Connecticut creative independent contractor agreement template

Connecticut Creative Independent Contractor Agreement

This Creative 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], 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], and phone number [Contractor Phone Number] (hereinafter referred to as "Contractor").

1. Statement of Work

Option A: The Contractor shall provide the following creative services to the Client: [Detailed Description of Creative Services, including specific tasks, creative process, concept development, revision rounds, and required deliverables with defined technical specifications and file formats].

Option B: See Exhibit A attached hereto and incorporated by reference. (Exhibit A must include the elements detailed in Option A).

2. Timeline

Option A: The project timeline is as follows:

• Concept Approval: [Date]
• Draft Delivery 1: [Date]
• Client Feedback Due: [Date]
• Draft Delivery 2: [Date]
• Client Feedback Due: [Date]
• Final Delivery: [Date]

Option B: The timeline is specified in Exhibit B attached hereto and incorporated by reference. (Exhibit B must include key milestones and deadlines for client feedback).

3. Compensation

Option A: The Client shall pay the Contractor a total fee of [Dollar Amount] for the services described in Section 1.

• Payment shall be made as follows: [Payment Schedule: e.g., percentage upfront, payments upon milestones].
• Invoices shall be submitted to [Client Contact for Invoices] and are due within [Number] days of receipt.

Option B: The Client shall pay the Contractor at an hourly rate of [Dollar Amount] per hour.

• The Contractor will submit invoices on a [Frequency: e.g., bi-weekly, monthly] basis.
• Time sheets must be approved by [Client Contact for Time Sheet Approval].

Option C: The Client shall pay the Contractor a retainer fee of [Dollar Amount] per [Time Period: e.g., month, quarter].

• The retainer covers [Specific Services Covered by Retainer].
• Additional services beyond the scope of the retainer will be billed at [Hourly Rate/Project Rate].

Expense Reimbursement: The Client will reimburse the Contractor for pre-approved reasonable expenses incurred in connection with the performance of services, including but not limited to [List of Reimbursable Expenses: e.g., travel, materials, stock photos]. Contractor is responsible for all self-employment taxes. The Contractor acknowledges responsibility for state tax registration and estimated tax payments, and compliance with Connecticut law regarding sales tax as it applies to the creative services provided.

4. Intellectual Property

Option A: All intellectual property rights in the work created by the Contractor for the Client shall be owned by the Client. Contractor hereby assigns all rights, title, and interest in such intellectual property to the Client, subject to the Contractor's right to display the work in their portfolio for self-promotional purposes.

Option B: The Client shall have a non-exclusive license to use the work created by the Contractor for [Specific Uses]. All other intellectual property rights remain with the Contractor. This license is for the territory of [Territory] and duration of [Duration].

Option C: The Contractor retains ownership of all intellectual property rights in the work created for the Client, but grants the Client a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, distribute, and display the work for any purpose.

This agreement and any copyright assignment must comply with the federal Copyright Act and Connecticut common law where applicable. The Contractor retains the right to display the work in their portfolio for self-promotional purposes. The transfer of intellectual property is subject to the Connecticut Unfair Trade Practices Act.

5. Independent Contractor Relationship

The Contractor is an independent contractor and not an employee of the Client. The Contractor shall:

• Provide their own tools and workspace.
• Control their working hours.
• Be responsible for their own insurance, healthcare, and business registration with the Connecticut Secretary of the State (when required).
• Comply with all state and local occupational licensing requirements for their creative field.

6. Non-Exclusivity

The Contractor may perform services for other clients. However, the Contractor agrees not to work for any direct competitor of the Client during the term of this Agreement without the Client's prior written consent. This non-compete is limited to a radius of [Number] miles from [Client's Primary Business Location] and a period of [Number] months following the termination of this agreement. This restriction is subject to Connecticut’s restrictions on enforceability and timeframes for such clauses.

7. 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. This includes, but is not limited to, [List of Confidential Information: e.g., trade secrets, customer lists, financial information]. These provisions reflect Connecticut privacy laws.

8. Review and Acceptance

• The Client shall have [Number] days to review each deliverable submitted by the Contractor.
• If the Client is not satisfied with a deliverable, the Client shall notify the Contractor in writing within the review period, specifying the reasons for rejection.
• The Contractor shall have [Number] days to correct the deficiencies and resubmit the deliverable.
• The Contractor will provide a maximum of [Number] rounds of revisions. Additional revisions or change orders outside the original scope will be billed at [Rate].

9. Breach and Remedies

• In the event of a breach of this Agreement by the Contractor, the Client shall be entitled to [List of Remedies: e.g., specific performance, injunctive relief, damages].
• Specific to creative services, the Client may refuse late or unsatisfactory work, require the Contractor to correct deliverables, request a refund or replacement, and seek indemnification for IP infringement claims.
• The Contractor's liability shall be limited to [Dollar Amount], consistent with Connecticut law.

10. Termination

Option A: This Agreement may be terminated by either party upon [Number] days written notice.

Option B: The Client may terminate this Agreement immediately if the Contractor breaches any material provision of this Agreement.

Option C: This agreement shall automatically terminate on [Date].

Upon termination, the Contractor shall deliver to the Client all work product completed up to the date of termination, and the Client shall pay the Contractor for all services performed up to the date of termination. A force majeure clause referencing Connecticut standards will apply.

11. Dispute Resolution

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

• First, good faith negotiation between the parties.
• If negotiation fails, then mediation in Connecticut.
• If mediation fails, then binding arbitration in Connecticut, administered by [Arbitration Organization].

This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut. The exclusive jurisdiction and venue for any legal action arising out of or relating to this Agreement shall be in the state or federal courts located in Connecticut.

12. Compliance

The Contractor shall comply with all applicable Connecticut and municipal regulations affecting creative contractors.

13. Representations and Warranties

The Contractor represents and warrants that:

• The work created under this Agreement will be original.
• The work will not infringe on the intellectual property rights of any third party.
• The Contractor has the right to assign the IP to the client as outlined in this agreement.
• The Contractor is not misclassified as an independent contractor under Connecticut labor law.

14. Insurance

The Contractor shall maintain the following insurance coverage: [List of Required Insurance: e.g., general liability, professional liability].

15. Records Retention and Audit

The Contractor shall maintain accurate records of all time spent and expenses incurred in connection with the performance of services under this Agreement, in line with Connecticut Department of Revenue Services requirements.

16. Assignment and Subcontracting

The Contractor shall not assign or subcontract any of its rights or obligations under this Agreement without the prior written consent of the Client. This complies with Connecticut law.

17. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

18. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This clause is specific to Connecticut law.

19. Amendment

This Agreement may be amended only by a written instrument signed by both parties.

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

____________________________
[Client Full Legal Name]

____________________________
[Contractor Full Legal Name]