Alabama creative independent contractor agreement template

Alabama Creative Independent Contractor Agreement

This Alabama Creative Independent Contractor Agreement (the “Agreement”) is made and entered into as of [Date] by and between:

• [Client Name], with a business address at [Client Business Address], email address [Client Email], and phone number [Client Phone Number] (hereinafter referred to as "Client"),
• and
• [Contractor Name], with a business address at [Contractor Business Address], email address [Contractor Email], and phone number [Contractor Phone Number] (hereinafter referred to as "Contractor").

Description of Services

• Option A: The Contractor shall provide the following creative services to the Client: [Detailed Description of Services, e.g., Graphic Design, Video Production, Content Creation, Marketing Collateral, Web Design, Artistic Performances]. This includes, but is not limited to, [Specific Project Scopes, Creative Processes, Required Revisions, Approval Stages, Formats of Final Deliverables, Aesthetic or Brand Guidelines].
• Option B: The Contractor shall provide creative services as described in Exhibit A attached hereto and incorporated by reference.

Term and Timeline

• Option A: This Agreement shall commence on [Start Date] and continue until [End Date].
• Option B: This Agreement shall commence on [Start Date] and continue until the completion of the Services, as defined in Section 1. Project Milestones include: [List of Project Milestones with Dates]. All dates and times referenced are Alabama Time Zone.

Location of Services

• Option A: The Services shall be performed remotely.
• Option B: The Services shall be performed on-site at [Client Location Address] in Alabama. The Contractor is responsible for transportation to and from the location.
• Option C: The Services will be performed both remotely and on-site, as required and agreed upon in writing in advance.

Compensation

• Option A: The Client shall pay the Contractor a flat fee of [Dollar Amount] for the Services.
• Option B: The Client shall pay the Contractor an hourly rate of [Dollar Amount] per hour.
• Option C: The Client shall pay the Contractor according to the payment schedule outlined in Exhibit B attached hereto and incorporated by reference. This may include a retainer fee of [Dollar Amount], with additional fees per deliverable or based on project phases.
• The Contractor shall submit invoices to the Client [Monthly/Bi-Weekly/Upon Completion of Milestone]. Payment is due within [Number] days of receipt of the invoice. All payments shall be made via [Payment Method, e.g., Check, ACH Transfer]. The Contractor is responsible for providing a W-9 form to the Client. The Contractor is responsible for collecting and remitting Alabama state sales/use taxes where applicable. Late payments shall accrue interest at a rate of [Percentage] per month, not to exceed the maximum rate allowed by Alabama law.

Intellectual Property

• Option A: All work product created by the Contractor under this Agreement shall be considered a "work made for hire" under U.S. copyright law, and all rights, title, and interest in and to such work product shall vest exclusively in the Client.
• Option B: The Contractor retains all rights, title, and interest in and to the work product. The Contractor grants to the Client a non-exclusive, perpetual, irrevocable license to use the work product for [Specific Uses].
• Option C: The Contractor assigns all rights, title and interest in and to the work product to the Client upon final payment for the Services.
• The Contractor warrants that all work product is original and does not infringe upon the intellectual property rights of any third party.

Confidentiality

The Contractor agrees to hold all confidential information of the Client, including but not limited to client lists, business strategies, and creative concepts, in strict confidence and not to disclose such information to any third party. This obligation shall survive the termination of this Agreement.

Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the parties. The Contractor is responsible for paying all applicable federal and Alabama income and self-employment taxes. The Contractor is not entitled to any employee benefits from the Client, including but not limited to health insurance, paid time off, or workers' compensation. Refer to Alabama Code § 27-7-23/24 regarding independent contractor status.

Liability

The Contractor shall be liable for any damages caused by their negligence or willful misconduct in the performance of the Services. The Client shall not be liable for any injuries sustained by the Contractor while performing the Services. The Contractor agrees to indemnify and hold the Client harmless from any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the Contractor's performance of the Services.

Subcontracting

• Option A: The Contractor shall not subcontract any portion of the Services without the prior written consent of the Client.
• Option B: The Contractor may subcontract portions of the Services, but the Contractor shall remain fully responsible for the performance of the Services and the acts and omissions of any subcontractors. The Contractor warrants that all subcontractors will adhere to all terms and conditions of this Agreement and comply with all applicable Alabama licensing laws for their respective trades.

Client Review and Acceptance

The Client shall have [Number] days to review each deliverable submitted by the Contractor. If the Client does not approve the deliverable, the Client shall provide the Contractor with specific feedback. The Contractor shall have [Number] days to revise the deliverable based on the Client's feedback. The Client is entitled to [Number] rounds of revisions per deliverable. Additional revisions may be subject to additional fees.

Termination

• Option A: Either party may terminate this Agreement upon [Number] days' written notice to the other party.
• Option B: The Client may terminate this Agreement immediately if the Contractor materially breaches this Agreement.
• Upon termination, the Contractor shall deliver to the Client all completed work product. The Client shall pay the Contractor for all Services performed up to the date of termination.

Records Retention and Audit

The Contractor shall maintain accurate and complete records of all work performed under this Agreement, including project files, source documents, and correspondence. The Contractor shall make such records available to the Client for inspection and audit upon reasonable request, in compliance with Alabama recordkeeping standards.

Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through good faith negotiation between the parties. If the parties are unable to resolve the dispute through negotiation, they shall submit the dispute to mediation in [City, Alabama]. If mediation is unsuccessful, the parties may pursue arbitration or litigation in the state courts of Alabama, applying Alabama law. This provision does not waive any rights under the Alabama Uniform Arbitration Act.

Alabama Contract Disclosures

[Include any mandatory Alabama contract disclosures, notices, or special signatures for creative services relationships, and comply with licensing/registration rules if the contractor uses “DBA” trade names or requires Alabama business licenses or privilege tax compliance. Tailor to specific situation and requirements.]

Representations and Warranties

The Contractor represents and warrants that they have the legal right to perform the Services in Alabama, that the work product is original and does not infringe upon the rights of any third party, and that the work product is free from any liens or encumbrances.

Insurance

The Contractor shall maintain [Type of Insurance, e.g., Professional Liability, General Liability, Errors and Omissions] insurance with a minimum coverage of [Dollar Amount]. The Contractor is responsible for the costs of this insurance. Proof of insurance must be provided to the Client upon request.

Amendment

This Agreement may be amended only by a written instrument signed by both parties.

Choice of Law and Severability

This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Non-Circumvention and Non-Solicitation

• Option A: The Contractor agrees not to circumvent the Client by directly contacting or soliciting any of the Client's customers or suppliers for a period of [Number] years following the termination of this Agreement. This clause is subject to Alabama's limitations on restrictive covenants.
• Option B: This clause is intentionally omitted.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Client Name]

By: [Client Signature]

Name: [Client Printed Name]

Date: [Date]

[Contractor Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Date: [Date]

Exhibit A: Detailed Description of Services (If applicable)

[Detailed description of services to be attached. If not applicable, state "Not Applicable"]

Exhibit B: Payment Schedule (If applicable)

[Detailed payment schedule to be attached. If not applicable, state "Not Applicable"]