Montana creative independent contractor agreement template

Montana Creative Independent Contractor Agreement

This Creative Independent Contractor Agreement is made and entered into as of [Date] by and between:

[Client Name], residing at [Client Address], hereinafter referred to as "Client,"

and

[Contractor Name], residing at [Contractor Address], hereinafter referred to as "Contractor."

Description of Services

The Contractor agrees to provide the following creative services to the Client: [Detailed Description of Services, e.g., Graphic Design, Web Development, Copywriting, Photography, Video Production]

The scope of these services includes: [Detailed scope, expected deliverables, formats, usage requirements].

Project Timelines and Milestones:

Project Start Date: [Date]

Milestone 1: [Description] Due Date: [Date]

Milestone 2: [Description] Due Date: [Date]

Final Delivery Date: [Date]

Review and Revision Process: The Client shall have [Number] rounds of revisions. The Contractor will provide revisions within [Number] business days of receiving feedback.

Final Acceptance Criteria: [Describe the criteria for final acceptance of the deliverables].

Working Methods

Option A: The Contractor will perform the services remotely.

Option B: The Contractor will perform the services on-site at [Location].

Option C: The Contractor will use a hybrid approach, working remotely and on-site as needed.

Delivery Standards: [Describe delivery standards, e.g., file formats, resolution].

Communication Requirements: The Contractor will communicate with the Client via [Method, e.g., email, phone, meetings] at least [Frequency].

Software/Platforms/Equipment: The Contractor will use the following software/platforms/equipment: [List].

Client-Provided Resources: The Client will provide the following resources: [List].

Compensation

Option A: Flat-Rate Fee: The Client shall pay the Contractor a flat fee of [Dollar Amount] for the services described herein.

Option B: Hourly Rate: The Client shall pay the Contractor an hourly rate of [Dollar Amount] per hour for the services described herein.

Option C: Per Deliverable: The Client shall pay the Contractor [Dollar Amount] per deliverable for the services described herein.

Payment Schedule:

[Percentage]% upon signing of this agreement.

[Percentage]% upon completion of Milestone 1.

[Percentage]% upon final acceptance of the deliverables.

Accepted Payment Methods: [List accepted methods, e.g., Check, Wire Transfer, Online Payment].

Invoicing Procedures: The Contractor will submit invoices to the Client at [Frequency].

Late Payment Interest: Late payments will accrue interest at the rate of [Percentage]% per month, as allowed by Montana law.

The Contractor is responsible for all self-employment taxes, and the Client will not withhold Montana or federal payroll taxes.

Ownership and Intellectual Property Rights

Option A: Work Made for Hire: All work created by the Contractor under this agreement shall be considered "work made for hire" as defined under federal and Montana law, and the Client shall own all right, title, and interest in and to such work, including all copyrights.

Option B: IP Transfer: The Contractor hereby assigns to the Client all right, title, and interest in and to the work created under this agreement, including all copyrights.

Option C: IP License: The Contractor grants to the Client a [Scope of License, e.g., exclusive, non-exclusive, perpetual, limited] license to use the work created under this agreement for [Permitted Uses].

Moral Rights Waiver: To the extent permitted by law, the Contractor waives all moral rights in the work created under this agreement.

Portfolio Use and Credit: The Contractor may use the completed work in their portfolio, subject to reasonable client approval. The Contractor will be credited as [Form of Credit] when the work is publicly displayed.

Confidentiality

The Contractor agrees to hold all Client information, project materials, and trade secrets in strict confidence and will not disclose such information to any third party without the Client's prior written consent.

The Contractor agrees not to publish or display any concept materials or work in progress without the Client's prior written consent.

This confidentiality obligation survives the termination of this agreement.

Data Protection and Security

The Contractor shall implement reasonable security measures to protect Client data and sensitive information from unauthorized access, use, or disclosure.

Upon completion of this agreement, the Contractor shall return or destroy all Client materials in their possession.

Independent Contractor Status

It is understood and agreed that the Contractor is an independent contractor and not an employee of the Client. This agreement does not create an employer-employee relationship, partnership, joint venture, or agency relationship between the parties. The Contractor is responsible for their own insurance, self-employment taxes, and compliance with Montana Department of Labor rules. The contractor is exempt from workers' compensation. The parties agree to comply with the Montana "ABC" test for independent contractor classification.

Liability for Breach

The Contractor shall be liable for breach of this agreement, including but not limited to missed deadlines, inadequate creative quality, third-party IP infringement, and unauthorized disclosure or use of materials.

The Contractor agrees to indemnify and hold harmless the Client from any claims, damages, or expenses arising out of the Contractor's breach of this agreement.

Cure Period: The Contractor shall have [Number] days to cure any breach of this agreement.

Professional Standards

The Contractor agrees to provide services that meet reasonable standards of creative professionalism and comply with all applicable Montana and federal statutes, including advertising law, copyright law, defamation law, and consumer protection laws.

Subcontracting

Option A: The Contractor may not subcontract any of the services required under this agreement without the Client's prior written consent.

Option B: The Contractor may subcontract certain services, provided they remain fully responsible for the performance of the subcontractors.

Creative Project Considerations

Rush Fees: A rush fee of [Percentage]% will apply for projects requiring expedited delivery.

Late Client Feedback: Project timelines may be extended if the Client's feedback is delayed.

Contingency Planning: In the event of project delays or cancellations due to force majeure events in Montana (e.g., weather, public health emergencies), the parties will negotiate in good faith to determine an equitable resolution.

Term and Termination

The term of this agreement shall commence on [Date] and shall continue until [Date], unless terminated earlier as provided herein.

Option A: Automatic Renewal: This agreement shall automatically renew for successive [Period] periods unless either party provides written notice of termination at least [Number] days prior to the end of the current term.

Either party may terminate this agreement upon [Number] days written notice to the other party.

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

Portfolio Use

Subject to reasonable client approval, the Contractor shall have the right to use the completed work in their portfolio, promotional materials, or for public display.

Dispute Resolution

Any dispute arising out of or relating to this agreement shall be resolved through negotiation, mediation, or arbitration in [City, Montana].

This agreement shall be governed by and construed in accordance with the laws of the State of Montana. Any legal action arising out of or relating to this agreement shall be brought in the appropriate courts of Montana.

Regulatory Compliance

The Contractor is responsible for complying with all applicable Montana registration, business license, and tax requirements.

The Contractor will comply with industry standards, such as advertising law or FTC guidelines, if the creative output relates to commercial campaigns.

Equipment and Resources

The Contractor is responsible for maintaining their own equipment, studio, internet, licenses, and health and safety standards, as may be customary for creative professionals in Montana.

Amendment and Waiver

This agreement may be amended only by a written instrument signed by both parties. No waiver of any provision of this agreement shall be effective unless in writing and signed by the waiving party.

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, between the parties with respect to such subject matter.

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

____________________________

[Client Name]

____________________________

[Contractor Name]

Electronic signatures are acceptable pursuant to the Montana Uniform Electronic Transactions Act.