General information
Category:
Contracts, agreements and general business
Hi,
> I'm about to extablish a consulting agreement for a 6 month full time
> contract witha client with a potential for at least one 6-mo extension.
> Where can I find a decent generic contract?
Chech this out :
INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Agreement ("Agreement") is made and effective
this [Date], by and between [Consultant] ("Consultant") and [Company]
("Company").
Now, therefore, Consultant and Company agree as follows:
1. Engagement.
Company hereby engages Consultant, and Consultant accepts engagement, to
provide to Company the following services:
[Description of Services]
2. Term.
Consultant shall provide services to Company pursuant to this Agreement for
a term commencing on [Term Start Date] and ending on [Term End Date].
3. Place of Work.
Consultant shall render services primarily at Consultant's offices, but
will, upon request, provide the services at Company offices or such other
places as reasonably requested by Company as appropriate for the
performance of particular services.
4. Time.
Consultant's daily schedule and hours worked under this Agreement on a
given day shall generally be subject to Consultant's discretion, provided
that Consultant and Company anticipate that Consultant shall work on
average [Expected Time Working] hours per week in the performance of
services pursuant to this Agreement. Company relies upon Consultant to
devote sufficient time as is reasonably necessary to fulfill the spirit and
purpose of this Agreement.
5. Payment.
Company shall pay Consultant [Pay Rate] for services performed pursuant to
this Agreement. Payment shall be made [Pay Schedule]. Consultant shall
bear all of Consultant's expenses incurred in the performance of this
Agreement.
6. Covenant Not to Compete.
During the term of this Agreement and for a period of [Time Period]
thereafter, Consultant shall not within [Restriction Area], directly or
indirectly, either for his own account, or as a partner, shareholder,
officer, director, employee, agent or otherwise; own, manage, operate,
control, be employed by, participate in, consult with, perform services
for, or otherwise be connected with any business the same as or similar to
the business conducted by Company. In the event any of the provisions of
this Section 6 are determined to be invalid by reason of their scope or
duration, this Section 6 shall be deemed modified to the extent required to
cure the invalidity. In the event of a breach, or a threatened breach, of
this Section 6, Company shall be entitled to obtain an injunction
restraining the commitments or continuance of the breach, as well as any
other legal or equitable remedies permitted by law.
7. Confidentiality.
During the term of this Agreement, and thereafter [Confidentiality Period],
Consultant shall not, without the prior written consent of Company,
disclose to anyone any Confidential Information. "Confidential
Information" for the purposes of this Agreement shall include Company's
proprietary and confidential information such as, but not limited to,
customer lists, business plans, marketing plans, financial information,
designs, drawing, specifications, models, software, source codes and object
codes. Confidential Information shall not include any information that:
A. is disclosed by Company without restriction;
B. becomes publicly available through no act of Consultant;
C. is rightfully received by Consultant from a third party.
8. Termination.
A. This Agreement may be terminated by Company as follows:
i. If Consultant is unable to provide the consulting services by reason of
temporary or permanent illness, disability, incapacity or death.
ii. Breach or default of any obligation of Consultant pursuant to Section
6, Covenant Not to Compete, or Section 7, Confidentiality, of this
Agreement.
iii. Breach or default by Consultant of any other material obligation in
this Agreement, which breach or default is not cured within five (5) days
of written notice from Company.
B. Consultant may terminate this Agreement as follows:
i. Breach or default of any material obligation of Company, which breach or
default is not cured within five (5) days of written notice from
Consultant.
ii. If Company files protection under the federal bankruptcy laws, or any
bankruptcy petition or petition for receiver is commenced by a third party
against Company, any of the foregoing of which remains undismissed for a
period of sixty (60) days.
9. Independent Contractor.
Consultant is and throughout this Agreement shall be an independent
contractor and not an employee, partner or agent of Company. Consultant
shall not be entitled to nor receive any benefit normally provided to
Company's employees such as, but not limited to, vacation payment,
retirement, health care or sick pay. Company shall not be responsible for
withholding income or other taxes from the payments made to Consultant.
Consultant shall be solely responsible for filing all returns and paying
any income, social security or other tax levied upon or determined with
respect to the payments made to Consultant pursuant to this Agreement.
10. Tools and Supplies.
Unless otherwise agreed to by Company in advance, Consultant shall be
solely responsible for procuring, paying for and maintaining any computer
equipment, software, paper, tools or supplies necessary or appropriate for
the performance of Consultant's services hereunder.
11. Controlling Law.
This Agreement shall be governed by and construed in accordance with the
laws of the State of [State of Governing Law].
12. Headings.
The headings in this Agreement are inserted for convenience only and shall
not be used to define, limit or describe the scope of this Agreement or any
of the obligations herein.
13. Final Agreement.
This Agreement constitutes the final understanding and agreement between
the parties with respect to the subject matter hereof and supersedes all
prior negotiations, understandings and agreements between the parties,
whether written or oral. This Agreement may be amended, supplemented or
changed only by an agreement in writing signed by both of the parties.
14. Notices.
Any notice required to be given or otherwise given pursuant to this
Agreement shall be in writing and shall be hand delivered, mailed by
certified mail, return receipt requested or sent by recognized overnight
courier service as follows:
If to Consultant:
[Consultant]
[Consultant's Address]
If to Company:
[Company]
[Company's Address]
15. Severability.
If any term of this Agreement is held by a court of competent jurisdiction
to be invalid or unenforceable, then this Agreement, including all of the
remaining terms, will remain in full force and effect as if such invalid or
unenforceable term had never been included.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of
the date first above written.
[Consultant] Signature Block [Company] Signature Block
[Consultant] Signature Block [Company] Signature Block
[Consultant] Signature Block [Company] Signature Block
[Consultant] Signature Block [Company] Signature Block
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