Louisiana marketing independent contractor agreement template

Louisiana Marketing Independent Contractor Agreement

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

• [Client Company Name], a [Client Company Type, e.g., Limited Liability Company] with its principal place of business at [Client Company Address] (“Client”), and
• [Contractor Name], residing at [Contractor Address] or doing business as [Contractor Business Name (if applicable)], with its principal place of business at [Contractor Business Address (if applicable)], and Louisiana Business License Number [Contractor Business License Number (if applicable)] (“Contractor”).

WHEREAS, Client desires to engage Contractor as an independent contractor to perform certain marketing services; and

WHEREAS, Contractor desires to provide such marketing services to Client as an independent contractor.

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

1. Scope of Work

Contractor shall perform the following marketing services for Client (the “Services”):

• Option A: Digital Marketing: Development and execution of digital marketing campaigns, including search engine optimization (SEO), search engine marketing (SEM), pay-per-click (PPC) advertising, and email marketing campaigns.
• Option B: Content Creation: Creation of original content, including blog posts, articles, website copy, social media updates, and video scripts.
• Option C: Social Media Management: Management of Client’s social media accounts, including content creation, community engagement, and social media advertising.
• Option D: Branding Strategy: Development of branding strategies, including brand positioning, messaging, and visual identity.
• Option E: Media Buying: Planning and execution of media buying strategies across various channels.
• Option F: Event Planning: Planning and execution of marketing events within the Louisiana market.
• Option G: Lead Generation: Implement lead generation strategies targeting the Louisiana market, delivering [Number] qualified leads per [Timeframe, e.g., month].

Deliverables will be provided in [Format, e.g., PDF, DOCX] and are subject to Client’s approval. Updates and revisions will follow the process outlined in Exhibit A.

2. Term and Termination

• Option A: The term of this Agreement shall commence on [Start Date] and shall continue for a period of [Number] [Timeframe, e.g., months] (the “Initial Term”).
• Option B: This Agreement shall continue until terminated by either party upon [Number] days’ written notice to the other party.

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 of the breach. Material breach includes failure to comply with Louisiana advertising laws.

Upon termination, Contractor shall deliver all work product to Client and Client shall pay Contractor for all Services performed up to the date of termination.

3. Independent Contractor Status

• Contractor is an independent contractor and not an employee, partner, or agent of Client.
• Client shall not be responsible for withholding taxes or providing employee benefits to Contractor.
• Contractor is responsible for all federal and Louisiana state tax obligations, including self-employment tax and Louisiana income tax, and will report all Louisiana sourced income. Contractor acknowledges that they are not eligible for unemployment insurance, worker's compensation, health insurance, or other employee benefits per Louisiana law.
• Contractor will provide Client with a copy of their Louisiana-issued business license or occupational license, if required.
• Both parties waive any claim to employment or partnership status.

4. Compensation

• Option A: Client shall pay Contractor a flat fee of [Dollar Amount] for the Services.
• Option B: Client shall pay Contractor an hourly rate of [Dollar Amount] per hour for the Services.
• Option C: Client shall pay Contractor a retainer of [Dollar Amount] per [Timeframe, e.g., month], plus a commission of [Percentage]% on sales generated by the Services.
• Option D: Client shall pay Contractor based on the following milestones: [Milestone]: [Dollar Amount].

Contractor shall invoice Client [Frequency, e.g., monthly] for Services performed.

Client shall pay Contractor within [Number] days of receipt of invoice. Payment will be made via [Payment Method, e.g., check, wire transfer].

Unless otherwise specified, all fees are exclusive of Louisiana state and local sales taxes. Client is responsible for paying any applicable taxes or reimbursing Contractor for sales taxes paid.

Late payments are subject to a late fee of [Percentage]% per month, as permitted by Louisiana law.

5. Intellectual Property

• Option A: All intellectual property rights in the work product created by Contractor for Client shall be owned by Client as a work for hire, as defined under Louisiana law.
• Option B: Contractor grants Client a [Type of License, e.g., perpetual, irrevocable, non-exclusive] license to use the work product created by Contractor for Client.

Contractor retains ownership of all pre-existing intellectual property rights.

Client’s brand guidelines are provided in Exhibit B.

6. Confidentiality

Contractor shall keep confidential all confidential information of Client, including but not limited to trade secrets, business plans, and customer lists.

Contractor shall comply with all applicable state privacy and digital marketing/disclosure laws, including the Louisiana Unfair Trade Practices and Consumer Protection Law.

Upon termination of this Agreement, Contractor shall return all confidential information to Client.

7. Non-Solicitation

During the term of this Agreement and for a period of [Number] [Timeframe, e.g., months] following termination, Contractor shall not solicit Client’s employees or customers, as permissible under Louisiana statutes.

8. Limitation of Liability and Indemnification

Contractor shall be liable for breach of marketing performance standards, violations of Louisiana law, or third-party IP infringement, subject to the limitations below.

To the fullest extent permitted by Louisiana law, neither party shall be liable for consequential, incidental, indirect, special, or punitive damages.

Contractor agrees to indemnify, defend, and hold harmless Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to Contractor’s breach of this Agreement or Contractor’s negligence or willful misconduct.

Neither party will be responsible for force majeure events under the Louisiana Civil Code.

9. Insurance

Contractor shall maintain professional liability insurance with coverage of at least [Dollar Amount]. Contractor must also maintain cyber liability or business insurance as prudent for marketing professionals in Louisiana.

Contractor shall provide Client with proof of insurance upon request.

10. Assignment and Subcontracting

Contractor shall not assign this Agreement without the prior written consent of Client.

Contractor may use subcontractors with the prior written consent of Client, and subcontractors must comply with all relevant contract terms and Louisiana independent contractor rules.

11. Amendments

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

12. Dispute Resolution

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

If the parties are unable to resolve the dispute through negotiation, they shall attempt to resolve the dispute through mediation in [City, Parish, State].

If mediation is unsuccessful, the parties may pursue arbitration or litigation in courts with proper jurisdiction under Louisiana law. The venue for any legal proceedings shall be [Parish Name], Louisiana. This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana.

13. Government Regulations and Disclosures

Contractor warrants they are in compliance with all applicable government registrations or disclosures (such as Secretary of State filings, Assumed Name registrations for d/b/a contractors, or compliance with local/parish ordinances affecting marketing professionals).

14. 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, return receipt requested, or sent by reputable overnight courier service to the addresses set forth above.

15. 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.

16. Severability

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

17. 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.

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

[Client Company Name]

By: [Client Representative Name]

Title: [Client Representative Title]

Date: [Date]

[Contractor Name]

By: [Contractor Name]

Title: [Contractor Title, e.g., Owner, CEO] (If Applicable)

Date: [Date]

Exhibit A: Statement of Work

(Detailed project plan, including deliverables, timelines, and reporting intervals)

Exhibit B: Client Marketing and Privacy Policies

(Client-provided policies regarding branding, data privacy, etc.)