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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

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.

Independent Beauty Consultant MARY KAY FOR OFFICE USE ONLY ltant No. Agreement 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. rst Name st N Middle N Home Address: Birthdat Street subdi of ager ome Phone No area cod ZipCode MunicipalityCity/Provin Office Address Office Phone No. Bldg. N hestueet/village Municipality City Provin ZipCode mali Preferred ng address Home Office Mobile No.: FAX No. Have you signed previously an Independent Beauty Consultant Agreement? No Yes f yes, when: recruited by? FAMILY DATA Married? Yes No Name of Spouse First and Last Do you have relatives who are Mary Kay Beauty Consultants? Yes, If yes, how many List name(s), specifying relationship Do you have relatives employed by Mary Kay Inc. or any of its subsidiaries Yes, No fso, please give name and position held List name(s), specifying relationshipl Recruiters Name: Consultant No. dent Sales Di Name dependent Sales Directors signature Unit No. START MPORTANT REMINDER Please attach photocopy of ID with photo of any of the following AMOUNT: P Passport SSS ID SHIPPING INSTRUCTIONS: please check) TIN. Hold Starter Kit for pick-up at Makati office on Others Ship Starter Kit to new Cons nt a COMMISSION DETAILS: choose one arrangement only) home address office address WANT TORECEIVE ANY FUTURE COMMISSION PAYMENT BY: OR Ship Starter Kit to address of Mail (WMPl00 fee, to be deducted fromn commission) Sales Directo Recruiter Others Ofice Name Address Pick up at Beauty Center: please check one only) City, ZIP No D Makai uezon City Davao Province: Deposit a BPI Account FORMS OF PAYMENT: It must be understood that commission payments are received faster when Cash EPS deposited directly to your BPI Account Do have an existing Bank of the Philippine Islands BPI Accounu ank Deposit to BP No. 1885 30. 6 (use Green Deposit Slip Yes (please fill up details below) Account Name: Mary Kay (Philippines.) Inc. Amount: P BPI Acct No. ranch Savings Account current Accour Credit Card: Amount P Type learn my commission, J will open a BPIaccourr Credit Card No through rhe the Makati Benny Center the dance of sramy signature cante, complish and file them ondingly. No jor Provincial Due to the need for in my p ansaction with the bank Iwill dirwerTv open a BPI Expiry Date: Month Year begin to mission. be ruspovuslble Full Name of Card Holder: of rmbleww with yonn brank her dimctly o your The issuer of the card identified herein is authorized to pay home addi the said amount, o the terms and conditions of the EOROEFICE USE ONLY cardholder agreementihave with the issuer of Processed by: Signature of Credit Card Holder Date: By my signature below. I ce that the information above is correct. understand the General Terms and Conditions of this ndependent B auty Con ultant Agreement and I hereby accept those Terms and Conditions and certify tha have the legal capacity to enter into this understand that the recruiter whose name is on his en ll ultimately be th Agree e one to y sales. ive any Your Signature: original (white Duplicate yell Independent Beauty Consultant Triplicate (pink Recruiter maykay

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

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