Colorado marketing independent contractor agreement template

Colorado Marketing Independent Contractor Agreement

This Colorado Marketing Independent Contractor Agreement (the “Agreement”) is made and entered into as of [Date] by and between:

[Client Full Legal Name], with a business address at [Client Business Address], email address [Client Email Address], and phone number [Client Phone Number] (hereinafter referred to as “Client”),

and

[Contractor Full Legal Name], with a business address at [Contractor Business Address], email address [Contractor Email Address], and phone number [Contractor Phone Number] (hereinafter referred to as “Contractor”).

1. Scope of Services

The Contractor agrees to provide the following marketing services to the Client (the “Services”):

Option A: [Description of Marketing Services, e.g., Digital Marketing, Social Media Management]

Option B: [Alternative Description of Marketing Services]

Specific deliverables for each Service include, but are not limited to:

[List of Deliverables, e.g., Minimum Ad Spend, Campaign KPIs, Content Production Quotas]

Project milestones, review procedures, progress meeting frequency, and required documentation are detailed in Exhibit A.

2. Work Arrangement

Option A: The Services will be performed at the Contractor’s office.

Option B: The Services will be performed at the Client’s site.

Option C: The Services will be performed remotely.

The Client will provide the following equipment, software, and platform access:

[List of Equipment, Software, and Platform Access Provided by Client]

Contractor shall comply with Client’s data security and consumer privacy policies, including compliance with the Colorado Privacy Act.

3. Compensation

The Client shall compensate the Contractor as follows:

Option A: Hourly rate of [Dollar Amount] per hour.

Option B: Retainer of [Dollar Amount] per month.

Option C: Per project fee of [Dollar Amount] per project.

Expense reimbursement policy:

Option A: Contractor will be reimbursed for pre-approved expenses. [Specify types of expenses, e.g., Local Advertising, Travel]. Requires receipts.

Option B: Expenses are included in the project fee.

Invoices shall be submitted [Frequency, e.g., Monthly] and payments are due within [Number] days of invoice receipt.

Client will issue a 1099 to contractor at year-end.

Late payments shall accrue interest at a rate of [Percentage]% per month, or the maximum rate allowed by Colorado law, whichever is lower.

4. Ownership and Intellectual Property

All work product, creative materials, data, and intellectual property created as a result of the Services shall be the sole and exclusive property of the Client upon payment.

Contractor assigns all copyright, trademarks, and other IP rights to the Client.

Licensing of pre-existing materials shall comply with Colorado law.

5. Confidentiality

The Contractor agrees to hold all Confidential Information of the Client in strict confidence and not to disclose such information to any third party. “Confidential Information” includes, but is not limited to, campaign statistics, client lists, marketing strategies, and non-public business plans. The confidentiality requirements adhere to Colorado law on trade secrets and business data.

6. Independent Contractor Status

The Contractor is an independent contractor and not an employee, partner, or agent of the Client. The Contractor is responsible for all self-employment taxes, and for obtaining all required state and local business licenses in Colorado. The Contractor must comply with all Colorado Department of Revenue and Secretary of State requirements.

7. Subcontracting and Assignability

Option A: The Contractor shall not subcontract any of the Services without the prior written consent of the Client.

Option B: The Contractor may subcontract with the following pre-approved subcontractors: [List of Pre-Approved Subcontractors].

This Agreement is not assignable by either party without the prior written consent of the other party.

8. Indemnification and Liability

The Contractor shall indemnify and hold harmless the Client from and against any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with the Contractor's breach of this Agreement, negligence, or willful misconduct. Liability is subject to Colorado’s comparative negligence rules.

9. Term and Termination

This Agreement shall commence on [Start Date] and shall continue until [End Date], unless sooner terminated as provided herein.

Option A: Either party may terminate this Agreement upon [Number] days written notice to the other party.

Option B: The Client may terminate this Agreement immediately for breach or unsatisfactory performance by the Contractor.

Upon termination, the Contractor shall promptly return all Client property and deliver all work product to the Client. All final invoices are due within [Number] days of termination.

10. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.

Option A: Any dispute arising out of or relating to this Agreement shall be resolved through negotiation and mediation in [City, Colorado].

Option B: Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in [City, Colorado] in accordance with the rules of the American Arbitration Association.

11. Non-Solicitation and Non-Competition

During the term of this Agreement and for a period of [Number] months following the termination of this Agreement, the Contractor shall not solicit any employees or clients of the Client within [Geography, e.g., Denver Metro Area]. This clause shall be interpreted in accordance with Colorado Non-Compete Agreement law (C.R.S. § 8-2-113).

12. Representations and Warranties

The Contractor represents and warrants that:

All creative materials are original and do not infringe on the rights of any third party.

All Services will be performed in compliance with all applicable laws and regulations, including the CAN-SPAM Act and Colorado-specific digital marketing regulations.

All claims and data presented to clients or platforms are accurate and not misleading under the Colorado Consumer Protection Act.

13. Other Provisions

Conflict of Interest Disclosure: [Describe any potential conflicts of interest].

Insurance: Contractor shall maintain [Type of Insurance, e.g., General Liability] insurance with a minimum coverage of [Dollar Amount].

Records Retention: Contractor shall retain records related to the services performed under this agreement for [number] years to comply with Colorado regulations.

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

____________________________
[Client Full Legal Name]

____________________________
[Contractor Full Legal Name]