ChuckAli and Jen decide to go into a business venture, developing and distributing educational software. They decide not to incorporate. Each contributes $10,000, and Ali also contributes a truck and his programming expertise. They agree that all three will be actively involved in the day-to-day management of the business. To determine their rights and obligations, they enter into a one-page agreement that provides only that each of Chuck, Ali and Jen is to get 33 1/3\% of the profits and states specifically they are not to be viewed as partners. Based on these facts, which of the following are true?

1) Chuck, Ali and Jen will not be considered partners because of the express intention in their agreement.

2) Chuck, Ali and Jen are not partners because they do not share profits in proportion to their capital contributions.

3) Chuck, Ali and Jen are not partners because to be partners they must be professionals, such as dentists, lawyers or doctors.

4) ChuckAli and Jen will be considered partners, but someone claiming against the partnership will only be able to collect 33 1/3\% from any one partner because of the agreement .

5) Chuck, Ali and Jen will be considered partners in the eyes of the law, because they share profits and are involved in the management of the business.