Missouri independent contractor agreement template

Missouri Independent Contractor Agreement

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

[Company Name], a company organized and existing under the laws of Missouri, with its principal place of business at [Company Address] (“Client”), and

[Contractor Name], residing at [Contractor Address] (“Contractor”).

Services

The Contractor agrees to provide the following services to the Client: [Description of Services]. This includes, but is not limited to: [List of Specific Tasks and Deliverables].

Option A: The standard of performance for the services shall be [Describe Performance Standards].

Option B: Deadlines for deliverables shall be as follows: [List of Deadlines].

Option A: The Client will furnish the following materials and equipment: [List of Materials].

Option B: The Contractor will furnish all necessary materials and equipment.

Option A: The work will be performed [Onsite] at [Location].

Option B: The work will be performed [Remotely].

Option C: The work will be performed in a [Hybrid] manner.

The Contractor is responsible for providing their own workspace and resources.

Independent Contractor Status

It is the express intention of the parties that the Contractor is an independent contractor and not an employee, agent, joint venturer, or partner of the Client.

Option A: The Contractor acknowledges that they are responsible for all income taxes and self-employment taxes as required by the IRS. The Client will not withhold taxes from payments made to the Contractor.

Option B: The Contractor retains the right to control the manner and means by which the services are performed, subject to the requirements of the outcome of the work.

Term and Termination

Option A (Fixed Term): This Agreement shall commence on [Start Date] and shall continue until [End Date], unless sooner terminated as provided herein.

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

Option A: Either party may terminate this Agreement with [Number] days written notice.

Option B: The Client may terminate this Agreement immediately for cause, including but not limited to [List Reasons for Cause, e.g., breach of contract, unsatisfactory performance].

Upon termination, the Contractor shall return all Client property and deliver all completed work to the Client. The Client shall pay the Contractor for all services performed up to the date of termination.

Missouri law recognizes the "at-will" nature of independent contractor agreements; however, the terms herein specify notification and obligations upon termination.

Compensation and Payment

Option A (Hourly): The Contractor shall be compensated at a rate of [Dollar Amount] per hour.

Option B (Per Project): The Contractor shall be compensated a flat fee of [Dollar Amount] for the entire project.

Option C (Retainer): The Contractor shall be paid a retainer of [Dollar Amount] per [Time Period, e.g., month].

The Contractor shall submit invoices to the Client [Frequency, e.g., monthly].

The Client shall pay invoices within [Number] days of receipt.

Option A: Late payments shall accrue interest at a rate of [Percentage] per month.

Option B: No interest shall accrue on late payments.

Option A: Reimbursable expenses must be pre-approved by the Client.

Option B: Reimbursable expenses do not need pre-approval if the expense amount is less than [Dollar Amount].

Taxes

The Contractor is solely responsible for paying all federal, state (Missouri), and local taxes, including income taxes, self-employment taxes, unemployment taxes, and workers' compensation taxes.

The Client will not withhold any taxes from payments made to the Contractor.

The Contractor shall provide the Client with a completed IRS Form W-9.

The Client will deliver a Form 1099-NEC to the Contractor as required by law.

Benefits

The Contractor is not entitled to any employee benefits from the Client, including but not limited to health insurance, retirement plans, sick leave, and paid time off.

Option A: The Contractor may participate in [Describe Optional Benefit, e.g., group health plan] at the Contractor's expense.

Option B: No benefits will be offered to the contractor.

Work Standards and Conduct

The Contractor shall perform the services in a professional and competent manner.

The Contractor shall comply with all applicable laws and regulations.

Option A: The Contractor shall maintain confidentiality regarding the Client's business practices.

Option B: The Contractor must attend mandatory training sessions relating to [Describe the Session(s)].

Intellectual Property and Confidentiality

Option A (Work Made for Hire): All intellectual property created by the Contractor in the performance of this Agreement shall be owned by the Client.

Option B (Contractor Ownership): Contractor retains ownership of intellectual property created before and after the execution of this agreement. The client is granted a license to use such intellectual property for the purpose of performing the tasks described in this agreement.

The Contractor shall keep confidential all Client information, including but not limited to trade secrets, customer lists, and financial information.

This confidentiality obligation shall survive the termination of this Agreement.

Exception: This clause does not apply to information that is publicly available, already known to the Contractor, or independently developed by the Contractor.

Indemnification and Liability

The Contractor shall indemnify and hold harmless the Client from any and all claims, damages, and expenses arising out of the Contractor's performance of this Agreement.

Option A: Neither party shall be liable for any consequential, incidental, or indirect damages.

Option B: Liability is limited to the amount of fees paid by the client under this agreement.

This clause is intended to comply with Missouri law regarding enforceability and public policy.

Insurance

Option A: The Contractor shall maintain general liability insurance with a minimum coverage limit of [Dollar Amount].

Option B: The Contractor shall maintain professional liability insurance with a minimum coverage limit of [Dollar Amount].

The Contractor shall provide the Client with evidence of insurance coverage.

The Contractor shall notify the Client of any changes or cancellations in insurance coverage.

Non-Solicitation and Non-Compete (Optional)

Option A (Non-Solicitation): During the term of this Agreement and for [Number] months after termination, the Contractor shall not solicit the Client's employees or customers.

Option B (Non-Compete): During the term of this Agreement and for [Number] months after termination, the Contractor shall not engage in any business that competes with the Client within a [Geographic Area].

These clauses are intended to comply with Missouri law regarding reasonableness and legitimate business interests.

Client Property

Upon termination of this Agreement, the Contractor shall return all Client property, including but not limited to documents, data, and equipment.

Records and Audit

The Contractor shall maintain accurate records of all services performed under this Agreement.

The Client shall have the right to audit the Contractor's records.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri.

Option A (Mediation): Any dispute arising out of or relating to this Agreement shall be resolved through mediation in [City, Missouri].

Option B (Arbitration): Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in [City, Missouri].

Option C (Litigation): Any dispute arising out of or relating to this Agreement shall be resolved in the state or federal courts located in [County, Missouri].

Missouri Considerations

This Agreement is intended to comply with Missouri law regarding independent contractor status.

The Contractor acknowledges they are responsible for compliance with all applicable Missouri laws and regulations, including those related to unemployment insurance and workers' compensation.

Option A: Contractor is exempt from workers compensation according to Missouri law.

Option B: Contractor must adhere to the guidelines defined in the Missouri Worker Classification Act.

Miscellaneous

Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control.

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

Notice: All notices under this Agreement shall be in writing and delivered to the addresses set forth above.

Amendments: 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 waiving party.

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 and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Counterparts: 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.

Option A (Non-Discrimination): The parties agree to comply with all applicable non-discrimination laws.

Option B (Anti-Harassment): The parties agree to maintain a work environment free from harassment.

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

[Company Name]

By: [Name]

Title: [Title]

[Contractor Name]

By: [Name]