A delivery person is considered an independent contractor for all purposes, and not an employee of a delivery network company in any manner, if:
(1) the company does not:
(A) prescribe the specific hours during which the delivery person is required to be logged in to the company's digital network;
(B) impose restrictions on the delivery person's ability to use other delivery network companies' digital networks;
(C) prescribe the territory within which the delivery person may provide deliveries; or
(D) restrict the delivery person from engaging in another occupation or business; and
(2) the company and the delivery person agree in writing that the delivery person is an independent contractor.