SECTION 1.
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This agreement is made effective as of _________________, by and between;
COMPANY (as listed below)
And
INDEPENDENT CONTRACTOR (as listed below)
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COMPANY
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NAME
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ADDRESS
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EMAIL
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CITY
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PHONE
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STATE
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ZIP CODE
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INDEPENDENT CONTRACTOR
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COMPANY NAME
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NAME
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ADDRESS
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EMAIL
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CITY
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PHONE
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STATE
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ZIP CODE
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SOCIAL SECURITY # OR EIN NUMBER
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In this agreement, the party who is contracting to receive services shall be referred to as "COMPANY", and the party who will be providing the services shall be referred as "INDEPENDENT CONTRACTOR" or by the name stated in Section 1.
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SECTION 2.
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DESCRIPTION OF SERVICES:
The "INDEPENDENT CONTRACTOR" is willing to provide services to "COMPANY" based on
his/her background and skills. "COMPANY" desires to have services provided by "INDEPENDENT CONTRACTOR". Therefore, the parties agree as follows:
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SECTION 3.
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PAYMENT FOR SERVICE
I, Independent Contractor, agree to perform services set forth to me by "COMPANY". In return I will be compensated the amount stated below. "COMPANY" will pay the stated "INDEPENDENT CONTRACTOR"
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YES/NO
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AMOUNT
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TYPE
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OTHER NOTES
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$ __ PER HR
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PER 10 HR DAY
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Overtime after 10 hrs, Doubletime after 12 hrs
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OR
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$ __ PER HR
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PER 8 HR DAY
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Overtime after 8 hrs, Doubletime after 12 hrs
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OR
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$ __
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PER JOB
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Flat rate, regardless of hours
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for services rendered. The "INDEPENDENT CONTRACTOR" must issue "COMPANY" an original invoice for services upon completion of services performed in accordance with this agreement. "COMPANY" standard payment terms are NET 15 days from receipt of Invoice, unless otherwise negotiated by written contract.
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SECTION 4.
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TERM / TERMINATION
This agreement shall automatically stay in effect for all contracted jobs between the parties unless otherwise revised or updated in writing by both parties.
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SECTION 5.
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RELATIONSHIP OF PARTIES
IT IS UNDERSTOOD BY ALL PARTIES THAT THE "INDEPENDENT CONTRACTOR" IS A TRUE INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE OF "COMPANY". THEREFORE "COMPANY" IS NOT RESPONSIBLE FOR CARRYING ANY WORKMAN'S COMPENSATION OR PROVISION OF FRINGE BENEFITS, SUCH AS HEALTH INSURANCE, PAID VACATION, HOLIDAY PAY, OR ANY OTHER EMPLOYEE BENEFITS OFFERED BY "COMPANY". "INDEPENDENT CONTRACTOR" IS REQUIRED TO CARRY WORKMAN'S
COMPENSATION AND LIABILITY INSURANCE AND NEEDS TO INDEMNIFY "COMPANY". IT IS ALSO UNDERSTOOD, IN THAT "COMPANY" WILL NOT IN ANYWAY BE RESPONSIBLE FOR PAYING ANY LOCAL, STATE, FEDERAL, OR OTHER TAXES FOR "INDEPENDENT CONTRACTOR". ANY AND ALL SUCH TAXES, INCOME, OR OTHERWISE, ARE THE SOLE BURDEN OF THE "INDEPENDENT CONTRACTOR".
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SECTION 6.
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NOTICES
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered upon delivery in person or deposited in the United States mail, (postage prepaid): addressed to address stated in section 1. If an address change should occur, applicable party will be held responsible for providing new information to "COMPANY".
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SECTION 7.
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COMPANY POLICIES
"INDEPENDENT CONTRACTOR" is representing "COMPANY" and will conduct him or herself in a professional manner and abide by "COMPANY" company policies and standards. At no time will "INDEPENDENT CONTRACTOR" solicit "COMPANY" clients for any services or products which he or she may directly or indirectly offer that are or are not being represented by "COMPANY".
"INDEPENDENT CONTRACTOR" will at no time use or be under the influence of illegal narcotics or consume use or be under the influence of alcoholic beverages while providing his or her services under "COMPANY". At all times, "INDEPENDENT CONTRACTOR" will handle and or operate any "COMPANY" equipment, or any equipment that "COMPANY" has contracted, rented, or is in control of with the utmost care and safety in mind. Any abusive or conscious negligence to equipment or "COMPANY" property, or equipment under the control of "COMPANY" could result in replacement or repair cost at the expense of the "INDEPENDENT CONTRACTOR".
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SECTION 8.
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INTELLECTUAL OWNERSHIP
All Designs, Concepts, Plots, Photos, and Paperwork remain the property of "COMPANY" unless written authorization is given. At no time can the "INDEPENDENT CONTRACTOR" take, use, or claim any rights, ownership, or use of any Designs, Concepts, Plots, Photos, or Paperwork in any way without the express written permission of "COMPANY". This includes, but not limited to: Internet, Print, Radio, Broadcast, or any Other media used to convey any part of the services that may or may not have been contracted for by the "INDEPENDENT CONTRACTOR".
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SECTION 9.
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ASSIGNMENT
"INDEPENDENT CONTRACTOR" obligations under this agreement may not be assigned or transferred to any other person, firm, or corporation without prior written consent of "COMPANY".
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SECTION 10.
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ENTIRE AGREEMENT
This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreement between parties.
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SECTION 11.
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AMENDMENT
This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
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SECTION 12.
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WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
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SECTION 13.
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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 of unenforceable, but that by limiting such provision it would become valid and enforceable, than such provision shall be deemed to be written, construed, and enforced as so limited.
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SECTION 14.
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APPLICABLE LAW
This agreement shall be governed by the laws of the state of
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> Insert state of applicable law here ...
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STATE
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SECTION 15.
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ARBITRATION LAW
Any dispute rising out of or under the terms of this agreement should/shall be submitted to binding Arbitration pursuant to the state law as listed in Section 14. The prevailing party shall be entitled to reasonable attorney/court fees and cost.
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SECTION 16.
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SIGNATURES OF ACCEPTANCE
I hereby acknowledge that I have read and understand all provisions of this agreement and will abide by all conditions as stated forth.
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INDEPENDENT CONTRACTOR
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SIGNATURE
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PRINT NAME
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DATE
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COMPANY
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SIGNATURE
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PRINT NAME
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DATE
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