Montana hr independent contractor agreement template

Montana HR Independent Contractor Agreement

This Montana HR Independent Contractor Agreement ("Agreement") is made and entered into as of [Date], by and between:

[Client Company Legal Name], a [Client Company Legal Structure, e.g., Montana LLC] with its principal place of business at [Client Company Address], Montana, [Client Company Zip Code], (hereinafter referred to as "Client"), [Client Company Montana Business Registration Number, if applicable], and

[Contractor Legal Name], residing at [Contractor Address], Montana, [Contractor Zip Code], (hereinafter referred to as "Contractor").

Services

The Contractor shall provide the following HR services to the Client:

• Option A: Employee Recruitment and Onboarding, including sourcing, screening, interviewing, and offer letter preparation compliant with Montana law.
• Option B: Policy Drafting or Review, ensuring compliance with Montana state and federal regulations.
• Option C: Payroll Consulting, advising on compliance with Montana wage and hour laws.
• Option D: Benefits Administration Consulting.
• Option E: Compliance Audits specific to Montana HR practices.
• Option F: Workplace Investigations compliant with Montana best practices.
• Option G: Performance Management Consulting.
• Option H: Training and Development programs tailored to Montana employees.
• Option I: Employee Handbook Preparation compliant with Montana law.

• Description: [Detailed Description of Specific HR Services, Deliverables, and Performance Standards].
• Key Milestones: [List Key Milestones and Deadlines].
• Reporting Timeline: [Reporting Frequency and Method].

Work Location and Access

• Option A: The Contractor will perform services on-site at the Client’s facility located at [Client Facility Address], Montana, [Client Zip Code].
• Option B: The Contractor will perform services remotely.
• Option C: The Contractor will perform services using a hybrid approach.

• Access Requirements:
  • The Contractor requires access to the following company systems: [List Systems].
  • The Contractor requires access to the following physical or electronic HR records: [List Records].
  • The Contractor will utilize the following client-supplied tools or software: [List Tools/Software].
  • Data Privacy and Security Protocols: The Contractor shall adhere to all applicable federal and Montana data privacy laws, including the Montana Data Protection Act, and Client’s data security policies.

Montana HR Regulations

The Contractor shall ensure that the services provided comply with all applicable Montana and federal HR regulations, including:

• Montana Human Rights Act.
• Montana wage and hour requirements.
• Lawful hiring and background check practices in Montana.
• Client compliance with the Montana Wrongful Discharge from Employment Act (understanding Contractor is NOT an employee).
• Note: The Contractor is NOT an employee of the Client and is not personally subject to the Montana Wrongful Discharge from Employment Act.

Compensation

• Option A: Hourly Rate: The Contractor shall be compensated at a rate of [Dollar Amount] per hour.
• Option B: Project-Based Fee: The Contractor shall be compensated a flat fee of [Dollar Amount] per project, as defined in Exhibit A.
• Option C: Retainer: The Contractor shall be compensated a retainer fee of [Dollar Amount] per [Time Period, e.g., month].

• Payment Schedule: Payments shall be made [Payment Frequency, e.g., bi-weekly] within [Number] days of receipt of invoice.
• Invoice Details: Invoices must include [Required Information on Invoices].
• Taxes: The Contractor is responsible for all applicable federal and Montana taxes, including self-employment taxes.
• Expense Reimbursements: Reimbursable expenses, if any, shall be pre-approved and documented.
• Late Payment Penalties: Late payments shall accrue interest at a rate of [Percentage]% per month, as permitted by Montana law.

Intellectual Property

All intellectual property and work products generated by the Contractor in connection with this Agreement, including policies, templates, training materials, and reports, shall be the sole and exclusive property of the Client, unless otherwise expressly agreed in writing.

The Contractor shall maintain the confidentiality of all Client HR data, sensitive employee information, and trade secrets, in compliance with the Montana Uniform Trade Secrets Act and federal HR data privacy obligations.

Independent Contractor Status

It is expressly understood and agreed that the Contractor is an independent contractor and not an employee of the Client. The Contractor is responsible for their own tax filings, workers' compensation, unemployment insurance, professional licensing (if applicable), and all legal reporting requirements. The Contractor is not entitled to any employee benefits, vacation, or retirement plans offered by the Client.

• The Client does not control or direct the method by which the Contractor performs the services, but only the desired results.
• The Contractor has the right to perform services for others.
• The Contractor provides their own equipment and supplies.
• The Contractor determines their own work schedule.

Montana Independent Contractor Exemption Certificate (ICEC)

• Option A: The Contractor possesses a current Montana Independent Contractor Exemption Certificate (ICEC) and will provide a copy to the Client upon request.
• Option B: The Client will verify the Contractor’s exemption status with the Montana Department of Labor, if required.

Liability and Insurance

The Contractor shall be responsible for any errors, omissions, failure to meet delivery timelines, breach of confidentiality, or damages caused by reliance on inaccurate HR consulting.

The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the Contractor's performance of services under this Agreement.

Limitation of Liability: The Contractor's liability shall be limited to the amount of fees paid by the Client to the Contractor under this Agreement.

The Contractor shall maintain professional liability or E&O insurance with coverage of at least [Dollar Amount].

Termination

Term: This Agreement shall commence on [Start Date] and continue until [End Date], unless terminated earlier as provided herein.

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

Termination for Cause: Either party may terminate this Agreement immediately upon written notice to the other party if the other party breaches any material provision of this Agreement and fails to cure such breach within [Number] days after written notice of such breach.

Upon termination, the Contractor shall promptly return all Client materials and access credentials.

Final Payment: Upon termination, the Contractor shall be entitled to payment for all services performed through the date of termination.

Dispute Resolution

The parties shall attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation. If the dispute cannot be resolved through negotiation, the parties shall attempt to resolve the dispute through mediation. If the dispute cannot be resolved through mediation, the parties shall submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Montana.

Venue: The venue for any legal action arising out of or relating to this Agreement shall be in [County Name] County, Montana.

Jury Trial Waiver: To the extent permitted by Montana law, the parties waive any right to a jury trial.

Compliance Provisions

The Contractor shall observe all applicable employment, anti-discrimination, and labor laws on the Client’s behalf.

The Contractor shall maintain complete and accurate records for all HR advice given or actions taken.

Record Retention: The Contractor shall retain records in accordance with Montana’s statute of limitations for professional service contracts.

The Contractor shall immediately notify the Client if the Contractor identifies any potential legal violations during the term of this Agreement.

Professional Qualifications

The Contractor represents and warrants that they possess the necessary professional qualifications and certifications (e.g., SHRM, HRCI) to perform the services under this Agreement.

The Contractor shall maintain ongoing continuing education as needed to meet Montana HR best practices.

Subcontracting/Assignment

The Contractor shall not subcontract or assign any of its obligations under this Agreement without the prior written consent of the Client.

Non-Solicitation/Non-Compete

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

Non-Compete: During the term of this Agreement and for a period of [Number] months following the termination of this Agreement, within a geographic area of [Radius, e.g., 50 miles] from the Client’s principal place of business, the Contractor shall not engage in any business that is directly competitive with the business of the Client, provided that such restriction is reasonable in scope, duration, and geographic area as per Montana law.

The Contractor shall maintain the confidentiality of all Client information, including employee and customer data, after the termination of this agreement.

Notices

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 overnight courier service to the addresses set forth above.

Notice of breach or termination shall be delivered within [Number] days of discovery of the event.

Miscellaneous

Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and 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.

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

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

[Client Company Legal Name]

By: [Client Representative Name]

Title: [Client Representative Title]

Date: [Date]

[Contractor Legal Name]

By: [Contractor Name]

Title: [Contractor Title]

Date: [Date]