Alabama marketing independent contractor agreement template

Alabama Marketing Independent Contractor Agreement

This Alabama Marketing Independent Contractor Agreement (the "Agreement") is made and entered into as of this [Date of Execution], by and between:

[Client Full Legal Name], with a principal place of business at [Client Address], hereinafter referred to as "Client,"

and

[Contractor Full Legal Name], with a principal place of business/residence at [Contractor Address], hereinafter referred to as "Contractor."

Client Contact Information:

Name: [Client Contact Person Name]

Phone: [Client Contact Person Phone Number]

Email: [Client Contact Person Email Address]

Contractor Contact Information:

Name: [Contractor Contact Person Name]

Phone: [Contractor Contact Person Phone Number]

Email: [Contractor Contact Person Email Address]

Independent Contractor Relationship

Option A: The parties intend that Contractor shall be an independent contractor and not Client’s employee, agent, partner, or joint venturer. Nothing in this Agreement shall be construed as creating an employment, agency, partnership, or joint venture relationship between Client and Contractor.

Option B: Contractor acknowledges that Contractor is solely responsible for the payment of all federal, state (including Alabama state income tax), and local taxes, self-employment taxes, and any required business licenses or registrations, including registration if operating under a trade name in Alabama.

Marketing Services

Option A: Scope of Services: Contractor shall provide the following marketing services to Client: [Detailed Description of Marketing Services, including, but not limited to, campaign strategy, digital marketing, social media management, content creation, web analytics, advertising placement, event promotions, or brand consulting].

Option B: Deliverables: Contractor shall deliver the following deliverables to Client: [Detailed List of Deliverables, including reports, analytics, creative assets, and completed campaigns].

Option C: Performance Standards: All services shall be performed in a professional and workmanlike manner, in accordance with industry standards, and to Client's reasonable satisfaction. All advertising must comply with all applicable truth-in-advertising laws in Alabama.

Option D: Specific Platforms/Channels: The marketing services will focus on the following platforms/channels: [List Specific Platforms/Channels].

Option E: Timelines: All services and deliverables will be provided according to the following timelines: [Detailed Timelines].

Option F: Reporting: Contractor shall provide Client with regular reports detailing the progress and results of the marketing services, according to the following schedule: [Reporting Schedule].

Option G: Performance Benchmarks: The success of the marketing services will be measured against the following benchmarks: [Specific Performance Benchmarks].

Option H: Periodic Review: Regular review meetings will be held to review performance and adjust strategy as necessary on [Specify Schedule, e.g., weekly, bi-weekly].

Service Location & Hours

Option A: Service Location: The services shall be performed:

On-site at Client’s Alabama premises located at: [Client Address].

Remotely.

Hybrid: [Describe Hybrid Arrangement].

Option B: Hours of Availability: Contractor shall be available during the following hours: [Specify Hours].

Option C: Meetings/Travel: Contractor shall attend on-site meetings at Client's Alabama location as reasonably requested. Reimbursement for approved business expenses, including Alabama travel expenses, will be made according to Client's expense reimbursement policy.

Fees and Payment

Option A: Fee Structure:

Hourly Rate: [Hourly Rate] per hour.

Project Basis: [Total Project Fee] for the entire project.

Retainer: [Monthly Retainer Fee] per month.

Commission Basis: [Commission Percentage]% of [Basis for Commission, e.g., ad spend, lead generation].

Option B: Payment Schedule: Contractor shall invoice Client [Payment Schedule, e.g., monthly, upon completion of milestones]. Payment is due [Number] days from the invoice date.

Option C: Invoicing Requirements: Invoices shall include [Required Information on Invoices].

Option D: Payment Methods: Client will pay Contractor via [Payment Methods, e.g., check, direct deposit].

Option E: Alabama Sales Tax: [If applicable, state the Alabama sales tax policy]. Contractor is responsible for remitting all applicable Alabama sales tax.

Option F: Late Fees: Late payments shall be subject to a late fee of [Late Fee Percentage]% per month, or the maximum amount allowed under Alabama law.

Intellectual Property

Option A: Ownership: All marketing materials, creative content, original data, and campaign assets created by Contractor for Client shall be the exclusive property of Client.

Option B: License: If Contractor uses pre-existing materials, Contractor grants Client a [Type of License, e.g., perpetual, irrevocable, non-exclusive] license to use such materials in connection with the marketing services.

Option C: Assignment: Contractor hereby assigns to Client all rights, title, and interest in and to the intellectual property created pursuant to this agreement.

Confidentiality

Option A: Confidential Information: Both parties agree to hold confidential all proprietary information, client lists, strategy documents, and trade secrets disclosed by the other party. This includes information protected under the Alabama Trade Secrets Act.

Option B: Non-Disclosure: Contractor shall not disclose any confidential information to any third party without Client's prior written consent.

Option C: Data Privacy: Contractor shall comply with all applicable data privacy laws in Alabama and shall take reasonable measures to protect the security of Client's data.

Compliance with Laws

Option A: Compliance: Contractor shall comply with all applicable advertising, data privacy, anti-spam, and consumer protection laws relevant in Alabama, including those relating to children's data if marketing to minors in Alabama. Contractor warrants that its marketing practices do not violate Alabama’s Deceptive Trade Practices Act.

Option B: Regulations: Contractor acknowledges it is solely responsible for staying up-to-date with all marketing-related regulation within the State of Alabama.

Insurance

Option A: Insurance Requirements: Contractor shall maintain, at its sole expense, the following insurance coverage:

Commercial General Liability Insurance: [Minimum Coverage Amount].

Errors and Omissions Insurance: [Minimum Coverage Amount].

Option B: Proof of Insurance: Contractor shall provide Client with certificates of insurance evidencing the required coverage.

Amendments

Option A: Amendments: Any changes to this Agreement must be in writing and signed by both parties.

Subcontracting

Option A: Subcontracting: Contractor shall not assign or subcontract any of its obligations under this Agreement without Client's prior written consent.

Option B: Subcontractor Compliance: Any subcontractors used by Contractor must comply with all terms of this Agreement and applicable Alabama employment classification standards.

Liability

Option A: Limitation of Liability: Contractor's liability for any breach of this Agreement shall be limited to the amount of fees paid by Client to Contractor under this Agreement.

Option B: Disclaimer: In no event shall Contractor be liable for any consequential damages arising out of or related to this Agreement.

Option C: Remedy: Client's sole remedy for Contractor's breach of this Agreement shall be [Specify Remedy, e.g., refund of fees, specific performance].

Non-Solicitation/Non-Compete (Optional)

Option A: Non-Solicitation: During the term of this Agreement and for a period of [Number] months following termination, Contractor shall not solicit any of Client's employees or customers in Alabama.

Option B: Non-Compete: During the term of this Agreement and for a period of [Number] months following termination, within a geographic area of [Specify Geographic Area in Alabama], Contractor shall not engage in any business that competes with Client's business, as it pertains to [Specific Marketing Services]. Contractor acknowledges that this restriction is reasonable and necessary to protect Client's legitimate business interests under Alabama law.

Option C: Alabama Law: Any non-compete provision herein shall be interpreted, construed, and enforced in accordance with the requirements and limitations of Alabama law.

Termination

Option A: Term: This Agreement shall commence on [Start Date] and shall continue for a term of [Duration], unless terminated earlier as provided herein.

Option B: Termination for Convenience: Either party may terminate this Agreement for convenience upon [Number] days written notice to the other party.

Option C: Termination for Cause: Client may terminate this Agreement immediately for cause if Contractor fails to perform the marketing services in accordance with the terms of this Agreement.

Option D: Final Payment: Upon termination, Client shall pay Contractor for all services performed up to the date of termination.

Option E: Return of Materials: Upon termination, Contractor shall return all confidential materials and work product to Client.

Option F: Access to Assets: Upon termination, Contractor shall provide Client with access to all unfinished campaign assets.

Dispute Resolution

Option A: Negotiation: The parties shall first attempt to resolve any disputes arising out of or related to this Agreement through good faith negotiation.

Option B: Mediation/Arbitration: If negotiation fails, the parties agree to submit the dispute to [Mediation or Arbitration] in [City, Alabama].

Option C: Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of laws principles.

Alabama Industry Regulations

Option A: Specific Regulations: Contractor acknowledges its responsibility to understand and comply with Alabama state regulations for marketing, including those related to truth in advertising and digital communications.

Indemnification

Option A: Indemnification: Contractor agrees to indemnify and hold harmless Client from and against any and all claims, damages, losses, and expenses arising out of or related to Contractor's performance of the marketing services, including but not limited to claims of copyright or trademark infringement, advertising compliance failures, or regulatory penalties.

Legal Counsel

Option A: Legal Advice: Both parties acknowledge that they have had the opportunity to seek legal counsel regarding this Agreement.

Electronic Signature

Option A: Electronic Signature: This agreement may be executed and delivered electronically and the parties agree that electronic signatures shall have the same force and effect as original signatures pursuant to Alabama’s Uniform Electronic Transactions Act.

Survival

Option A: Survival: The provisions regarding confidentiality, intellectual property, dispute resolution, and indemnification shall survive termination of this Agreement.

Entire Agreement

Option A: Entire Agreement: This Agreement, including any attached appendices (e.g., service statements, delivery timelines, pricing tables), constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral. This provision is intended to be consistent with Alabama law on contract integration.

Local Ordinances & State Licensing Compliance

Option A: Compliance: Contractor acknowledges its responsibility to remain informed and compliant with any local ordinances or state licensing that may be relevant to the specific Alabama counties or cities in which marketing services are delivered.

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

[Client Full Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]

[Contractor Full Legal Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Title: [Contractor Title]