Either you or the IC should begin the process of drafting an agreement by offering the other person proposed language to include. Then both of you can negotiate and make changes until you agree on a final version.
a. Using the IC’s agreement
Many ICs have their own agreements they’ve used in the past. If so, it’s often wise to use that agreement as the starting point. This avoids giving government auditors the impression that the agreement is simply a company-drafted standard form the worker was forced to sign.
Read the IC’s agreement carefully, because it may contain provisions unduly favorable to the IC and harmful to you. Make sure it contains all the necessary provisions discussed in this chapter. If not, add them. You may also wish to add some provisions of your own or other optional provisions discussed below.
Keep copies of the IC’s original agreement and all the changes. These will help show auditors that the agreement was negotiated, not a contract you imposed on the IC.
b. Using your own agreement
If the IC does not have an agreement you can use, you’ll have to provide one of your own. You can use the general IC agreement provided here and adapt it for almost any kind of work.
Again, feel free to add provisions of your own or other options discussed below.
In addition, because large numbers of ICs traditionally work in certain occupations, this chapter discusses five different agreements, each tailored for specific types of service providers, including:
- household workers
- direct sellers
- real estate salespeople
- independent consultants , and
- contributors to a work made for hire .