Arkansas design independent contractor agreement template

Arkansas Design Independent Contractor Agreement

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

[Client Full Legal Name], residing at [Client Mailing Address], with email address [Client Email] and phone number [Client Phone Number] (the "Client"),

and

[Contractor Full Legal Name], residing at [Contractor Mailing Address], with email address [Contractor Email] and phone number [Contractor Phone Number] (the "Independent Contractor").

1. Scope of Services

The Independent Contractor agrees to provide the following design services (the “Services”):

Option A: Detailed Description of Services

• [Detailed description of graphic design, branding, illustration, web design, UI/UX design, interior design, or other specified design disciplines.]
• Including exact deliverables, scope of work, required materials and formats (such as native files, high-resolution images, or code).
• Specific brand or compliance guidelines the design must follow.
• Quality and creative standards.
• Review and approval processes.
• Number of permitted revisions.
• Milestone delivery dates and project schedules.
• Any client obligations to supply assets, guidance, or feedback within set timelines.

Option B: Summary Description with Attachment

• The Services are summarized as: [Brief Summary of Services]. The full details are outlined in Exhibit A, attached hereto and incorporated by reference.

2. Work Location

The Services shall be performed:

Option A: Remote

• Remotely from the Independent Contractor's studio.

Option B: Client Premises

• At the Client's premises located at [Client Address in Arkansas]. The Independent Contractor will adhere to all Client's reasonable security and safety policies.

Option C: Hybrid

• Partially at the Client's premises located at [Client Address in Arkansas] and partially remotely, as reasonably required and mutually agreed upon.

3. Compensation

The Client shall compensate the Independent Contractor as follows:

Option A: Hourly Rate

• At an hourly rate of [Hourly Rate] Arkansas dollars per hour.
• The Independent Contractor shall submit invoices detailing hours worked.

Option B: Flat Fee

• A flat fee of [Flat Fee] Arkansas dollars for the completion of the Services.

Option C: Milestone-Based

• According to the following milestone payment schedule:
  • Milestone 1: [Milestone Description] - [Payment Amount]
  • Milestone 2: [Milestone Description] - [Payment Amount]
  • Milestone 3: [Milestone Description] - [Payment Amount]

Option D: Retainer

• A monthly retainer of [Retainer Amount] Arkansas dollars, payable on the [Day of Month] of each month, for [Number] hours of service. Additional hours will be billed at [Hourly Rate] Arkansas dollars per hour.

All invoices must meet requirements as specified by the Arkansas Department of Finance and Administration.

Late payment will incur interest at the maximum rate permitted by Arkansas law.

4. Ownership of Work Product

Option A: Work Made for Hire

• All work product created by the Independent Contractor pursuant to this Agreement shall be considered "work made for hire" as defined under Arkansas law, and the Client shall own all right, title, and interest in and to such work product, including all intellectual property rights.

Option B: Assignment of Rights

• The Independent Contractor hereby assigns to the Client all right, title, and interest in and to all work product created pursuant to this Agreement, including all intellectual property rights.

Option C: Exceptions

• Notwithstanding the foregoing, the Independent Contractor retains the right to:
  • Include the work product in their portfolio.
  • Utilize stock resources under license, with the Client receiving a sub-license as necessary.

5. Confidentiality

The Independent Contractor agrees to hold all Confidential Information of the Client in strict confidence. "Confidential Information" includes, but is not limited to, pre-launch branding, trade secrets, and proprietary processes. This obligation shall survive the termination of this Agreement.

6. Independent Contractor Relationship

The parties agree that the Independent Contractor is an independent contractor and not an employee of the Client. The Independent Contractor is responsible for all self-employment taxes, income tax remittance, and any required business registrations (such as an Arkansas sales tax permit, if needed). The Independent Contractor is also responsible for their own insurance, including professional liability/errors and omissions insurance. This agreement shall be interpreted in accordance with Arkansas labor statutes.

7. Indemnification

The Independent Contractor agrees to indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the Independent Contractor's performance of the Services, including, but not limited to, copyright infringement, third-party IP violations, and professional negligence. The Client agrees to indemnify and hold harmless the Independent Contractor for their misuse of services or unlawful directions to the Independent Contractor.

8. Subcontracting

The Independent Contractor shall not subcontract any of the Services without the prior written consent of the Client. If subcontracting is permitted, the Independent Contractor shall ensure that any subcontractor is properly vetted and insured, as required by Arkansas law and/or Client policy.

9. Termination

Option A: Termination for Convenience

• Either party may terminate this Agreement for any reason upon [Number] days written notice to the other party.

Option B: Termination for Cause

• The Client may terminate this Agreement immediately if the Independent Contractor materially breaches this Agreement. The Independent Contractor may terminate this Agreement immediately if the Client fails to pay any undisputed amount due within [Number] days of the due date.

Upon termination, the Independent Contractor shall provide the Client with all partially completed artwork or files in a mutually agreed-upon format, and return or destroy all Client data. Ongoing confidentiality obligations survive termination.

10. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved as follows:

• First, the parties shall attempt to resolve the dispute through good-faith negotiation.
• If negotiation fails, the parties agree to submit the dispute to mediation/arbitration in [City, Arkansas] under Arkansas law.

11. Required Arkansas Contract Language

Option A: Consumer Disclosure

• If this Agreement involves business-to-consumer design services, the following consumer disclosure notices apply: [Insert relevant Arkansas-specific required contract language and consumer disclosure notices].

12. Technology and Data Security

The Independent Contractor shall comply with all applicable technology and data security standards, including obligations under the Arkansas Personal Information Protection Act if handling clients’ personal data.

13. General Provisions

• This Agreement may be amended only by a written instrument signed by both parties.
• This Agreement may not be assigned by either party without the prior written consent of the other party.
• This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures are accepted.

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

____________________________
[Client Full Legal Name]

____________________________
[Contractor Full Legal Name]