Mike,
I’ll wait to hear what Robert says from his legal training, but I think my $400 per hour attorney would say that, if the individual is not an independent contractor but signs the agreement, that will not alter in any way his status as an employee. If a pig signs a document stating that he is a goat, he is still a pig, and the document would be tossed out in a court of law. That’s one of the reasons I only use reputable, licensed repairmen with insurance, and everyone else I treat as an employee (but bear in mind that I don’t use anyone except for a greeter on the property. I even use mowing companies with insurance instead of kids in the park). I also carry full workmen’s comp insurance, just for overkill, in case a workman lied about his insurance and forged a fake insurance certificate.