INDEPENDENT CONTRACTORS’ AGREEMENT

by | Feb 28, 2022 | Samples legal papers

INDEPENDENT CONTRACTORS’ AGREEMENT

THIS INDEPENDENT CONTRACTORS’ AGREEMENT  (hereinafter, “this Agreement”), effective as of [DATE], is made and entered into by and between ROCKET CITY JUNK REMOVAL LLC of ADDRESS 464 Bass Circle NW, Ste G, Huntsville, AL 35801 (hereinafter “the Company”), and [NAME OF CONTRACTOR] of address [ADDRESS] (hereinafter, “the Contractor’’).

 

Whereas, the Company carries out the business of …………………; 

Whereas, the Contractor has agreed to provide services (“the services”), as an independent Contractor for the company, and

Whereas, the parties to this Agreement (‘‘the parties’’) wish to set forth the terms and conditions upon which such service will be provided to the company;

Now, therefore, in consideration of the foregoing premises, and of the mutual promises and covenants herein contained, the parties, intending to be legally bound, do hereby agree as follows:

 

  1. CONTRACTOR’S OBLIGATIONS
    1.1 The Company hereby appoints the Independent Contractor to render the agreed service. The Contractor shall commence performance of the Services on the date first signed below, and shall continue until completion of the Services unless this Agreement is sooner terminated by the terms as set forth herein.
    1.  Pursuant to this agreement, the contractor is responsible for submitting invoices on or not later than every 3rd and 18th day of the month. The invoice is to be included on the upcoming bill cycle. 
    2. The contractor must maintain business licensing and provide a copy as well as submit W-9
    3. The contractor shall be responsible for all expenses incurred while performing services under this Agreement unless otherwise agreed upon by the parties to this contract.

 

  • COMPANY’S OBLIGATIONS
  • In consideration for the services to be performed by the contractor, the Company agrees to pay the contractor under the terms of this Agreement.
  • The contactor is to be paid semi-monthly specifically on the 15th day of the month and the last day of the month unless otherwise agreed upon by the parties to this contract.

 

  1.  CONFIDENTIALITY
    1.  Confidential Information. For purposes of this Contract, “Confidential Information” shall mean information or material proprietary to a Party or designated as confidential by such Party (the “Disclosing Party”), as well as information about which a Party (the “Receiving Party”) obtains knowledge or access, through or as a result of this Contract (including information conceived, originated, discovered or developed in whole or in part by the contractor hereunder). Confidential Information does not include:
  1. a) Information that is or becomes publicly known without restriction and without breach of this Contract or that is generally employed by the trade at or after the time the Receiving Party first learns of such information;
  2. b) Generic information or knowledge which the Receiving Party would have learned in the course of similar employment or work elsewhere in the trade; 
  3. c) Information the Receiving Party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation; 
  4. d) information the Receiving Party rightfully knew prior to receiving such information from the Disclosing Party to the extent such knowledge was not subject to restrictions on further disclosure; or

 (e) Information the Receiving Party develops independent of any information originating from the Disclosing Party.

 

  1. Non-Disclosure. The Parties hereby agree that during the term hereof and at all times thereafter, and except as specifically permitted herein or in a separate writing signed by the Disclosing Party, the Receiving Party shall not use, commercialize or disclose Confidential Information to any person or entity. Upon termination, or at any time upon the request of the Disclosing Party, the Receiving Party shall return to the Disclosing Party all Confidential Information, including all notes, data, reference materials, sketches, drawings, memorandums, documentations and records which in any way incorporate Confidential Information.

 

  • NON-COMPETITION. 
    1. For the entire duration of this Agreement and for the time the Party’s Agreement with the Company has been terminated for any reason, the Contractor will not engage in any activity that poses unwarranted competition with the Company. 
    2. The Contractor also agrees NOT to engage in any activity for and with any of the Company’s competitors during the lifetime of the Agreement between the Contractor and the Company. 
    3. The Contractor acknowledges that they have been provided with the opportunity to negotiate this agreement, have had the opportunity to seek legal counsel before signing this agreement, and that the restrictions imposed are fair and necessary for the Company’s business interests. Finally, the Contractor agrees that these restrictions are reasonable and do not constitute a threat to their livelihood.
  2. Non-solicitation.

 During the term of the contract, and for a period of ………………immediately thereafter, you agree not to solicit any employee or independent contractor of the Company on behalf of any other business enterprise, nor shall you induce any employee or independent contractor associated with the Company to terminate or breach an employment, contractual or other relationship with the Company.  

 

 

  • TERMINATION

Either Party to this Agreement may terminate this Agreement upon a written notice of termination to the other Party. Unless otherwise mutually agreed to in writing, upon the termination of this Agreement, any arrangement for Services then in effect will immediately terminate. 

 

  1.  RELATIONSHIP OF THE PARTIES

Nothing contained in this Contract will be construed to create an employer and employee relationship between the Contractor and the Company. The Company and the contractor agree that the contractor is, and at all times during this Contract shall remain, an independent contractor.

  • INDEMNIFICATION

The contractor shall indemnify and hold the company harmless for any loss or liability arising from performing services under this agreement. 

 

  1. PAYMENT OF TAXES

The Contractor shall pay all taxes incurred while performing services under this Agreement including all applicable income taxes and, if Contractor is not a corporation, self-employment (Social Security) taxes. Upon demand, Contractor shall provide the Company with proof that such payments have been made.

 

  • DISPUTES

Except as otherwise specifically agreed in writing by the Contractor and the Company, any dispute relating to any rights and/ or obligations arising in this Agreement which is not resolved by the parties shall be adjudicated by any court of competent jurisdiction.

 

  • ENTIRETY

This contract represents the entire agreement between the two parties and supersedes any previous written or oral agreement. This agreement may be modified at any time, provided there is written consent of both the Company and the Contractor. 

 

  • SEVERABILITY

The parties agree that if any portion of this contract is found to be void or unenforceable, it shall be struck from the record and the remaining provisions will retain their full force and effect.

 

  • JURISDICTION

This contract shall be governed, interpreted, and construed in accordance with the laws of [STATE, PROVINCE OR TERRITORY].

 

In Witness Whereof, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:

 

___________________________________ ___________________________

Contractor’s Signature Date

 

___________________________________ ___________________________

Company Official Signature Date