A demonstrator, in effect, sets his own hours, negotiates his own salary, is free to accept or reject any demonstration, works without formal training, and uses his own methods. A demonstrator can hire assistants at his own financial risk. Indeed, the only real element of control here is that the demonstrator cannot sub-contract the performance of the demonstration. We believe that this one item is insufficient to show that Petitioner exercised control over the demonstrators. Element B Element B requires that the services be performed either outside the usual course of the business or outside of all the usual places of business of Petitioner.
Petitioner is in the business of providing demonstrations of products.
It conducts these demonstrations through the services of demonstrators. Thus, the services are performed within the usual course of Petitioner's business. Petitioner argues that the services are not performed within the places of Petitioner's business. To so argue, however, ignores what Petitioner's business is. Petitioner's business is demonstrating products.