Take a look at the Mary Kay Independent Beauty Consultant Agreement associated with this assignment. Read through and analyze the general terms and conditions and explain whether you believe that this agreement would lead a court to conclude an Independent Beauty Consultant is an independent contractor or an employee. Provide your interpretation of several provisions of the agreement in support of your conclusion.

This is a ten point question. Be sure to provide ten points worth of analysis for full marks.

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MARY KAY®Ⓡ Last Name: Home Address: PERSONAL DATA Please use black or blue ink and press firmly. Write in all capital letters. For prompt service, please complete all spaces and do not abbreviate unless necessary. Sex: FM No. Barangay Office Address: No. Barangay Preferred mailing address: RECRUITER'S DATA Recruiter's Name: Independent Sales Director's Name Independent Sales Director's Signature : STARTER KIT DETAILS AMOUNT: P OR OR SHIPPING INSTRUCTIONS: (please check) Mobile No.: ▬ ▬▬▬ Have you signed previously an Independent Beauty Consultant Agreement? Name: Address: Home City, ZIP No.: Province: First Name: FAMILY DATA Married? Yes No Do you have relatives who are Mary Kay Beauty Consultants? Yes List name(s), specifying relationship(s)_ Do you have relatives employed by Mary Kay Inc. or any of its subsidiaries? List name(s), specifying relationship(s)_ FORMS OF PAYMENT: Cash/EPS Amount: P Independent Beauty Consultant Agreement Credit Card: Amount: P Credit Card No: Municipality/City/Province Street/Subdivision Hold Starter Kit for pick-up at Makati office on Ship Starter Kit to new Consultant at: home address OR Ship Starter Kit to address of Sales Director Recruiter Bldg. Name Street/Village Municipality/City/Province Year Office FAX No.: Name of Spouse (First and Last) (date) office address Bank Deposit to BPI No. 1885-1130-16 (use Green Deposit Slip) Account Name: Mary Kay (Philippines.), Inc. Amount: P Type: Others No Yes Expiry Date: Month Full Name of Card Holder: The issuer of the card identified herein is authorized to pay the total amount shown in the corresponding invoice related to this order. I shall be liable for the said amount, together with any other dues thereon, subject to the terms and conditions of the cardholder agreement I have with the issuer of the card. Signature of Credit Card Holder Yes Middle Name: No If yes, how many Zip Code Zip Code If yes, when: FOR OFFICE USE ONLY Consultant No.: *Birthdate BPI Acct No.: Branch Y MMDD Y V "Must be 18 years of age or older Home Phone No.:(w/ area code) No If so, please give name and position held Office Phone No.: E-mail Address: Quezon City Processed by: Date: recruited by? Consultant No.: IMPORTANT REMINDER Please attach photocopy of ID with photo of any of the following: SSS ID # Passport # T.I.N. # Others Unit No.: COMMISSION DETAILS: (choose one arrangement only) I WANT TO RECEIVE ANY FUTURE COMMISSION PAYMENT BY: Mail (w/P100 fee, to be deducted from commission) Home Office OR Pick up at Beauty Center: (please check one only) Makati Davao ▬▬▬▬▬▬▬▬ OR Deposit @ BPI Account It must be understood that commission payments are received faster when deposited directly to your BPI Account. Do you have an existing Bank of the Philippine Islands (BPI) Account? Yes (please fill up details below) Cebu Savings Account Current Account No (for Metro Manila) But as I earn my commission, I will open a BPI account through the assistance of MKPI. I will secure from the Makati Beauty Center the necessary signature cards, accomplish and file them accordingly. No (for Provincial) Due to the need for convenience in my personal transaction with the bank, I will directly open a BPI account in a branch nearest me as soon as I begin to earn commission. I will be responsible in securing an ekzement letter from MKPI to facilitate the quick opening of my account. "In case of problems with your bank account, commissions will be directly mailed to your home address FOR OFFICE USE ONLY By my signature below, I certify that the information above is correct. I understand the General Terms and Conditions of this Independent Beauty Consultant Agreement and I hereby accept those Terms and Conditions and certify that I have the legal capacity to enter into this Agreement. I understand that the recruiter whose name is on this Agreement will ultimately be the one to receive any recruiter commission on my sales. Your Signature: Original (white) - Company Duplicate (yellow)- Independent Beauty Consultant Triplicate (pink) - Recruiter Date: Mary Kay (Philippines) Inc. Bldg. 2 La Fuerza Cpd. 2241 Chino Roces Avenue, Makati City 1271, Phila Telephone8506222 Fax #8596299 E-mail Address: peservice@mkcoup.com ckponder@corp.com Website: www.marykay.com.ph MARY KAY®Ⓡ Last Name: Home Address: PERSONAL DATA Please use black or blue ink and press firmly. Write in all capital letters. For prompt service, please complete all spaces and do not abbreviate unless necessary. Sex: FM No. Barangay Office Address: No. Barangay Preferred mailing address: RECRUITER'S DATA Recruiter's Name: Independent Sales Director's Name Independent Sales Director's Signature : STARTER KIT DETAILS AMOUNT: P OR OR SHIPPING INSTRUCTIONS: (please check) Mobile No.: ▬ ▬▬▬ Have you signed previously an Independent Beauty Consultant Agreement? Name: Address: Home City, ZIP No.: Province: First Name: FAMILY DATA Married? Yes No Do you have relatives who are Mary Kay Beauty Consultants? Yes List name(s), specifying relationship(s)_ Do you have relatives employed by Mary Kay Inc. or any of its subsidiaries? List name(s), specifying relationship(s)_ FORMS OF PAYMENT: Cash/EPS Amount: P Independent Beauty Consultant Agreement Credit Card: Amount: P Credit Card No: Municipality/City/Province Street/Subdivision Hold Starter Kit for pick-up at Makati office on Ship Starter Kit to new Consultant at: home address OR Ship Starter Kit to address of Sales Director Recruiter Bldg. Name Street/Village Municipality/City/Province Year Office FAX No.: Name of Spouse (First and Last) (date) office address Bank Deposit to BPI No. 1885-1130-16 (use Green Deposit Slip) Account Name: Mary Kay (Philippines.), Inc. Amount: P Type: Others No Yes Expiry Date: Month Full Name of Card Holder: The issuer of the card identified herein is authorized to pay the total amount shown in the corresponding invoice related to this order. I shall be liable for the said amount, together with any other dues thereon, subject to the terms and conditions of the cardholder agreement I have with the issuer of the card. Signature of Credit Card Holder Yes Middle Name: No If yes, how many Zip Code Zip Code If yes, when: FOR OFFICE USE ONLY Consultant No.: *Birthdate BPI Acct No.: Branch Y MMDD Y V "Must be 18 years of age or older Home Phone No.:(w/ area code) No If so, please give name and position held Office Phone No.: E-mail Address: Quezon City Processed by: Date: recruited by? Consultant No.: IMPORTANT REMINDER Please attach photocopy of ID with photo of any of the following: SSS ID # Passport # T.I.N. # Others Unit No.: COMMISSION DETAILS: (choose one arrangement only) I WANT TO RECEIVE ANY FUTURE COMMISSION PAYMENT BY: Mail (w/P100 fee, to be deducted from commission) Home Office OR Pick up at Beauty Center: (please check one only) Makati Davao ▬▬▬▬▬▬▬▬ OR Deposit @ BPI Account It must be understood that commission payments are received faster when deposited directly to your BPI Account. Do you have an existing Bank of the Philippine Islands (BPI) Account? Yes (please fill up details below) Cebu Savings Account Current Account No (for Metro Manila) But as I earn my commission, I will open a BPI account through the assistance of MKPI. I will secure from the Makati Beauty Center the necessary signature cards, accomplish and file them accordingly. No (for Provincial) Due to the need for convenience in my personal transaction with the bank, I will directly open a BPI account in a branch nearest me as soon as I begin to earn commission. I will be responsible in securing an ekzement letter from MKPI to facilitate the quick opening of my account. "In case of problems with your bank account, commissions will be directly mailed to your home address FOR OFFICE USE ONLY By my signature below, I certify that the information above is correct. I understand the General Terms and Conditions of this Independent Beauty Consultant Agreement and I hereby accept those Terms and Conditions and certify that I have the legal capacity to enter into this Agreement. I understand that the recruiter whose name is on this Agreement will ultimately be the one to receive any recruiter commission on my sales. Your Signature: Original (white) - Company Duplicate (yellow)- Independent Beauty Consultant Triplicate (pink) - Recruiter Date: Mary Kay (Philippines) Inc. Bldg. 2 La Fuerza Cpd. 2241 Chino Roces Avenue, Makati City 1271, Phila Telephone8506222 Fax #8596299 E-mail Address: peservice@mkcoup.com ckponder@corp.com Website: www.marykay.com.ph

Answer rating: 100% (QA)

Based on an analysis of the Independent Beauty Consultant Agreement it appears that a court would likely conclude that an Independent Beauty Consultan... View the full answer