Maine hr independent contractor agreement template

Maine HR Independent Contractor Agreement

This Maine HR Independent Contractor Agreement (the “Agreement”) is made and entered into as of this [Date], by and between [Client Full Legal Name], a [Client Entity Type, e.g., Maine LLC] with its principal place of business at [Client Business Address] (hereinafter referred to as “Client”), and [Contractor Full Legal Name], residing at [Contractor Address] (hereinafter referred to as “Contractor”).

Description of Services

Option A: The Contractor shall provide the following HR services to the Client: [Detailed Description of HR Services, e.g., recruitment and hiring support, policy development, training]. This includes deliverables such as [List of Deliverables, e.g., policy manuals, hiring matrices, training materials].

Option B: The Contractor shall provide HR services as described in Exhibit A attached hereto.

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 may be terminated by either party upon [Number] days written notice to the other party.

For Cause: This Agreement may be terminated immediately by either party for cause, including but not limited to breach of contract, negligence, or misconduct.

Option C: This Agreement may be terminated with cause if the Contractor fails to comply with Maine labor audits.

Compensation

Option A: The Client shall pay the Contractor at an hourly rate of [Dollar Amount] per hour for services rendered.

Invoicing: Contractor shall submit invoices to Client on a [Frequency, e.g., bi-weekly, monthly] basis, detailing the services performed. Payment shall be made within [Number] days of receipt of invoice.

Option B: The Client shall pay the Contractor a fixed fee of [Dollar Amount] for the completion of the services described in Section 1.

Milestone Payments: Payment shall be made according to the following milestones: [Description of Milestones and Payment Amounts].

Option C: The Client shall pay the Contractor a retainer of [Dollar Amount] per month. Additional hours beyond the retainer are billed at [Dollar Amount] per hour.

All Maine state income, self-employment taxes, and municipal business taxes are the sole responsibility of the Contractor.

Independent Contractor Status

The parties acknowledge and agree that the Contractor is an independent contractor and not an employee of the Client. Nothing in this Agreement shall be construed as creating an employer-employee relationship. The Contractor is not entitled to any employee benefits, including but not limited to health insurance, paid time off, or workers' compensation.

This agreement is governed by the Maine legal test for independent contractor status for HR roles (12-factor or “ABC” test under Maine law 26 M.R.S. § 1043(11)(E)).

Confidentiality

Option A: The Contractor agrees to hold all confidential information of the Client in strict confidence and not to disclose such information to any third party. This includes, but is not limited to, employee data, trade secrets, and business strategies.

Option B: The Contractor's confidentiality obligations are defined in Exhibit B attached hereto.

The Contractor must comply with the Maine Act to Protect the Privacy of Online Consumer Information.

Intellectual Property

Option A: All work product created by the Contractor in connection with this Agreement shall be the sole property of the Client.

Option B: Ownership of intellectual property shall be as follows: [Detailed Description of Ownership Rights].

Compliance with Laws

The Contractor shall comply with all applicable federal and Maine state laws and regulations, including but not limited to employment laws, anti-discrimination laws, and workplace safety laws.

The contractor acknowledges Maine Human Rights Act and Maine Family Medical Leave Requirements if consulting includes policy work in these areas.

Insurance

The Contractor shall maintain appropriate business insurance, including general liability insurance and, if applicable, professional liability insurance (errors and omissions), with coverage limits of not less than [Dollar Amount]. The Contractor shall provide proof of insurance to the Client upon request.

Indemnification

The Contractor agrees to indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or relating to the Contractor's performance of services under this Agreement, except to the extent caused by the Client's own negligence or willful misconduct.

Limitation of Liability

The Contractor's liability for any damages arising out of or relating to this Agreement shall be limited to the amount of fees paid by the Client to the Contractor under this Agreement.

Non-Solicitation/Non-Compete

Option A: During the term of this Agreement and for a period of [Number] months following its termination, the Contractor shall not solicit or attempt to solicit any employees or customers of the Client.

Option B: The Contractor agrees not to compete with the Client within a [Number] mile radius of the Client's principal place of business for a period of [Number] months following the termination of this Agreement.

This clause complies with Maine Noncompete Law restricting use of noncompetes except for workers earning more than 400% of the federal poverty level.

Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through good-faith negotiation. If the parties are unable to resolve the dispute through negotiation, they shall submit the dispute to mediation in [City, Maine]. If mediation is unsuccessful, the dispute shall be resolved in the state or federal courts located in [County, Maine].

Maine law shall govern the interpretation and enforcement of this Agreement.

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, such as acts of God, war, terrorism, or natural disaster.

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.

Severability

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

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.

Assignment

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

Representations and Warranties

The Contractor represents and warrants that they have the skills and authority to perform the HR work as outlined in this agreement within the bounds of Maine law.

Notice

All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given upon personal delivery or upon deposit in the United States mail, registered or certified, postage prepaid, addressed to the other party at the address set forth above.

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 considered valid and binding.

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

[Client Full Legal Name]

By: [Client Authorized Signatory Name]

Title: [Client Title]

[Contractor Full Legal Name]

Signature: [Contractor Signature]