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Independent Contractor Individual 101813

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INDEPENDENT CONTRACTOR
AGREEMENT – INDIVIDUAL
This Independent Contractor Agreement (“Agreement”) is entered into by and between
ORAL ROBERTS UNIVERSITY, 7777 S. Lewis, Tulsa OK 74171 (“ORU”), and
_________________________________________________, an individual whose address is
__________________________________________________________ (“CONTRACTOR”). In
consideration of the mutual covenants of this Agreement, the parties hereby agree as follows:
1. Scope of Work. ORU hereby engages CONTRACTOR to furnish the work and perform
the services described in Exhibit “A” attached to this Agreement (“Subject Matter”) at times
mutually agreed upon by the parties and CONTRACTOR agrees to furnish the work and perform
the services constituting the Subject Matter. CONTRACTOR shall supply, at CONTRACTOR’s
sole expense, all equipment, tools, materials, and/or supplies to accomplish the Subject Matter.
2. Price and Payment. ORU agrees to pay CONTRACTOR in accordance with the Price
and Payment terms set forth in Exhibit “A” and CONTRACTOR agrees to accept such amounts
as full payment for all the work and services provided pursuant to this Agreement.
3. Term. This Agreement is effective as of date of execution by the parties and shall
terminate on the earlier of full completion of the Subject Matter by CONTRACTOR or
__________________.
4. Independent Contractor Relationship. CONTRACTOR is an independent contractor
and is not an employee, servant, agent, partner or joint venturer of ORU. CONTRACTOR has no
authority to enter into contracts or agreements on behalf of ORU except as authorized in writing
by ORU. ORU shall determine the nature of work to be done by CONTRACTOR, but
CONTRACTOR retains the sole and absolute discretion and judgment in the methods,
techniques and procedures to be used, and CONTRACTOR shall determine the legal means by
which the Subject Matter is performed, except as required by applicable law or by ORU’s
policies. CONTRACTOR shall conduct his/her activities under this Agreement in a manner so as
to maintain the good will and reputation of ORU. This Agreement is for performance by
CONTRACTOR, is not assignable by CONTRACTOR, and CONTRACTOR represents and
warrants that no individual or entity other than CONTRACTOR shall perform any work related
to the Subject Matter. CONTRACTOR shall not be entitled to receive any benefits from ORU
including workers’ compensation coverage, unemployment compensation, medical/health
insurance, life insurance, paid leave, or retirement. CONTRACTOR shall complete and execute
the Independent Contractor Affidavit and Exempt Status Fact Sheet attached hereto as Exhibit
“B.”
5. Expenses, Employees and Taxes. CONTRACTOR shall be solely responsible for any
expenses incurred in performing the Subject Matter. ORU is not responsible for withholding and
shall not withhold taxes of any kind from any payments to CONTRACTOR. CONTRACTOR
shall be solely responsible for paying any and all taxes and other expenses of CONTRACTOR
arising out of or relating to this Agreement.
6. Indemnity. CONTRACTOR shall indemnify and hold ORU (and its affiliates, officers,
directors, agents, employees and contractors) harmless from any claims, demands, or causes of
action resulting from: (a) any expenses incurred in performing the Subject Matter; (b) personal
injury, death, and damage to or loss of property, arising out of or occurring in connection with
the performance of Subject Matter which is caused in whole or in part by CONTRACTOR; and
(c) any claim by any taxing authority referring or relating to any payments made by ORU to
CONTRACTOR pursuant to this Agreement.
7. Confidentiality. In connection with the performance of the Subject Matter, ORU may
disclose confidential, proprietary, personally identifying or trade secret information
("Information") to CONTRACTOR on a confidential basis. With respect to Information
disclosed under this Agreement, CONTRACTOR shall hold the Information in strict confidence,
exercising a high degree of care; use the Information only in connection with Subject Matter; and
not copy, disclose, publish, use or distribute such Information or knowingly allow anyone else to
copy, disclose, publish, use or distribute such Information. Information is the property of ORU
and upon request, CONTRACTOR shall return all Information received in tangible form to ORU
and will destroy or erase (to the extent possible) Information that is in an intangible form and
will certify to ORU that the Information has been returned, destroyed or erased.
8. Scope of Agreement. This Agreement shall benefit and be binding upon the parties
hereto and their respective successors and assigns, except that this Agreement may not be
assigned by CONTRACTOR without prior written authorization of ORU. This Agreement may
be terminated by ORU upon thirty (30) days written notice to the CONTRACTOR. The
obligations of confidentiality contained in this Agreement shall survive and continue indefinitely
with regard to the Information. This Agreement shall be governed by and construed in
accordance with the laws of the State of Oklahoma without regard to choice of law principles.
All actions and proceedings arising out of this Agreement shall be brought in a Court with
jurisdiction and venue in Tulsa County, Oklahoma. The parties acknowledge that in the event of
an unauthorized disclosure, the damages incurred by ORU may be difficult if not impossible to
ascertain, and that ORU may seek injunctive relief as well as monetary damages for breach of
this Agreement. This Agreement constitutes the entire understanding between the parties with
respect to the subject matter hereof. No amendment or modification of this Agreement shall be
valid or binding on the parties unless made in writing and executed on behalf of each party by its
duly authorized representative.
This Agreement shall be effective as of .
“ORU” “CONTRACTOR”
ORAL ROBERTS UNIVERSITY
By: ________________________________
Title: ________________________________
EXHIBIT “A”
SCOPE AND SUBJECT MATTER OF WORK AND COMPENSATION
Pursuant to the Independent Contractor Agreement (“Agreement”) between
__________________________________________ (“CONTRACTOR”) and Oral Roberts
University (“ORU”), CONTRACTOR shall perform the following services:
The Price shall be as follows: ________________________________________________________.
The Payment terms shall be Net 30 days from completion of the Subject Matter.
Initials: Initials:
______________ ____________
CONTRACTOR ORU
EXHIBIT “B”
AFFIDAVIT OF EXEMPT STATUS UNDER THE WORKERS’ COMPENSATION ACT
State of Oklahoma
}
County of ________________
I, state under oath as follows:
1. I, operating as ,
have agreed to provide services to ORAL ROBERTS UNIVERSITY during calendar year
________.
2. I have read, signed and attached the Exempt Status Fact Sheet and understand that an Independent
Contractor is one who engages to perform certain services for another, according to his own
manner, method, free from control and direction of his contractor in all matters connected with the
performance of the service, except as to the result or product of the work.
3. I understand that based upon the representations in this Affidavit of Exempt Status, I am
requesting ORAL ROBERTS UNIVERSITY to consider my business to be that of an independent
contractor; that I am not an employee under the Workers’ Compensation Act and the policy
issued by ORAL ROBERTS UNIVERSITY’s Insurance Carrier; and that no premium be charged
for the services performed by my business during the policy year.
4. I am an independent contractor, not an employee of the contractor. I do not want workers’
compensation insurance and understand that I am not eligible for Workers’ Compensation
benefits.
5. I will obtain workers’ compensation and employers’ liability insurance for my employees if I have
employees, unless they are otherwise exempt from the requirements of the Workers’
Compensation Act.
6. I have read, signed and attached the Exempt Status Fact Sheet describing what an Independent
Contractor is and the information provided is not the result of force, threats, coercion, compulsion
or duress.
7. I understand that the execution of the affidavit shall establish a rebuttable presumption that the
executor is not an employee for purposes of the Workers’ Compensation Act.
8. I understand that the execution of an affidavit shall not affect the rights or coverage of any
employee of the Individual executing the affidavit.
9. I understand that knowingly providing false information on an Affidavit of Exempt Status Under
the Workers’ Compensation Act shall constitute a misdemeanor punishable by a fine not to exceed
One Thousand Dollars ($1,000.00).
Independent Contractor (Executor) Signature
Date: Name: Title:
Signature: Business Name:
EXEMPT STATUS FACT SHEET
An independent contractor is defined by law as one who engages to perform certain services for another,
according to his own manner, method, free from control and direction of his contractor in all matters
connected with the performance of the service, except as to the result or product of the work.
Below are statements to help you decide if you are an independent contractor. No one statement is
controlling and your status is based on all the facts in your situation. If a statement describes your
situation, then initial the box. If at least six of the statements below do not describe your business,
you should not sign the attached Affidavit of Exempt Status under the Workers’ Compensation
Act.
______1. The nature of the contract between you and the contractor shows you are independent from the
contractor. For example: Is there a written contract where you agree that you are an independent
contractor? Are you a corporation or limited liability company? Do you maintain commercial general
liability insurance or other business insurance?
______2. The contractor exercises very little control over your work. For example: By the agreement, can
the contractor exercise control on the details of the work or your independence? Do you exercise control
over most of the details of the work? Do you create plans or specifications for the job? Do you set your
own work hours?
______3. You are engaged in a distinct occupation or business for others. For example: Do you work for
companies or individuals other than the Contractor? Do you work for competitors of the Contractor? Does
your business have a logo or uniform?
______4. Your job is the kind of occupation where the work is usually performed by a specialist without
supervision, and not under the direction of the contractor. For example: Is your work supervised by the
Contractor?
______5. Your occupation requires special skills, license, education or training.
______6. The contractor does not supply the things needed to perform your job such as the tools and the
place of work. For example: Do you supply any of the materials or tools for the work? Do you operate a
vehicle owned by the contractor? Was the work performed at your business or the contractor’s business
location or jobsite? Do you wear a uniform supplied by the contractor?
______7. The length of the job and how long you have worked for the Contractor does not show that you
are really an employee. For example: Is this a one-time job, or will you be doing this for the contractor
regularly?
______8. You are paid as a separate contractor, not as an employee. For example: Do you invoice the
Contractor for your services? Are you paid by the job? Do you file a federal income tax return for your
business? Do you expect to receive an IRS Form 1099 from the Contractor? Does the Contractor pay your
expenses?
______9. Your work is not the regular business of the employer. For example: Is your work customarily
done in the Contractor’s line of business or as part of the Contractor’s daily work? Have you ever been an
employee of the Contractor? Do you work with other people hired by the Contractor on the work you
perform?
______10. You do not consider yourself an employee of the contractor. For example: Will the Contractor
withhold taxes or monies from your payment? Have you ever been an employee of the Contractor? Have
you or your employees ever filed an insurance claim against the Contractor?
______11. You do not have the right to terminate the relationship without liability. For example: If you
quit before the job is finished, is there a penalty?
Based upon these factors, do you believe that you are an independent contractor with exempt
status?
Initial: Signature___________________________________________
(INDEPENDENT CONTRACTOR/EXECUTOR)
Yes
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Independent Contractor Individual 101813

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Completed 25 February 2020

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