INDEPENDENT CONTRACTOR ACKNOWLEDGMENT
AdvancedONE Legal (“AdvancedONE”) is pleased to be working with you, in order for you to provide court reporting and transcription services to our California-based clients customers. These terms and conditions apply to your performance of services as an independent contractor to AdvancedONE.
1. You are performing services to AdvancedONE’s clients as an independent contractor. You expressly agree and understand that you shall not be: (i) considered an employee of AdvancedONE for any purposes whatsoever; or (ii) entitled to receive or participate in the benefits provided by AdvancedONE to its employees.
2. AdvancedONE shall not provide you with medical or disability insurance, unemployment compensation nor any other statutory benefits, to you or to any employee or subcontractor hired or engaged by you. AdvancedONE shall not pay social security taxes on your behalf.
3. By providing deposition transcripts and similar materials to AdvancedONE’s clients and customers, you are performing services outside the scope of any services provided by AdvancedONE employees.
4. AdvancedONE shall at no time, other than when required by local, state, and/or federal regulations, have the right to direct and/or control the manner, means or method by which you perform services. You, and not AdvancedONE, shall exercise control over the manner, means or method in which you provide services, except that you shall provide services to AdvancedONE during the range of hours in which AdvancedONE and AdvancedONE’s client request.
5. AdvancedONE shall not restrict your activities to particular geographical areas or facilities or dictate or control your activities with regard to hours, meetings, schedule, time off, vacation, or similar activities, except to the extent required by law.
6. You are free to negotiate and set your own rate for services.
7. AdvancedONE’s compliance with any local, state, and/or federal laws or regulations mandating any amount of control over your performance of services shall not under any circumstances be deemed to constitute the type of control over the manner and means of performance that would transform you or any of your employees or subcontractors into an employee of AdvancedONE, and you shall be legally estopped from taking such position in any legal proceeding, whether in court, arbitration or before any state or federal agency.
8. You shall be responsible for the payment of all taxes or other governmental payments owed by you pursuant to compensation received from AdvancedONE. You shall defend, indemnify, and hold AdvancedONE harmless from any liability for, or assessment of, any claims or penalties with respect to withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on AdvancedONE by the relevant governmental authorities.
9. Subject to your commitments to AdvancedONE, you are free to accept assignments from other court reporting agencies or other entities.
10. You shall provide at your own expense all stenographic equipment and related materials necessary to perform services.
11. AdvancedONE shall in no way be responsible for any of your obligations or liabilities, including, without limitation, office or equipment leases, vendor contracts (including but not limited to contracts with scopists), workers compensation (or other insurance) costs, taxes, licenses or permits. You are responsible for the ownership, licensing, insuring, maintaining, repairing and preparing of any equipment you may decide is necessary in the course of providing services. You shall comply with all laws, and maintain all licenses, registrations and permits required to perform services. AdvancedONE shall not supply you with any training materials and/or certifications.
12. You are free to advertise your services to the general public but may not use AdvancedONE’s name in such advertising without AdvancedONE’s express written consent. You may perform other work and provide any type of services to any other client, person or business, subject only to the extent providing any such services conflict with your obligations to AdvancedONE or AdvancedONE clients.
13. AdvancedONE will not monitor or supervise your provision of services to any other client, person or business. You are free to decide whether, how and when to provide services to any other client, person or business.
We look forward to continuing to work with you.