Independent Contractor Status and Compensation Structure
1. Independent Contractor Relationship
The Contractor is engaged by FlasHOLR Technologies, DBA FlasHOLR, as an Independent Contractor and not as an employee, partner, joint ventures, or agent. The parties expressly intend to create an independent contractor relationship consistent with applicable federal law, including guidance issued by the Internal Revenue Service and the U.S. Department of Labor, as well as applicable laws of the State of Oklahoma.
The Contractor retains sole discretion and control over the manner, means, and methods of performing the services, subject only to the requirements set forth in this Agreement regarding scope, quality, and compliance with applicable laws and customer standards. FlasHOLR does not control the day-to-day performance of the services.
2. Acknowledgment of Independent Business
The Contractor represents and acknowledges that they operate an independently established business and:
a. Maintain a significant investment in tools, equipment, vehicles, supplies, and technology necessary to perform the services;
b. Bear the risk of profit or loss based on managerial skill, efficiency, and expense management;
c. Are not economically dependent upon FlasHOLR and may provide services to other clients or entities, subject to any separately agreed exclusivity provisions;
d. Possess specialized skills, experience, and knowledge relevant to the services performed; and
e. Are responsible for determining work schedules and accepting or declining service opportunities, except as expressly stated in this Agreement.
The relationship created by this Agreement is non-permanent and may be terminated by either party in accordance with the termination provisions herein.
3. Earnings Structure
The parties acknowledge that an understanding of earnings allocation is material to this Agreement and reflects FlasHOLR’s compensation framework recognizing both labor and the Contractor’s business expenses.
Unless otherwise expressly agreed in a written amendment signed by both parties, the standard earnings distribution applicable to Mover Contractors whether exclusive or non-exclusive, shall be as follows:
- Labor Compensation: Fifty percent (50%)
- Equipment and Supply Allocation: Fifty percent (50%)
Customer tips, when voluntarily provided by a customer, shall be blended into and treated as part of Labor Compensation for purposes of this Agreement and shall not be deemed wages, gratuities, or employer-controlled tips. The Contractor acknowledges that tips are discretionary, not guaranteed, and may vary or be zero for any given service.
For clarity, the inclusion of customer tips within Labor Compensation does not create any obligation on the part of FlasHOLR to solicit, guarantee, advance, supplement, or equalize such tips, nor does it alter the Contractor’s independent contractor status.
Therefore, with customer tips, the earning shall be structured as follows:
- Labor Compensation: Thirty-five to Forty-five percent (35-45%)
- Customer Tips (if any): Seven to Twenty percent (7-20%)
- Equipment and Supply Allocation: Forty-five to Fifty percent (45-50%)
For purposes of this Agreement, Equipment and Supply Allocation represents the portion of earnings attributable to the Contractor’s investment in and use of business assets and operating expenses, including but not limited to vehicle mileage, vehicle wear and tear, fuel, tools, equipment, supplies, maintenance, insurance, and cellular data.
4. No Wages or Expense Reimbursement
The Contractor acknowledges and agrees that amounts paid under this Agreement do not constitute wages, salary, overtime, or expense reimbursement under any employer policy or applicable wage and hour law. The Contractor is solely responsible for all costs and expenses incurred in connection with the performance of services.
5. Taxes, Insurance, and Legal Compliance
The Contractor is solely responsible for all federal, state, and local taxes, including income taxes, self-employment taxes, and any other assessments arising from compensation paid under this Agreement. The Contractor is further responsible for maintaining any required licenses, permits, registrations, and insurance required under Oklahoma law or applicable local ordinances.
6. Disclaimer of Employment Benefits
The Contractor is not entitled to, and expressly waives any claim to, employee benefits of any kind, including but not limited to minimum wage protections, overtime, workers’ compensation, unemployment insurance, paid leave, health insurance, or retirement benefits.
7. Modification and Reservation of Rights
FlasHOLR reserves the right to modify the compensation structure or allocation framework prospectively, provided that any such modification is communicated to the Contractor in writing and implemented in accordance with the amendment provisions of this Agreement. Any deviation from the standard distribution set forth herein must be documented in a written agreement executed by both parties.
