Kansas consulting independent contractor agreement template
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How Kansas consulting independent contractor agreement Differ from Other States
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Kansas law places significant emphasis on the actual control possessed by the contractor when determining worker classification.
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Kansas requires independent contractors to register with the state and, in some industries, to obtain specific licenses or permits.
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Unlike some states, Kansas generally does not mandate written independent contractor agreements, but highly recommends them for clarity.
Frequently Asked Questions (FAQ)
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Q: Is a written consulting independent contractor agreement required in Kansas?
A: While not legally mandatory in Kansas, a written agreement is strongly recommended to define the business relationship.
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Q: Does Kansas require independent contractors to have business licenses?
A: Yes, independent contractors may need to register with the state and obtain specific licenses depending on the industry.
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Q: How does Kansas define an independent contractor versus an employee?
A: Kansas uses a control test, focusing on the level of control the client has over how the contractor performs their work.
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Kansas Consulting Independent Contractor Agreement
This Kansas Consulting Independent Contractor Agreement (the "Agreement") is made and effective as of [Date], by and between:- [Client Name], located at [Client Business Address], with phone number [Client Phone Number] and email address [Client Email Address] (hereinafter referred to as "Client"), and
- [Contractor Name], located at [Contractor Business Address], with phone number [Contractor Phone Number] and email address [Contractor Email Address] (hereinafter referred to as "Contractor").
Scope of Services
- Option A: Contractor shall provide the following consulting services to Client: [Detailed Description of Consulting Services, including scope of work, specific goals, expected outcomes, performance standards, KPIs or measurable milestones].
- Option B: Contractor shall provide consulting services as detailed in Exhibit A, attached hereto and incorporated by reference.
- Reporting Requirements: Contractor will provide reports to Client as follows: [Frequency, form, and deadlines for reporting].
Term and Termination
- Option A: This Agreement shall commence on [Start Date] and shall continue until [End Date].
- Option B: This Agreement shall commence on [Start Date] and shall continue until the completion of the services outlined in Section 1, unless terminated earlier as provided herein.
- Procedures for Extension: [Procedures for extending the agreement].
- Termination:
- Option A: Either party may terminate this Agreement upon [Number] days written notice to the other party.
- Option B: Client may terminate this Agreement immediately for cause, including but not limited to fraud, gross negligence, or legal non-compliance by the Contractor.
- Option C: This agreement may be terminated by mutual written agreement between the Client and Contractor.
- Final Fee Settlement: Upon termination, Client shall pay Contractor for all services performed up to the date of termination, subject to any applicable offsets or deductions.
- Handover of Materials: Upon termination, Contractor shall promptly return all Client property, work product, and confidential information to Client.
Place of Service Delivery
- Option A: Services shall be performed primarily at Client's location in Kansas at [Client Business Address].
- Option B: Services shall be performed remotely.
- Option C: Services shall be performed in a hybrid manner, with [Description of Onsite vs. Remote Work].
- Travel Expenses: [Specify policy for reimbursement of travel or other expenses, if any, in accordance with Kansas law].
Compensation
- Option A: Client shall pay Contractor at an hourly rate of [Dollar Amount] per hour.
- Option B: Client shall pay Contractor a flat fee of [Dollar Amount] for the completion of the services described in Section 1.
- Option C: Client shall pay Contractor a retainer of [Dollar Amount], paid [Frequency], plus additional fees as agreed upon.
- Payment Schedule: Contractor shall submit invoices to Client [Frequency of Invoicing]. Client shall pay invoices within [Number] days of receipt.
- Sales/Use Tax: Contractor is responsible for all applicable Kansas sales or use taxes and self-employment taxes, and for complying with all local business registration requirements.
- Disputed Invoices: If Client disputes an invoice, Client shall notify Contractor in writing within [Number] days of receipt. The parties will then work in good faith to resolve the dispute.
- Late Payment Fees: Late payments shall accrue interest at a rate of [Percentage]% per month, up to the maximum rate permitted by Kansas law.
Independent Contractor Status
Contractor is an independent contractor and not an employee, partner, joint venturer, or agent of Client. This Agreement does not create an employment relationship. Contractor is not entitled to any employee benefits from Client, including but not limited to Kansas unemployment or workers' compensation benefits. Contractor has full control over how the work is performed, including the right of substitution or assignment, subject to Client approval.Intellectual Property
- Option A: All work product, reports, inventions, software, or other outputs created by Contractor in connection with this Agreement shall be owned exclusively by Client.
- Option B: Contractor shall retain ownership of all intellectual property created in connection with this Agreement. Client shall have a [Description of License] to use the work product.
- Option C: Ownership of intellectual property shall be shared between Client and Contractor as follows: [Detailed Description of Shared Ownership].
- Confidentiality: Contractor shall protect Client's confidential business information in accordance with Kansas trade secret law.
Representations and Warranties
Contractor represents and warrants that Contractor is qualified and licensed (if applicable) to perform the services described in Section 1, is not restricted by any other contracts, and will comply with all relevant Kansas, federal, and industry regulations.Liability and Indemnification
Contractor shall indemnify and hold Client harmless from any and all claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising out of or relating to Contractor's breach of this Agreement, negligence, or willful misconduct, subject to the limitations prescribed by Kansas law.- Insurance: Contractor shall maintain [Description of Insurance Requirements, e.g., professional liability or general liability coverage] with coverage limits of [Dollar Amount].
Conflict of Interest, Non-Solicitation, and Non-Compete
- Conflict of Interest: Contractor shall promptly disclose to Client any potential conflicts of interest.
- Non-Solicitation: During the term of this Agreement and for a period of [Number] months following termination, Contractor shall not solicit, directly or indirectly, any employees or customers of Client.
- Non-Compete: [If applicable and enforceable under Kansas law: Description of non-compete restrictions, with precise geographic, temporal, and scope limitations].
Regulatory Compliance
Contractor shall comply with all applicable Kansas statutes and local ordinances, including but not limited to business licensing and sales tax registration requirements.Records Access, Audit Rights, and Document Return/Destruction
Client shall have the right to access and audit Contractor's records relating to the services performed under this Agreement. Upon termination of this Agreement, Contractor shall return or destroy all Client documents in accordance with Kansas legal standards and client's instructions.Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas. Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in [County Name] County, Kansas.- Dispute Resolution: The parties shall attempt to resolve any disputes through negotiation. If negotiation fails, the parties agree to participate in mediation in Kansas before resorting to litigation or arbitration.
Amendment and Waiver
This Agreement may be amended or waived only by a written instrument signed by both parties.Entire Agreement and Severability
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. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.Notice
All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered in person, sent by certified mail, or sent by email to the addresses set forth in the preamble of this Agreement.Counterpart Execution
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 shall be considered valid and binding.Contractor Certification
Contractor certifies that Contractor operates as an independent business, supported by Kansas Department of Revenue or Department of Labor guidelines, and that Contractor will comply with all applicable Kansas and federal tax laws.Special Considerations for Consulting
Contractor shall handle Client's data and information in compliance with all applicable Kansas laws and regulations, including [Examples: specific regulations based on industry, such as data breach notification laws]. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ____________________________ [Client Name] ____________________________ [Contractor Name]