Alaska design independent contractor agreement template

Alaska Design Independent Contractor Agreement

This Alaska Design Independent Contractor Agreement (the “Agreement”) is made and effective as of [Date], by and between:

• [Client Name], residing at [Client Address], and whose primary email address is [Client Email] and phone number is [Client Phone] (hereinafter referred to as "Client"), and
• [Contractor Name], residing at [Contractor Address], and whose primary email address is [Contractor Email] and phone number is [Contractor Phone] (hereinafter referred to as "Contractor"). If the Contractor is a business entity, its legal name is [Contractor Business Name], and its business address is [Contractor Business Address].

Services

• Option A: Contractor agrees to provide the following design services to Client: [Description of Design Services].
• Option B: The scope of services will be further defined in individual project briefs agreed upon by both parties.
  • Each project brief will detail the specific deliverables, timelines, and acceptance criteria.
• Specifically, these services include (but are not limited to):
  • [Specific Deliverable 1, e.g., Logo Design]: Deliverables: [File types, print specs], Licensing: [Exclusive/Non-Exclusive], Revisions: [Number of Rounds]
  • [Specific Deliverable 2, e.g., Website Design]: Deliverables: [File types, print specs], Licensing: [Exclusive/Non-Exclusive], Revisions: [Number of Rounds]

Project Milestones & Deadlines

• Option A: The project will adhere to the following milestones and deadlines:
  • Milestone 1: [Milestone Description], Deadline: [Date]
  • Milestone 2: [Milestone Description], Deadline: [Date]
• Option B: A detailed project schedule will be provided upon execution of each individual project brief (if applicable).
• Acceptance/Rejection Criteria: Deliverables will be evaluated based on:
  • [Design Standards]
  • [Client Specifications]

Work Location & Travel

• Option A: The primary work location will be the Contractor's premises.
• Option B: The primary work location will be remote.
• Option C: The Contractor may be required to visit the Client's site located at [Client Site Address].
  • Travel obligations: [Description of Travel Obligations], including frequency and estimated expenses.
• Contingency Plan: In the event of severe weather or natural disasters impacting travel within Alaska, the Contractor and Client will communicate to adjust deadlines.

Payment

• Option A: Fixed Fee: The Client shall pay the Contractor a fixed fee of [Dollar Amount] for the complete project.
• Option B: Hourly Rate: The Client shall pay the Contractor at an hourly rate of [Dollar Amount] per hour.
• Option C: Milestone-Based: Payments will be made upon completion of the following milestones:
  • Milestone 1: [Dollar Amount]
  • Milestone 2: [Dollar Amount]
• Reimbursable Expenses: The following expenses are reimbursable: [List of Reimbursable Expenses, e.g., travel to rural locations, unique materials].
  • All expenses require pre-approval by the Client.
• Invoicing: The Contractor shall submit invoices [Frequency, e.g., monthly].
• Payment Terms: The Client shall pay the invoice within [Number] days of receipt.
• Late Payment Penalty: Late payments will incur a penalty of [Percentage] per month.
• Taxes: The Contractor is responsible for all applicable taxes, including Alaska business license requirements, if applicable.

Ownership, Intellectual Property & Licensing

• Option A: Exclusive Rights: All rights, title, and interest in and to the design work shall be exclusively owned by the Client.
• Option B: Non-Exclusive Rights: The Client shall have a non-exclusive license to use the design work.
• Contractor's Portfolio: The Contractor retains the right to display the design work in their portfolio and for award submissions.
• Pre-Existing IP: The Contractor retains ownership of any pre-existing intellectual property used in the design work.
• Work for Hire: It is [Intention] that the design work constitutes "work for hire" as defined under U.S. copyright law.

Confidentiality

• The Contractor shall maintain the confidentiality of all Client data, including proprietary Alaska business information and sensitive project data.
• The Contractor shall not disclose any confidential information to third parties without the Client's written consent.
• Upon termination of this Agreement, the Contractor shall return all confidential information to the Client.

Independent Contractor Status

• It is expressly understood and agreed that the Contractor is an independent contractor and not an employee of the Client.
• The Contractor is not entitled to any employee benefits, including unemployment, health insurance, or worker's compensation.
• The Contractor is responsible for all applicable taxes, licenses, and insurance, including professional liability insurance.

Credentials & Compliance

• The Contractor possesses the following relevant credentials: [List of Credentials, e.g., architect or engineer license, design certifications].
• The Contractor shall comply with all applicable Alaska building codes, environmental ordinances, and cultural resource laws.

Sub-Contracting

• Option A: Sub-contracting is permitted with the Client's prior written approval.
• Option B: Sub-contracting is not permitted.
  • If permitted, all subcontractors must be licensed in Alaska, if applicable.

Timely & Quality Delivery

• The Contractor shall deliver the design work in a timely and professional manner, adhering to industry standards for design integrity and Alaska-appropriate accessibility (including ADA compliance if public-facing).
• If deliverables are late or substandard, the Contractor shall provide reasonable remedies, such as revisions or refunds.

Client Cooperation

• The Client shall provide timely feedback, accurate information, and access to necessary materials and resources.

Force Majeure

• Neither party shall be liable for any failure to perform its obligations under this Agreement due to force majeure events, including infrastructure disruptions, severe weather, or natural disasters specific to Alaska.
• The affected party shall promptly notify the other party of the force majeure event and make reasonable efforts to mitigate its effects.

Intellectual Property Indemnification

• The Contractor shall indemnify and hold harmless the Client from any claims arising from the use of third-party assets sourced by the Contractor.
• The Contractor shall be liable for any damages resulting from design plagiarism, misappropriation of Native Alaskan cultural content, or IP infringement.

Termination

• Option A: This Agreement shall terminate on [Date].
• Option B: This Agreement shall terminate upon completion of the project.
• Either party may terminate this Agreement upon [Number] days' written notice.
  • Grounds for early termination: [List of Grounds, with/without cause]
• Upon termination, the Contractor shall deliver all completed and partially completed deliverables to the Client.
  • The Client shall pay the Contractor for all work performed up to the date of termination.

Dispute Resolution

• The parties shall attempt to resolve any disputes through negotiation.
• If negotiation fails, the parties shall submit the dispute to mediation/arbitration in [City, Alaska].
• This Agreement shall be governed by the laws of the State of Alaska.

Compliance

• The Contractor shall comply with all applicable Alaska anti-discrimination statutes, data privacy laws, environmental/resource protection statutes, and municipal ordinances.

General Provisions

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.
• Any amendment to this Agreement must be in writing and signed by both parties.
• All notices shall be sent to the addresses listed above.
• Electronic signatures are accepted.

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

[Client Signature]

[Client Printed Name]

[Contractor Signature]

[Contractor Printed Name]