Arkansas creative independent contractor agreement template

Arkansas Creative Independent Contractor Agreement

This Creative Independent Contractor Agreement ("Agreement") is made and entered into as of this [Date] by and between:

• [Client Company Name], a [State] [Entity Type, e.g., Corporation] with its principal place of business at [Client Address] ("Client"), and
• [Contractor Name], residing at [Contractor Address] ("Contractor").

1. Scope of Services

• The Contractor agrees to provide the following creative services to the Client: [Description of Services, e.g., graphic design services, including logo design, branding, and marketing materials].
• Deliverables:
  • Option A: The Contractor shall deliver the following specific deliverables: [List of Deliverables, e.g., 3 logo concepts, a brand style guide, and 5 social media templates].
  • Option B: Deliverables will be determined on a project-by-project basis, as mutually agreed upon in writing between the Client and the Contractor.
• Project Scope:
  • Option A: The scope of this project includes: [Detailed Project Scope, e.g., design of marketing materials for the Client's new product launch, targeting millennials].
  • Option B: The project scope will be defined separately for each individual project undertaken as part of this Agreement.

2. Project Timeline

• The estimated start date for this project is [Start Date].
• The estimated completion date for this project is [Completion Date].
• Milestones:
  • Option A: Specific project milestones are as follows:
    • [Milestone 1, e.g., Initial Concept Presentation]: [Date]
    • [Milestone 2, e.g., First Draft Submission]: [Date]
    • [Milestone 3, e.g., Final Deliverable Submission]: [Date]
  • Option B: Milestones will be agreed upon in writing for each project.
• Revisions: The Contractor will provide [Number] rounds of revisions to the Client based on feedback.

3. Work Location

• Option A: The Contractor will perform the services remotely.
• Option B: The Contractor will perform the services at the Client's premises located at [Client Address].
• Option C: The Contractor will perform services at [Specific Location], as needed for the project.
• The Contractor is responsible for providing their own equipment, software, and workspace.

4. Payment Terms

• Option A: The Client shall pay the Contractor a fixed fee of [Dollar Amount] for the completion of the services described in Section 1.
• 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 following payment schedule:
  • [Percentage]% upon commencement of the project
  • [Percentage]% upon completion of Milestone 1
  • [Percentage]% upon final delivery of deliverables
• Invoices: The Contractor shall submit invoices to the Client on a [Frequency, e.g., monthly] basis.
• Payment is due within [Number] days of invoice receipt.
• Late Payment Penalty: A late payment fee of [Percentage]% per month will be applied to any overdue balance. All payments under this agreement are subject to Arkansas law.
• Reimbursement: Pre-approved expenses will be reimbursed within [Number] days of submission.
• Arkansas Sales/Use Tax: [Applicable/Not Applicable]. If applicable, the Contractor is responsible for collecting and remitting Arkansas sales/use tax.

5. Intellectual Property

• Option A: The Client shall own all right, title, and interest in and to all intellectual property created by the Contractor as part of this Agreement.
• Option B: The Contractor retains ownership of all intellectual property, but grants the Client a [Type of License, e.g., perpetual, non-exclusive] license to use the intellectual property.
• Moral Rights:
  • Option A: The Contractor waives all moral rights related to the deliverables.
  • Option B: The Contractor retains all moral rights related to the deliverables.
• Portfolio Usage: The Contractor may use the completed work for portfolio purposes, with the Client's prior written consent.

6. Client Obligations

• The Client shall provide timely feedback to the Contractor.
• The Client shall provide all necessary brand assets and approvals in a timely manner.
• The Client shall designate a point of contact for the project: [Contact Name].

7. Confidentiality

• The Contractor shall not disclose any confidential information of the Client to any third party.
• Confidential information includes, but is not limited to, [Examples of Confidential Information, e.g., business plans, financial information, customer lists].
• This section is governed by the Arkansas Uniform Trade Secrets Act.

8. Independent Contractor Status

• The Contractor is an independent contractor and not an employee of the Client.
• The Contractor is responsible for paying all self-employment taxes, including Social Security and Medicare.
• The Contractor is not entitled to any employee benefits.
• This Agreement shall be interpreted in accordance with Arkansas Code §§11-2-103 and related statutes.

9. Subcontracting

• The Contractor may not subcontract any of the services without the Client's prior written consent.
• The Contractor warrants that all subcontractors have waived or assigned IP rights as required under this agreement.

10. Liability and Indemnification

• The Contractor shall indemnify and hold harmless the Client from any and all claims, damages, and expenses arising out of the Contractor's negligence or breach of this Agreement.
• Arkansas limitations on punitive damages and proportionate fault apply.

11. Termination

• Option A: Either party may terminate this Agreement upon [Number] days written notice.
• Option B: The Client may terminate this Agreement immediately for cause, including, but not limited to, [Examples of Cause, e.g., breach of contract, failure to meet deadlines].
• Upon termination, the Contractor shall be paid for all services performed up to the date of termination.
• All client property must be returned upon termination.

12. Dispute Resolution

• Any disputes arising out of this Agreement shall be resolved through negotiation and mediation.
• If mediation fails, the dispute shall be resolved in the courts of [County Name] County, Arkansas.
• This Agreement shall be governed by the laws of the State of Arkansas.

13. Compliance

• The Contractor shall comply with all applicable federal, state, and local laws and regulations, including anti-discrimination and accessibility standards.
• The Contractor is responsible for any necessary professional licensing requirements in Arkansas.

14. Force Majeure

• Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to force majeure events, including natural disasters or changes in law.

15. Non-Solicitation

• During the term of this Agreement and for a period of [Number] months thereafter, the Contractor shall not solicit any employees or clients of the Client.

16. Modification

• This Agreement may only be modified in writing, signed by both parties.

17. Document Retention

• The Contractor shall maintain records related to this Agreement for a period of [Number] years.

18. Representations and Warranties

• The Contractor represents and warrants that all creative work is original and does not infringe upon the rights of any third party, and complies with U.S. and Arkansas laws.

19. Severability and Entire Agreement

• If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements, both oral and written.

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

[Client Company Name]

By: [Client Name]

Title: [Client Title]

[Contractor Name]

By: [Contractor Name]