So far so good. But just to cover the bases: What about the Business to Business Exemption Under AB5? Read it for yourself and decide:
READ AB 5: Requirements:
(1) If a business entity formed as a sole proprietorship, partnership, limited liability company, limited liability partnership, or corporation (“business service provider”) contracts to provide services to another such business (“contracting business”), the determination of employee or independent contractor status of the business services provider shall be governed by Borello, if the contracting business demonstrates that all of the following criteria are satisfied: (Sharpo!® Entertainment Productions is a sole proprietorship.)
(A) The business service provider is free from the control and direction of the contracting business entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. Sharpo!® Entertainment productions is indeed 100% free from control and direction of the work!
(B) The business service provider is providing services directly to the contracting business rather than to customers of the contracting business. Sharpo!® is performing for your company and not your company’s customers.
(C) The contract with the business service provider is in writing. Sharpo!® Terms and Conditions are outlined in our service form and contracts that are completed when you book the performance!
(D) If the work is performed in a jurisdiction that requires the business service provider to have a business license or business tax registration, the business service provider has the required business license or business tax registration. Sharpo!® maintains a L.A. City Tax registration Certificate.
(E) The business service provider maintains a business location that is separate from the business or work location of the contracting business. Sharpo!® Entertainment Productions is located at 14802 Runnymede Street, Van Nuys, CA 91405
(F) The business service provider is customarily engaged in an independently established business of the same nature as that involved in the work performed. Sharpo!® Entertainment Productions is well established and the federal trademark “Sharpo!®” dates back to the 1990s.
(G) The business service provider actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from the hiring entity. Sharpo!® Has an extensive and ever growing client list.
(H) The business service provider advertises and holds itself out to the public as available to provide the same or similar services. See Sharpo.com!
(I) The business service provider provides its own tools, vehicles, and equipment to perform the services. Sharpo!® is a fully self contained act.
(J) The business service provider can negotiate its own rates. Sharpo!® is famous for fair and competitive pricing and names its price on each gig.
(K) Consistent with the nature of the work, the business service provider can set its own hours and location of work. Sharpo!® chooses when to work and advises clients on optimal performance itineraries.
(L) The business service provider is not performing the type of work for which a license from the Contractors State License Board is required, pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. Sharpo!® Entertainment Productions is not required to have a state license to perform.