The Capacity/Independent contractor clause reiterates that the Caterer is hired as an independent contractor or consultant and not as an employee of the Customer. Note that disguising an employment relationship as an independent contractor in order to avoid having to pay employee benefits like holiday pay, pension, worker's compensation and income tax is illegal. A court may find that a work relationship is an employee/employer relationship if the person hired is closely supervised and directed by the hirer. An independent contractor usually provides a skilled service, is paid for a specific result, controls how the services are provided, is free to refuse additional work, and usually bears the cost of repairing faulty work. A court would take all these factors into consideration when deciding if a particular work relationship was a sham contracting arrangement.