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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I want to take artists work on consignment and instead of

Customer Question

I want to take artists work on consignment and instead of taking a commission, I would like them to teach an art class for no compensation. I can ensure that each artist will be a viable business entity and not acting as just an individual.
Is this legal or am I creating an employer/employee relationship, and would owe them for the classes?
If not acceptable, And if I contracted for them for a set price for the class, can they be paid as a BFS contractor instead of an employee?
My business is in Florida.
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I am a licensed intellectual property attorney with over a dozen years business handling matters like this one. It is a pleasure to assist you today.

It is perfectly legal to have such an arrangement and you are not creating an employer/employee relationship. No different that reaching an agreement on a commission basis, this should be handled by written contract. You need to create a simple contract wherein your terms are specified.

As a bit of advice, since you are wanting to use their specific skill sets to teach these classes on their techniques, you need language in the agreement which requires specific performance and which notes that their requirement under the agreement is not assignable to another artist or entity. This will prevent them from crawfishing and trying to get someone else to teach the class for them.

Let me know if you have any other questions or comments.

Please rate my answer positively as well.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.
Did you have any additional questions or comments? I want to make sure you are as comfortable as possible as you move forward. Thanks

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