When FKS was in existence there was a thread that debated whether they were really a consortium of Indies or an agency. There is no question that Giselle acted as a booker in very similar fashion to James or Sammy. The fact that distinctions in the way some indies do business and the way agencies do business often blur is not exactly a news flash. The distinguishing feature is the good ole employee vs. independent contractor test. An employee is someone whose hours and rate of pay is established by who they are working for. An independent contractor decides how much to work, whom they will see, their rate of pay, whether they drive themselves to appointments or someone else does, etc. It's a CONTROL test which is exactly what it is under the law in Court when the issue of determining whether someone is an independent contractor or an employee for worker's compensation purposes.
I once saw an extremely popular MP girl who worked for a massage parlor but I technically considered her an Indy for several reasons: (1) she would do outcalls, unlike other girls at the MP, and this was allowed by the MP with the agency getting their room rate; (2) she drove herself to the outcalls; and although the MP booked the appointment, she directly negotiated the rate for the outcall, in other words, what she would get after the MP room fee; (3) she worked when she wanted to and not when the MP wanted her to, this being tolerated due to her popularity and demand for her services; (4) she picked and chose her clients and also picked and chose who got FS, me being one of the chosen ones, fortunately. The ultimate YMMV MP girl.
So there are no hard and fast rules, just categories, but in most cases it's pretty obvious with an Indy if she is a true indy or not. If her website has a bunch of restrictions or safety rules or rules of etiquette on it, they are coming from her, no "pimp" is going to restrict jackshit.
