Kansas marketing independent contractor agreement template

Kansas Marketing Independent Contractor Agreement

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

[Client Company Name], a [Client Legal Entity Status, e.g., Kansas LLC] with a principal place of business at [Client Business Address], phone number [Client Phone Number], email address [Client Email Address], and if applicable, registered with the Kansas Secretary of State under ID number [Client State Registration ID] (hereinafter referred to as "Client"),

and

[Contractor Legal Name], a [Contractor Legal Entity Status, e.g., Sole Proprietorship] with a principal place of business at [Contractor Business Address], phone number [Contractor Phone Number], email address [Contractor Email Address], and if applicable, registered with the Kansas Secretary of State under ID number [Contractor State Registration ID] (hereinafter referred to as "Contractor").

Statement of Work

Option A: General Marketing Services. The Contractor agrees to perform the following marketing services for the Client: [Detailed description of general marketing services. E.g., developing and implementing marketing strategies, managing social media accounts, creating marketing materials, and conducting market research].

Option B: Specific Marketing Campaign. The Contractor agrees to design, execute, and manage a marketing campaign for [Specific Product/Service] according to the following specifications:

• Deliverables: [List of deliverables, e.g., ad creatives, landing pages, reports].
• Service Standards: [Describe service standards, e.g., response times, quality control].
• KPIs: [List key performance indicators, e.g., website traffic, lead generation].
• Timeline: [Project timeline with start and end dates and key milestones].
• Reporting: [Frequency and format of reports].
• Evaluation Criteria: [Criteria for evaluating campaign success].

Option C: Digital Marketing Services. The Contractor agrees to provide digital marketing services including, but not limited to:

• SEO (Search Engine Optimization)
• Social Media Management
• Paid Advertising
• Email Marketing
• Content Creation

Service Period

Option A: Fixed Term. This Agreement shall commence on [Start Date] and shall continue in full force and effect until [End Date].

Option B: Ongoing Term. This Agreement shall commence on [Start Date] and shall continue until terminated as provided herein.

• Renewal: This Agreement will automatically renew for successive [Number] month periods unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.

Modification of Work Scope: The scope of work may be modified upon written agreement of both parties. Any modifications must be documented in a written amendment to this agreement.

Work Location and Access

Option A: Remote Work. The Contractor shall perform the services remotely from a location of their choosing.

Option B: Client Site. The Contractor shall perform the services at the Client's premises located at [Client Business Address].

Option C: Hybrid. The Contractor shall perform the services both remotely and at the Client's premises as mutually agreed upon.

Client Access: The Contractor will require access to the following Client systems, platforms, or accounts: [List of systems, platforms, and accounts]. The Contractor agrees to maintain the confidentiality and security of all Client information and marketing assets in accordance with Kansas data privacy regulations and industry standards.

Payment Terms

Option A: Fixed Fee. The Client shall pay the Contractor a fixed fee of [Dollar Amount] for the services rendered.

Option B: Hourly Rate. The Client shall pay the Contractor at an hourly rate of [Dollar Amount] per hour for all hours worked.

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

Option D: Project-Based. The Client shall pay the Contractor [Dollar Amount] per project.

Option E: Performance-Based. The Client shall pay the Contractor based on the following performance metrics: [Describe performance metrics and payment structure].

Fee Calculation: Fees will be calculated based on [Describe Fee Calculation Method].

Invoicing: The Contractor shall submit invoices to the Client [Invoicing Schedule, e.g., monthly, bi-weekly].

Expenses: The Client shall reimburse the Contractor for pre-approved expenses, including [List of approved expenses, e.g., advertising spend, travel]. All expenses require prior written approval from Client.

Payment Method: Payments shall be made via [Payment Method, e.g., check, ACH transfer].

Due Date: Payments are due within [Number] days of receipt of invoice.

Kansas Sales Tax: The Contractor is responsible for collecting and remitting Kansas sales tax, if applicable, to the Kansas Department of Revenue.

Contractor Tax Responsibility: The Contractor is solely responsible for all income taxes, self-employment taxes, and other tax obligations arising from this Agreement and should obtain a W-9 form from Client.

Intellectual Property

Option A: Client Ownership. All campaign materials, creatives, content, and marketing data created by the Contractor for the Client shall be owned by the Client.

Option B: Licensing. The Contractor grants the Client a [Type of License, e.g., perpetual, non-exclusive] license to use the campaign materials, creatives, content, and marketing data created by the Contractor for the Client.

Pre-Existing IP: Any pre-existing intellectual property rights of either party shall remain the property of that party.

Confidentiality

The Contractor agrees to keep confidential all Client information, including but not limited to [List of confidential information, e.g., business plans, customer data, marketing strategies].

Duration: The obligation of confidentiality shall survive the termination of this Agreement for a period of [Number] years.

Kansas Data Privacy: The Contractor shall comply with all applicable Kansas consumer data privacy regulations and industry-specific requirements, including CAN-SPAM for email marketing.

Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. This Agreement does not create an employer-employee relationship under Kansas law.

The Contractor is responsible for their own income taxes, withholding, unemployment insurance, and workers' compensation insurance. The Client will not provide employee benefits or tax withholding. The Contractor acknowledges that they are operating an independent business and are responsible for compliance with all applicable Kansas laws and regulations related to independent contractors.

Non-Compete/Non-Solicitation (Optional - Consult with Attorney for Enforceability Under Kansas Law)

Option A: Non-Compete. During the term of this Agreement and for a period of [Number] months following termination, the Contractor shall not engage in any business that is directly competitive with the Client's business within [Geographic Area, e.g., Kansas City metropolitan area].

Option B: Non-Solicitation. During the term of this Agreement and for a period of [Number] months following termination, the Contractor shall not solicit any of the Client's employees or customers.

Enforceability: The parties acknowledge that the enforceability of any non-compete or non-solicitation clause under Kansas law is subject to certain limitations regarding scope, duration, and geographic reach.

Liability and Indemnification

Breach: The Contractor shall be liable for any breach of this Agreement, including but not limited to missed deadlines, substandard deliverables, violations of ad platform rules, FTC/Kansas consumer protection violations, misrepresentation, or data leaks.

Indemnification: The Contractor agrees to indemnify and hold harmless the Client from and against any and all claims, damages, losses, liabilities, and expenses (including attorney's fees) arising out of or relating to the Contractor's performance of services under this Agreement, including but not limited to claims of intellectual property infringement or regulatory violations caused by the Contractor's work.

Limits of Liability: Client shall not be liable for consequential damages or lost profits.

Insurance

The Contractor shall maintain the following insurance coverage:

• Professional Liability Insurance: [Minimum Coverage Amount]
• Cyber Insurance: [Minimum Coverage Amount] (if handling sensitive data)
• General Liability Insurance: [Minimum Coverage Amount] (if performing services at Client's premises)

Proof of Coverage: The Contractor shall provide the Client with proof of insurance coverage upon request.

Termination

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

Option B: Termination for Cause. The Client may terminate this Agreement immediately for cause, including but not limited to: [List of causes, e.g., breach of contract, failure to perform services, violation of confidentiality].

Termination Obligations: Upon termination of this Agreement, the Contractor shall:

• Handover all campaign passwords and access keys.
• Provide a final report outlining outstanding fees and work completed.
• Return or destroy all confidential materials.

Dispute Resolution

Negotiation: The parties shall first attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation.

Mediation: If negotiation fails, the parties shall attempt to resolve the dispute through mediation in [City, Kansas].

Arbitration: If mediation fails, the parties may agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association in Kansas.

Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas. Any legal action arising out of or relating to this Agreement shall be brought in the state or federal courts located in [County, Kansas].

Kansas Marketing Regulatory Compliance

The Contractor shall comply with all applicable Kansas marketing regulations, including the Kansas Consumer Protection Act, state advertising regulations, disclosure of endorsements, and requirements for Kansas-registered business entities if applicable. The Contractor shall also adhere to municipal special provisions (such as marketing restrictions on alcohol, cannabis, or regulated industries) if applicable.

Miscellaneous

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

Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

Force Majeure: Neither party shall be liable for any failure to perform its obligations under this Agreement to the extent that such failure is caused by a force majeure event, including but not limited to acts of God, war, terrorism, or governmental regulation specific to Kansas (e.g., a state-mandated shutdown).

Assignment: This Agreement may not be assigned by either party without the prior written consent of the other party.

Notice: All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, or sent by email to the addresses set forth above.

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

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.

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

[Client Company Name]

By: [Client Name]

Title: [Client Title]

[Contractor Legal Name]

By: [Contractor Name]

Title: [Contractor Title]