(e) As an independent Service Provider, Service Provider shall not be entitled to any employment related benefits other than as set forth in this Agreement, nor to vacation pay. With the exception of the compensation described in Exhibit A, Service Provider shall have no claim or cause of action against Company for any cause, matter or thing including, without limitation, any claim or cause of action arising out of any alleged employment relationship between Service Provider and Company (which specifically includes any claim for notice, pay in lieu of notice, severan...
Independent Service Provider. The services to be performed by Design Consultant are those of an independent service provider and not of an employee of the City of Fort ▇▇▇▇▇▇▇. The City shall not be responsible for withholding any portion of Design Consultant's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose.
