Kansas creative independent contractor agreement template

Kansas Creative Independent Contractor Agreement

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

• [Client Legal Name], residing at [Client Address], with a Tax Identification Number of [Client Tax ID Number] (hereinafter referred to as "Client"), and
• [Contractor Legal Name], residing at [Contractor Address], with a Tax Identification Number of [Contractor Tax ID Number] (hereinafter referred to as "Contractor").

Both parties affirm they have the legal capacity to enter into contracts in Kansas.

1. Description of Services:

• Option A: The Contractor shall provide the following creative services to the Client: [Detailed description of services, e.g., graphic design services including logo design, website mockups, and marketing materials, specifying file formats, resolution, and revision cycles].
• Option B: The Contractor shall provide the services as detailed in Exhibit A, attached hereto and incorporated by reference.
• Deliverables: [List of specific deliverables, e.g., Final logo design in vector format, website mockups in PSD format, print-ready marketing materials].
• Quality Standards: All deliverables must meet professional industry standards and be of a quality acceptable to the Client, as determined by [Client's designated representative].
• Timeline: The Contractor shall complete the services within [Number] days/weeks/months from the Effective Date of this Agreement.
• Revisions: The Client shall be entitled to [Number] rounds of revisions for each deliverable.
• Approval Process: All deliverables must be approved by the Client in writing within [Number] days of submission by the Contractor.

2. Project Milestones and Deadlines:

• Milestone 1: [Description of Milestone 1, e.g., Initial concept sketches]. Deadline: [Date].
• Milestone 2: [Description of Milestone 2, e.g., First draft of website mockup]. Deadline: [Date].
• Milestone 3: [Description of Milestone 3, e.g., Final logo design]. Deadline: [Date].
• Progress Reporting: The Contractor shall provide the Client with written progress reports every [Number] days/weeks.
• Communication Frequency: The Contractor shall be available for phone calls or video conferences with the Client at least [Number] times per week.

3. Location of Work and Materials:

• Option A: The Contractor shall perform the services at the Contractor's premises.
• Option B: The Contractor shall perform the services at the Client's site located at [Client's Site Address].
• Client-Provided Materials: The Client shall provide the Contractor with the following materials: [List of materials, e.g., brand guidelines, website content, product photos].
• Access Requirements: The Contractor requires access to [Specific access requirements, e.g., Client's FTP server, design software].
• Care of Client Property: The Contractor shall exercise reasonable care in handling all Client property and shall return all such property to the Client upon termination of this Agreement.

4. Fees and Payment:

• Option A: Flat Fee: The Client shall pay the Contractor a flat fee of [Dollar Amount] for the services.
• Option B: Hourly Rate: The Client shall pay the Contractor an hourly rate of [Dollar Amount].
• Option C: Milestone-Based Payment:
  • Milestone 1 Payment: [Dollar Amount].
  • Milestone 2 Payment: [Dollar Amount].
  • Milestone 3 Payment: [Dollar Amount].
• Invoicing Procedures: The Contractor shall submit invoices to the Client on [Date/Frequency, e.g., the 1st and 15th of each month].
• Invoice Details: Each invoice shall include the date, invoice number, a detailed description of services provided, and the total amount due.
• Payment Method: Payments shall be made by [Payment Method, e.g., check, electronic transfer].
• Payment Terms: Payment is due within [Number] days of receipt of invoice (Net [Number]).
• Late Payment Interest: Late payments shall accrue interest at the highest rate permitted under Kansas law, which is currently [Percentage]% per annum.

5. Taxes:

The Contractor is responsible for all federal, state, and local taxes, including self-employment tax, arising out of payments made to the Contractor under this Agreement. The Contractor is solely responsible for obtaining and maintaining all required Kansas business registrations and licenses.

Sales Tax: [Specify whether sales tax is applicable and who is responsible for collecting and remitting it, considering Kansas sales tax laws regarding creative services].

6. Expenses:

• Reimbursement: The Client shall reimburse the Contractor for pre-approved reasonable expenses incurred in connection with the services, up to a maximum of [Dollar Amount].
• Allowable Expenses: Allowable expenses include [List of allowable expenses, e.g., travel, software licenses, stock photos].
• Documentation: The Contractor shall provide the Client with receipts and documentation for all expenses.

7. Intellectual Property:

• Option A: Work Made for Hire: All deliverables and intellectual property created by the Contractor under this Agreement shall be considered "work made for hire" and shall be owned exclusively by the Client.
• Option B: Ownership and Licensing: The Contractor retains ownership of the intellectual property, but grants the Client a [Type of license, e.g., perpetual, non-exclusive] license to use the deliverables for [Specific uses, e.g., marketing, website, internal use].
• Attribution: The Client shall [Include or exclude requirement] provide attribution to the Contractor for the work.
• Moral Rights: To the extent permitted by law, the Contractor waives any moral rights in the deliverables.

8. Confidentiality:

The Contractor shall keep confidential all Client information, including [List of confidential information, e.g., business strategies, client data, creative concepts], and shall not disclose such information to any third party.

Compliance: The Contractor shall comply with all applicable federal and Kansas privacy, trade secrets, and data protection statutes.

9. Independent Contractor Status:

The Contractor is an independent contractor and not an employee of the Client. This Agreement shall not be construed to create a partnership, joint venture, or agency relationship between the parties. The Contractor is responsible for all their own tax filings, insurance, and benefits, and is not covered by the Client's workers' compensation or unemployment insurance in Kansas.

The Contractor controls the manner and means of performing the services and is free to perform services for others.

10. Warranties:

The Contractor warrants that the deliverables shall be original, non-infringing, and meet all contractual specifications, and shall not violate the intellectual property rights of any third party.

11. Dispute Resolution:

• Negotiation: The parties shall first attempt to resolve any dispute arising out of or relating to this Agreement through good faith negotiation.
• Mediation/Arbitration: If negotiation fails, the parties shall submit the dispute to [Mediation or Arbitration] in [City, Kansas].
• Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas. The venue for any legal action shall be in the state and federal courts located in [County, Kansas].

12. Insurance:

The Contractor shall maintain [Type of insurance, e.g., professional liability, general liability] insurance with minimum coverage limits of [Dollar Amount].

13. Termination:

• This Agreement may be terminated by either party upon [Number] days written notice to the other party.
• Termination for Breach: Either party may terminate this Agreement immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within [Number] days after written notice thereof.
• Obligations Upon Termination: Upon termination, the Contractor shall deliver all deliverables and materials to the Client and shall be entitled to payment for all services performed up to the date of termination.

14. Acceptance of Deliverables:

• The Client shall have [Number] days to accept or reject deliverables.
• Rejection: If the Client rejects a deliverable, the Client shall provide the Contractor with a written explanation of the reasons for rejection.
• Correction Period: The Contractor shall have [Number] days to correct the deficiencies and resubmit the deliverable.

15. Change Orders:

Any changes to the scope of services must be documented in a written change order signed by both parties.

Change Order Impact: Change orders may impact the project timeline and cost.

16. Non-Solicitation/Non-Circumvention:

During the term of this Agreement and for a period of [Number] months/years thereafter, the Contractor shall not solicit or attempt to solicit any of the Client's employees or clients.

17. Compliance with Laws:

The Contractor shall comply with all applicable Kansas industry regulations, business licensing requirements, and advertising laws.

18. Notices:

All notices under this Agreement shall be in writing and delivered by [Delivery method, e.g., certified mail, email].

19. Assignment:

The Contractor shall not assign this Agreement or delegate any of its obligations hereunder without the prior written consent of the Client.

20. Severability:

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

21. Force Majeure:

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement to the extent that such delay or failure is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, or governmental regulations specific to Kansas or affecting operations within the state.

22. Entire Agreement:

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

23. Amendment:

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

24. Counterparts/Electronic Signatures:

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 valid and binding under the Kansas Uniform Electronic Transactions Act.

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

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[Client Legal Name]

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[Client Printed Name]

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[Contractor Legal Name]

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[Contractor Printed Name]