Georgia creative independent contractor agreement template

Georgia Creative Independent Contractor Agreement

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

• [Client Name], located at [Client Address], hereinafter referred to as "Client," and
• [Contractor Name], located at [Contractor Address], hereinafter referred to as "Contractor."

WHEREAS, Client desires to engage Contractor to provide certain creative services; and

WHEREAS, Contractor is willing to provide such creative services as an independent contractor.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Services

• Contractor agrees to provide the following creative services to Client: [Detailed Description of Creative Services]
  • Option A: Graphic Design – Including logo design, branding guidelines, marketing collateral (brochures, flyers, social media graphics).
  • Option B: Photography – Including on-location photo shoots, product photography, portrait photography.
  • Option C: Web Development – Including front-end development, back-end development, website maintenance.
• The specific scope of work is detailed in Exhibit A attached hereto (the “Scope of Work”).
• Contractor will use their best efforts to complete the services in a professional and timely manner in accordance with industry standards.

2. Term and Termination

• This Agreement shall commence on [Start Date] and shall continue until [End Date] or until the services are completed, whichever occurs earlier.
  • Option A: Project-Based - The agreement ends upon completion and acceptance of all deliverables specified in the Scope of Work.
  • Option B: Ongoing - The agreement continues until terminated by either party according to the termination clause.
• Either party may terminate this Agreement upon [Number] days written notice to the other party.
  • Option A: Termination for Convenience - Either party can terminate without cause with written notice.
  • Option B: Termination for Cause - Termination is only allowed for material breach of the agreement by the other party.
• Upon termination, Contractor shall be entitled to payment for all services performed up to the date of termination.

3. Compensation

• Client shall pay Contractor for the services provided as follows: [Payment Terms - e.g., Hourly Rate, Project Fee]
  • Option A: Hourly Rate - [Dollar Amount] per hour, billed in [Billing Increments] increments.
  • Option B: Project Fee - A fixed fee of [Dollar Amount] for the entire project.
• Invoices shall be submitted by Contractor to Client on a [Frequency - e.g., Weekly, Monthly] basis.
• Payment is due within [Number] days of receipt of invoice.
  • Option A: Net 30 - Payment due 30 days after invoice date.
  • Option B: Net 15 - Payment due 15 days after invoice date.
• Late payments shall accrue interest at a rate of [Percentage] per month, or the maximum rate allowed by Georgia law, whichever is lower.
• Contractor is responsible for all applicable Georgia sales taxes and self-employment taxes.

4. Independent Contractor Status

• Contractor is an independent contractor and not an employee, agent, or partner of Client.
• Client shall not be responsible for withholding any taxes from payments made to Contractor.
• Contractor is responsible for obtaining their own insurance, including health insurance and workers' compensation insurance (if applicable, and compliance with Georgia law requirements for exemption if applicable).

5. Intellectual Property

• The parties agree to the following regarding ownership of intellectual property: [Specify Ownership of IP - e.g., Work for Hire, Copyright Assignment, License Terms]
  • Option A: Work for Hire - All work created by the Contractor under this agreement is considered “work for hire” under U.S. Copyright law and becomes the property of the Client.
  • Option B: Copyright Assignment - Contractor assigns all rights, title, and interest in the copyright of the work created to the Client upon final payment.
  • Option C: License Grant - Contractor grants Client a [Type of License - e.g., Exclusive, Non-Exclusive], [Territory - e.g., Worldwide, Georgia only] license to use the work.
• Contractor retains the right to display the completed work in their portfolio with Client's prior written consent.
  • Option A: Portfolio Use - Contractor may use the work in their portfolio after [Number] months from the project's completion date.
  • Option B: Restrictions on Portfolio Use - Contractor agrees to not use the work in their portfolio if the Client requests in writing.

6. Confidentiality

• Contractor agrees to keep confidential all information disclosed by Client, including but not limited to client data, project materials, and business strategies.
• This obligation of confidentiality shall survive the termination of this Agreement.
• Contractor shall comply with the Georgia Uniform Trade Secrets Act.

7. Liability and Indemnification

• Contractor shall be liable for any damages caused by their negligence or willful misconduct.
• Client shall indemnify and hold Contractor harmless from any claims arising from Client's use of the work created by Contractor.
• Liability shall be limited to the amount of fees paid to Contractor under this Agreement.

8. Warranty

• Contractor warrants that the work created will be original and free from any infringement of third-party rights.
  • Option A: Standard Warranty - Work conforms to professional standards.
  • Option B: No Warranty - Work is provided "as is" with no express or implied warranty.
• Contractor will make reasonable efforts to correct any defects in the work.

9. Dispute Resolution

• Any disputes arising under this Agreement shall be resolved through mediation in [City, Georgia].
• If mediation is unsuccessful, the parties agree to binding arbitration in accordance with the rules of the American Arbitration Association.
  • Option A: Arbitration - Disputes are resolved by a neutral arbitrator.
  • Option B: Litigation - Disputes are resolved in a court of law in [County, Georgia].
• The prevailing party shall be entitled to recover their reasonable attorneys' fees and costs.

10. Governing Law

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

11. Notices

All notices under this Agreement shall be in writing and delivered to the addresses set forth above.

12. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

13. Amendment

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

14. Assignment

Neither party may assign this Agreement without the prior written consent of the other party.

15. Severability

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

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

[Client Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]

[Contractor Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Title: [Contractor Title]

Exhibit A: Scope of Work

[Detailed Description of Scope of Work, Deliverables, Timeline, and any other relevant information]