INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Agreement (this “Agreement”) is made effective as of
________________ (‘Effective Date’) by and between
___________ (the “Client”), of _____,
_____, ______________________, and
___________ (the “Contractor”), of _____,
_____, and ______________________. In this
Agreement, the party who is contracting to receive the services shall be referred to as
“Client”, and the party who will be providing the services shall be referred to as
“Contractor.”
- DESCRIPTION OF SERVICES. The Contractor will provide the following
services (collectively, the “Services”): Minor and Major house repairs and
remodeling. - PAYMENT FOR SERVICES. The Client will reimburse a total fee of
_____ which will be reimbursed by a deposit of $ _
and the remainder of $ ___, paid after completion of services. The
payment will be made within 24 hours after completion of the work. - TERM/TERMINATION. A regular, ongoing relationship of indefinite term is
contemplated. The Client has no right to assign services to the Contractor other
than as specifically contemplated by this Agreement. However, the parties may
mutually agree that the Contractor shall perform other services for the Client,
pursuant to the terms of this Agreement.
The Contractor can terminate the agreement at any time so long as the Client
pays the Contractor. - RELATIONSHIP OF PARTIES. It is understood by the parties that the Contractor
is an independent contractor with respect to the Client, and not an employee or
partner of the Client. The Client will not provide fringe benefits, including health
insurance benefits, paid vacation, or any other employee benefit, for the benefit
of the Contractor.
It is contemplated that the relationship between the Contractor and the Client
shall be a non-exclusive one. The Contractor also performs services for other
organizations and/or individuals. The Client has no right to further inquire into the
Contractor’s other activities. - CLIENT’S CONTROL. The Client has no right or power to control or otherwise
interfere with the Contractor’s mode of effecting performance under this
Agreement. The Client’s only concern is the result of the Contractor’s work, and
not the means of accomplishing it. Except in extraordinary circumstances and
when necessary, the Contractor shall perform the Services without direct
supervision by the Client.
- PROFESSIONAL CAPACITY. The Contractor is a professional who uses his
own professional and business methods to perform services. The Contractor has
not and will not receive training from the Client regarding how to perform the
Services. - PERSONAL SERVICES NOT REQUIRED. The Contractor is not required to
render the Services personally and may employ others to perform the Services
on behalf of the Client without the Client’s knowledge or consent. If the
Contractor has assistants, it is the Contractor’s responsibility to hire them and to
provide materials for them. - EXPENSES PAID BY CONTRACTOR. The Contractor’s business and travel
expenses are to be paid by the Contractor and not by the Client. - CONFIDENTIALITY. Contractor may have had access to proprietary, private
and/or otherwise confidential information (“Confidential Information”) of the
Client. Confidential Information shall mean all non-public information which
constitutes, relates or refers to the operation of the business of the Client,
including without limitation, all financial, investment, operational, personnel,
sales, marketing, managerial and statistical information of the Client, and any
and all trade secrets, customer lists, or pricing information of the Client. The
nature of the information and the manner of disclosure are such that a
reasonable person would understand it to be confidential. The Contractor will not
at any time or in any manner, either directly or indirectly, use for the personal
benefit of the Contractor, or divulge, disclose, or communicate in any manner any
Confidential Information. The Contractor will protect such information and treat
the Confidential Information as strictly confidential. This provision shall continue
to be effective after the termination of this Agreement. Upon termination of this
Agreement, the Contractor will return to the Client all Confidential Information,
whether physical or electronic, and other items that were used, created, or
controlled by the Contractor during the term of this Agreement. This Agreement
is in compliance with the Defend Trade Secrets Act and provides civil or criminal
immunity to any individual for the disclosure of trade secrets: (i) made in
confidence to a federal, state, or local government official, or to an attorney when
the disclosure is to report suspected violations of the law; or (ii) in a complaint or
other document filed in a lawsuit if made under seal. - INJURIES. The Contractor acknowledges the Contractor’s obligation to obtain
appropriate insurance coverage for the benefit of the Contractor (and the
Contractor’s employees, if any). The Contractor waives any rights to recovery
from the Client for any injuries that the Contractor (and/or Contractor’s
employees) may sustain while performing services under this Agreement and
that are a result of the negligence of the Contractor or the Contractor’s
employees. Contractor will provide the Client with a certificate naming the Client
as an additional insured party.
- INDEMNIFICATION. The Contractor agrees to indemnify and hold harmless the
Client from all claims, losses, expenses, fees including attorney fees, costs, and
judgments that may be asserted against the Client that result from the acts or
omissions of the Contractor, the Contractor’s employees, if any, and the
Contractor’s agents. - NO RIGHT TO ACT AS AGENT. An “employer-employee” or “principal-agent”
relationship is not created merely because (1) the Client has or retains the right
to supervise or inspect the work as it progresses in order to ensure compliance
with the terms of the contract or (2) the Client has or retains the right to stop work
done improperly. The Contractor has no right to act as an agent for the Client
and has an obligation to notify any involved parties that it is not an agent of the
Client. - ENTIRE AGREEMENT. This Agreement constitutes the entire contract between
the parties. All terms and conditions contained in any other writings previously
executed by the parties regarding the matters contemplated herein shall be
deemed to be merged herein and superseded hereby. No modification of this
Agreement shall be deemed effective unless in writing and signed by the parties
hereto. - WAIVER OF BREACH. The waiver by the Client of a breach of any provision of
this Agreement by Contractor shall not operate or be construed as a waiver of
any subsequent breach by Contractor. - SEVERABILITY. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid
and enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed to be written, construed, and
enforced as so limited. - APPLICABLE LAW. This Agreement shall be governed by the laws of the State
of Texas.
IN WITNESS WHEREOF, the Parties agree to be bound as follows:
CLIENT
Name: ___________
Signature: ____________
Date: ___________
CONTRACTOR
Name: ___________
Signature: ____________
Date: ___________
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