Alaska creative independent contractor agreement template

Alaska Creative Independent Contractor Agreement

This Alaska Creative Independent Contractor Agreement ("Agreement") is made and effective as of [Date], by and between [Client Name], residing at [Client Address], with phone number [Client Phone Number] and email address [Client Email], hereinafter referred to as "Client," and [Contractor Name], residing at [Contractor Address], with phone number [Contractor Phone Number] and email address [Contractor Email], hereinafter referred to as "Contractor."

The Client desires to engage the Contractor to provide certain creative services, and the Contractor desires to provide such services, under the terms and conditions set forth in this Agreement.

• Project Title: [Project Title]
• Effective Date: [Effective Date]
• Client Name: [Client Full Legal Name] (Business Name, if applicable: [Client Business Name])
• Contractor Name: [Contractor Full Legal Name] (Business Name, if applicable: [Contractor Business Name])
• Client Address: [Client Mailing Address]
• Contractor Address: [Contractor Mailing Address]
• Client Phone Number: [Client Phone Number]
• Contractor Phone Number: [Contractor Phone Number]
• Client Email: [Client Email]
• Contractor Email: [Contractor Email]

1. Statement of Services

The Contractor shall provide the following creative services to the Client: [Detailed Description of Services, including creative processes, style guidelines, file requirements, technical standards, software/tools, revision expectations, quality benchmarks, and approval processes].

• Option A: Specific Services: [List Specific Creative Services] (e.g., Graphic Design, Photography, Video Production, Copywriting, Illustration)
• Option B: General Services: Creative services related to the [Project Title] as reasonably requested by the Client.

2. Project Milestones and Deliverables

The Contractor shall complete the services according to the following milestones and deliverables: [List of Project Milestones, Key Deliverables (including format, resolution, presentation method, copyright notice inclusion), Deadlines for each phase, and Final Delivery Requirements].

• Option A: Specific Deadlines: All deliverables must be submitted by [Date].
• Option B: Flexible Deadlines: Deadlines to be mutually agreed upon by the Client and Contractor based on project progress.

3. Work Location

The services will be performed: [Specify whether services are to be performed remotely, on-site at the Client’s Alaska location, or at another designated venue]. Client will [will/will not] provide access to company property, special environments, or digital platforms. Any travel will be reimbursed according to: [Description of travel reimbursement policies, if any].

• Option A: Remote Work: All services will be performed remotely by the Contractor.
• Option B: On-Site Work: Services will be performed at [Client's Address or Specific Location].
• Option C: Hybrid: Services will be performed both remotely and on-site as needed.

4. Materials and Equipment

The following party is responsible for providing the materials and equipment necessary for the completion of the services: [Specify which party supplies hardware, software licenses, props, or other resources].

• Option A: Contractor Responsibility: The Contractor is responsible for providing all necessary materials and equipment.
• Option B: Client Responsibility: The Client is responsible for providing all necessary materials and equipment.
• Option C: Shared Responsibility: The Contractor will provide [list of items], and the Client will provide [list of items].

5. Compensation

The Client shall pay the Contractor for the services as follows: [Specify fee structure (flat fee, per deliverable, hourly, milestone-based, or retainer), payment schedule, Alaska-specific invoicing requirements, acceptable payment methods, inclusion or exclusion of Alaska state or local taxes, and late payment penalties].

• Option A: Flat Fee: [Dollar Amount] for the entire project.
• Option B: Hourly Rate: [Dollar Amount] per hour, with a maximum of [Number] hours.
• Option C: Milestone Payments: [Describe payment schedule based on project milestones]

6. Expense Reimbursement

The Client shall reimburse the Contractor for pre-approved expenses as follows: [Specify requirements for pre-approval, documentation, and payment of specific creative industry costs such as equipment rentals, location fees, Alaska travel expenses, or specialized material procurement].

• Option A: No Reimbursement: No expenses will be reimbursed.
• Option B: Specific Reimbursement: The following expenses will be reimbursed: [List of Reimbursable Expenses].
• Option C: Itemized Reimbursement: All reasonable expenses will be reimbursed upon presentation of receipts.

7. Intellectual Property

Ownership and licensing of the work product shall be as follows: [Detail ownership or licensing (exclusive or non-exclusive) of the work product under Alaska law, transfer of copyright with reference to "work for hire" doctrine, moral rights waiver, permission for portfolio use, and any third-party content inclusion or licensing needs; include clear terms on pre-existing IP, background content, and derivative works].

• Option A: Client Ownership: All intellectual property rights shall belong to the Client.
• Option B: Contractor Ownership: All intellectual property rights shall belong to the Contractor.
• Option C: Licensing: The Client shall have a [Type of License, e.g., exclusive, non-exclusive] license to use the work product.

8. Confidentiality

The Contractor shall maintain the confidentiality of all non-public information related to the Client and the project: [Define confidentiality and non-disclosure obligations concerning all non-public project information, proprietary client data, and unpublished creative works, with additional requirements for safeguarding sensitive visual, audio, or literary content, and specify the duration of confidentiality].

• Option A: Standard Confidentiality: Contractor will not disclose any confidential information.
• Option B: Limited Disclosure: Contractor may disclose information to its subcontractors under confidentiality agreements.

9. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client: [Affirm there is no employment, partnership, or agency relationship; state that the contractor is responsible for all self-employment, income, and sales tax filings under Alaska and federal laws, pays own unemployment insurance and workers’ compensation if desired, and that the client will not withhold taxes or provide employee benefits].

• Option A: Standard Independent Contractor: Contractor operates independently and is responsible for all taxes and insurance.

10. Compliance

The Contractor shall comply with all applicable Alaska business licensing requirements, local permits, and the Alaska Human Rights Law: [Address compliance with Alaska business licensing requirements, required local permits, and ensure adherence to Alaska Human Rights Law for non-discrimination; address special insurance needs, such as general liability or errors and omissions].

• Option A: Full Compliance: Contractor is responsible for complying with all applicable laws and regulations.

11. Liability and Indemnification

The Contractor shall indemnify the Client from any claims arising from: [Specify liability and indemnification terms for intellectual property infringement, breach of client confidentiality, third-party claims regarding likeness or location rights, and missed deadlines, with Alaska statutory maximum liability caps and prohibition of unlawful indemnification waivers].

• Option A: Limited Indemnification: Contractor's liability is limited to the amount paid under this agreement.

12. Limitation of Liability

The Client shall not be liable for any damages caused by: [Provide explicit provisions for limitation of liability and exclusions, including responsibility for force majeure events specific to Alaska (unusual weather, natural disasters, limited access to remote sites); detail risk allocation for accidental loss or damage to creative materials en route or on-site].

• Option A: Standard Limitation: Client is not liable for consequential damages.

13. Revision Policy

The Client is entitled to: [Outline a clear revision policy, stating number of rounds included, criteria for client feedback, charges for additional changes, and a process for scope changes with written change order requirements].

• Option A: Limited Revisions: [Number] rounds of revisions are included.

14. Termination

This Agreement may be terminated as follows: [Specify natural expiration, for-cause termination, for-convenience termination, required Alaska-appropriate notice periods, early settlement calculations, return of client property and final handover of all work-in-progress up to termination date, and client rights to unfinished work].

• Option A: Termination for Cause: Either party may terminate for breach of this agreement.
• Option B: Termination for Convenience: Either party may terminate with [Number] days' written notice.

15. Dispute Resolution

Any disputes arising under this Agreement shall be resolved as follows: [Address dispute resolution with escalation steps: good faith negotiation, mediation by an Alaska-based neutral, followed by arbitration in Anchorage in accordance with Alaska Uniform Arbitration Act; designate Alaska state law as governing and Alaska Superior Court as exclusive venue for legal actions].

• Option A: Arbitration: All disputes will be resolved through binding arbitration in Anchorage, Alaska.

16. Non-Solicitation/Non-Competition

The Contractor agrees not to solicit the Client's employees or clients for a period of: [Specify non-solicitation/non-competition only to the extent permitted by Alaska law].

• Option A: No Restriction: There are no non-solicitation or non-competition restrictions.

17. Compliance with Laws

The Contractor shall comply with all applicable federal and Alaska laws: [Require compliance with federal copyright and trademark laws, industry-specific standards, and, if relevant, Film Office or Alaska Native Corporation requirements for community usage and cultural sensitivity].

• Option A: Standard Compliance: Contractor will comply with all applicable laws.

18. Records Maintenance

The Contractor shall maintain all project-related records for a period of: [Assign responsibility for all project-related records maintenance per Alaska state requirements, including retention period for contracts, tax documentation, and creative content, with consideration for digital archiving practices in the creative industry].

• Option A: Records to be maintained for [Number] years.

19. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement due to: [Incorporate a force majeure clause specific to Alaska's unique risks (e.g., earthquakes, extreme cold, supply chain limits), defining relief from liability for non-performance due to such events].

• Option A: Standard Force Majeure: Excludes liability for events beyond reasonable control.

20. Amendments

This Agreement may be amended only by: [Specify methods for contract amendments (in writing, signed by both parties), waiver requirements, assignment/transfer limitations, and any subcontractor approval processes relevant to creative collaborations].

• Option A: Written Amendment: All amendments must be in writing and signed by both parties.

21. Signatures

By signing below, both parties acknowledge they have read, understood, and agree to the terms of this Agreement: [Require signature lines for client and contractor, printed names, titles (if applicable), and date of signing, plus a statement confirming both parties’ legal authority to bind their respective businesses and representing compliance with all Alaska requirements for lawful contracting capacity].

• [Client Signature]
• [Client Printed Name]
• [Client Title (if applicable)]
• [Date]
• [Contractor Signature]
• [Contractor Printed Name]
• [Contractor Title (if applicable)]
• [Date]

22. Optional Clauses

The following clauses are optional and may be included as appropriate: [Include optional clauses for project publicity, crediting requirements (e.g., name/logo placement in delivered work), and social media or awards usage, as aligned with client confidentiality and creative industry norms].

• Option A: Project Publicity: Client may use the Contractor's work for promotional purposes with the Contractor's consent.