1099 Statutory Non-Employee / Contractor

Unlicensed new hires are considered Statutory Non-Employees until certified. The Certification Training program shall not exceed 45 days, at which time the Licensed Technician will complete the New Hire paperwork for Statutory Employees.

Licensed Technician

Use this option only if you have completed and passed the State Fire Marshal’s licensing exam.

Common-Law Employee (W-2)

Use this option only if you have been hired for an hourly rate or salaried position.

Statutory Non-Employee Agreement

WHEREAS the Company is engaged in the sale of consumer services and products, hereinafter called “Products”; AND WHEREAS the Distributor is a statutory non-employee who receives products and service goods upon “consignment”; AND WHEREAS the Distributor is selling said products and services to clients and consumers; NOW THEREFORE, the parties hereto mutually agree as follows:

1. The Distributor operates under Statutory Non-Employee during probationary period until proper certification is received, at which time the Distributor can and may become an “Employee” of the Company.

1.1 The Distributor is primarily independent and free of control to sell the Products and Services at any price.

1.2 The Distributor shall not be assigned a territory. When Company designates a geographical area for sale of Product and Services, the geographical area is comprised of numerous territories. Each Distributor shall be free to select a non-exclusive territory of his or her choice within the geographical area set by the Company.

1.3 The Distributor may sell the Products & Services during any hours he or she may choose; there is no designated starting or quitting time but the Distributor understands, when the Distributor chooses to sell Products, the Company may designate a time period during the Company’s normal business hours when the Distributor can pick-up and/or return Products and Service goods to the Company.

1.4 The Distributor shall not be required to attend sales meetings.

1.5 The Distributor is free to develop his or her own sales techniques and methods.

1.6 While the Company may provide the Distributor with suggested retail prices, these prices are for convenience and informational purposes only; the Distributor has sole discretion in establishing his or her prices.

1.7 The Company shall not impose on Distributor any sales quota or minimum number of sales which Distributor must make in order to continue to distribute Company’s Products and Services.

2. The profit which the Distributor can make will vary depending upon the price which he or she obtains for sale of the Products and Services.

3. Nothing in this Agreement shall prevent the Distributor from holding outside employment of any kind during the term of this Agreement or anytime thereafter.

4. The Company shall not reimburse the Distributor for any expenses he or she may incur in the sale of the Products and/or Services (for example, transportation, car, fuel, etc.).

5. The Products and/or Service Goods consigned to the Distributor shall be returned to or purchased at the at the facility where consigned within 24 hours if Distributor is notified by the Company.

6. If the Distributor fails to return or pay for the Products or Service Goods consigned, the Distributor will pay all costs incurred by the Company as a result of Distributor’s failure to return the Products and/or Service Goods, including but not limited to the purchase price for the unreturned Products and/or Service Goods [Also refer to Uniform/Supplies Agreement], collection agency fees, attorneys’ fees and court costs, if any.

7. Nothing in this Agreement shall be deemed to permit the Distributor to conduct business in the name of, or on the account of the Company, or to incur or assume any expense, debt, obligation, liability or responsibility on behalf of, or in the name of the Company or to bind the Company in any way whatsoever.

8. Whenever Distributor chooses to sell Company’s Products and/or Services, he or she agrees at his or her own expense to abide by any and all laws, regulations, ordinances and rules imposed by federal, state and local authorities, where applicable. Further, Distributor agrees he or she shall make no misrepresentations to consumers and clients about Company’s Products or Services.

9. If the clients or consumers remit, dishonor, or return for non-sufficient funds any checks for the purchase of Products and/or Services, the Distributor acknowledges that payment for that Service will be remitted until payment is received from client.

10. This Agreement shall continue in force until terminated by either party. Upon termination, Distributor shall return to Company all consigned Products and Service Goods remaining unsold as well as all other goods as disclosed in the “Uniform and Supplies Agreement”.

11. This Agreement sets for the entire agreement and understanding between the Company and Distributor with respect to the subject matter of this Agreement and supersedes any prior negotiations, commitments and agreements, expressed or implied, whether oral or in writing, with respect to the subject matter of this Agreement. Further, this Agreement may only be changed or modified by an agreement in writing signed by the Company and the Distributor.

12. THE DISTRIBUTOR UNDERSTANDS THAT AS A STATUTORY NON-EMPLOYEE AND TECHNICIAN, HE OR SHE SHALL HAVE NO CLAIMS AGAINST THE COMPANY FOR WAGES, UNEMPLOYMENT, WORKERS’ COMPENSATION OR DISABILITY BENEFITS AND HE OR SHE SHALL BE LIABLE FOR PAYMENT OF ALL FEDERAL, STATE AND LOCAL INCOME TAXES. IN PARTICULAR, THE COMPANY WILL NOT TREAT THE DISTRIBUTOR AS AN EMPLOYEE WITH RESPECT TO ANY SERVICES FOR FEDERAL OR STATE TAX PURPOSES.

Statutory Employee Agreement

WHEREAS the Company is engaged in the sale of consumer services and products, hereinafter called “Products”; AND WHEREAS the Employee is a certified Statutory Employee who receives products and service goods upon “consignment”; AND WHEREAS the Employee is selling said products and services to clients and consumers for use in buyer’s business operation; sales of Products are the primary and principal business activity for the Company; NOW THEREFORE, the parties hereto mutually agree as follows:

1. The Employee operates under the agreement of Statutory Employee during employment with the Company.
1.1 The Employee is primarily independent and free of control to sell the Products and Services at any price. While the Company may provide the Employee with suggested retail prices, these prices are for convenience and informational purposes only; the Employee has sole discretion in establishing his or her prices.
1.2 The Employee may be given “leads” of current clients; However, when the Company designates a geographical area for sale of Product and Services, the geographical area is comprised of numerous territories. Each Distributor shall be free to select a non-exclusive territory of his or her choice within the geographical area set by the Company.
1.3 The Employee may sell the Products & Services during any hours he or she may choose; there is no designated starting or quitting time but the Employee understands, when choosing to sell Products, the Company may designate a time period during the Company’s normal business hours when the Employee can pick-up and/or return Products and Service goods to the Company.
1.4 The Employee may be required to attend sales meetings.
1.5 The Employee is free to develop his or her own sales techniques and methods, so long as the basic ethics and integrity of the company are kept intact A training manual may be provided as a guide and/or outline.
1.6 The Company shall not impose on Employee any sales quota or minimum number of sales which Employee must make in order to continue to distribute Company’s Products and Services.

2. The profit which the Employee can make, will vary depending upon the price which he or she obtains for sale of the Products and Services.

4. The Company shall not be responsible to reimburse the Employee for any expenses he or she may incur in the sale of the Products and/or Services (for example, transportation, car, fuel, etc.) unless otherwise agreed upon.

5. The Products and/or Service Goods consigned to the Employee shall be returned to or purchased at the the facility where consigned within 24 hours if Employee is notified by the Company.

6. If the Employee fails to return or pay for the Products or Service Goods consigned, the Distributor will pay all costs incurred by the Company as a result of Distributor’s failure to return the Products and/or Service Goods, including but not limited to the purchase price for the unreturned Products and/or Service Goods [Also refer to Uniform/Supplies Agreement], collection agency fees, attorneys’ fees and court costs, if any.

7. Nothing in this Agreement shall be deemed to permit the Employee to conduct business in the name of, or on the account of the Company, or to incur or assume any expense, debt, obligation, liability or responsibility on behalf of, or in the name of the Company, or to bind the Company in any way whatsoever.

8. Whenever Employee chooses to sell Company’s Products and/or Services, he or she agrees at his or her own expense to abide by any and all laws, regulations, ordinances and rules imposed by federal, state and local authorities, where applicable. Further, Employee agrees he or she shall make no misrepresentations to consumers and clients about Company’s Products, Services, or affiliations.

9. If the clients or consumers remit, dishonor, or return for non- sufficient funds any payment for the purchase of Products and/or Services, the Employee acknowledges that payment for that Service will be remitted until payment is received from client.

10. This Agreement shall continue in force until terminated by either party. Upon termination, Employee shall return to Company all consigned Products and Service Goods remaining unsold as well as all other goods as disclosed in the “Uniform and Supplies Agreement”. If any goods are un-returned, see item 6.

11. This Agreement sets for the entire agreement and understanding between the Company and Employee with respect to the subject matter of this Agreement and supersedes any prior negotiations, commitments and agreements, expressed or implied, whether oral or in writing, with respect to the subject matter of this Agreement. Further, this Agreement may only be changed or modified by an
agreement in writing signed by the Company and the Employee.