2022 Painting Salesperson Contract FormsFor Painting Contractors

Painting Contractors... If you are "OUT OF THE BUCKET"... and use independent salespeople (you know 1099 service providers) to estimate and sell your painting work, the forms below are essential for the success of your painting contractor business. In order to keep an independent salesperson "independent" in the eyes of the IRS, state tax agency, OSHA etc... you, as the business owner have to walk a fine line between what you can require of them and what, if you do require of them, makes them no longer an independent contractor but instead makes them your employee. If the independent is considered an employee by your actions, you will be responsible for their taxes, workman's compensation insurance, vehicle insurance, possibly minimum income requirements... etc... in short, all the things you are trying to avoid by making them independent contractors in the first place! Consider these circumstances for example...

• What happens to the sales "leads" you give to your independent salesperson if the job is not sold by them... will they be selling your "dead" leads to another painting company or worse... FOR ANOTHER PAINTING COMPANY... you know... to or for your competition?
• How long is your business relationship with them and how is this relationship terminated and for what causes?
• What exactly is your expectations for the independent salesperson and what can they expect from you? As an independent, you can't train the independent and you can't control their time and manner of performing services for you... how will you handle these facts?
• How and when will the independent be compensated for their services and under what circumstances will no compensation be due them?
• How will you make it clear that the salesperson is truly an independent contractor and not an employee and what exactly will be required from them as an independent.  
• What happens if the independent mis-bids a contract for painting work... either by accident, ignorance or even to "punish" your company ... will you still be bound by the contract the independent signs on behalf of your company even though doing the work will cost you money?