Nebraska consulting independent contractor agreement template
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How Nebraska consulting independent contractor agreement Differ from Other States
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Nebraska law emphasizes the need for agreements to clearly state the contractor’s independent status to avoid worker misclassification.
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Nebraska requires certain tax documentation and may require contractors to obtain special state business licenses for some industries.
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State-specific rules about unemployment insurance and workers’ compensation coverage apply and must be expressly addressed in the contract.
Frequently Asked Questions (FAQ)
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Q: Is a written independent contractor agreement required in Nebraska?
A: While not legally required, a written agreement offers legal protection and clarity between parties in Nebraska.
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Q: Are Nebraska independent contractors responsible for their own taxes?
A: Yes, independent contractors in Nebraska handle their own federal, state, and self-employment taxes.
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Q: Does Nebraska require worker’s compensation for independent contractors?
A: Generally, independent contractors are not covered, but the agreement should specify responsibilities to prevent disputes.
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Nebraska Consulting Independent Contractor Agreement
This Nebraska Consulting Independent Contractor Agreement (the “Agreement”) is made and entered into as of [Date] by and between:
[Client Name], located at [Client Address], with phone number [Client Phone Number] and email address [Client Email Address] (the “Client”),
and
[Contractor Name], located at [Contractor Address], with phone number [Contractor Phone Number] and email address [Contractor Email Address] (the “Independent Contractor”).
1. Statement of Work
The Independent Contractor agrees to perform the following consulting services for the Client:
Option A: Strategic Consulting Services - [Description of Strategic Consulting Services]
Deliverables: [List of Deliverables]
Objectives: [List of Objectives]
Outcomes: [List of Outcomes]
Option B: Management Consulting Services - [Description of Management Consulting Services]
Deliverables: [List of Deliverables]
Objectives: [List of Objectives]
Outcomes: [List of Outcomes]
Option C: IT Consulting Services - [Description of IT Consulting Services]
Deliverables: [List of Deliverables]
Objectives: [List of Objectives]
Outcomes: [List of Outcomes]
2. Place of Service
The consulting services will be performed:
Option A: On-site at [Client Location in Nebraska], subject to Client's IT and data security policies. The Independent Contractor will utilize the following equipment/facilities provided by the Client: [List of Equipment/Facilities]. The Independent Contractor will adhere to Client's data access and cybersecurity protocols, including [Specific Cybersecurity Protocols].
Option B: Remotely/Virtually. The Independent Contractor is responsible for providing all necessary equipment, internet access, and ensuring a secure work environment.
3. Payment
The Client will compensate the Independent Contractor as follows:
Option A: Hourly Basis: At a rate of [Hourly Rate] per hour, with an estimated maximum of [Maximum Hours] hours.
Option B: Project Basis: A fixed fee of [Project Fee] for the entire project.
Option C: Milestone-Based: Payments will be made upon completion of the following milestones: [List of Milestones and Corresponding Payments].
Payment Schedule: [Payment Schedule, e.g., Bi-weekly, Monthly, Upon Invoice]. Invoices must include: [Required Invoice Details]. Method of Payment: [Method of Payment, e.g., Check, Wire Transfer]. Late Payment Interest: [Late Payment Interest Rate]. The Independent Contractor is responsible for all self-employment taxes, including federal and Nebraska income tax. The Independent Contractor is responsible for all Nebraska state sales/use tax obligations.
4. Independent Contractor Status
The parties agree that the Independent Contractor is an independent contractor and not an employee of the Client. Nothing in this Agreement shall be construed to create an employer-employee relationship, partnership, joint venture, or agency relationship. The Independent Contractor is solely responsible for all taxes, insurance, and other benefits. The Independent Contractor is free to perform services for others. This agreement shall be interpreted and enforced in accordance with Nebraska Revised Statutes regarding independent contractor relationships.
5. Insurance
The Independent Contractor is required to obtain and maintain the following insurance coverage:
Option A: Professional Liability/Errors and Omissions Insurance with a minimum coverage of [Coverage Amount].
Option B: Workers’ Compensation Insurance or a waiver thereof, as permitted under Nebraska law.
Proof of insurance must be provided to the Client prior to the commencement of services.
6. Ownership and Intellectual Property
All work product, copyrights, patents, trademarks, or inventions developed during the engagement shall be the sole property of the Client, assigned according to Nebraska law. The Client may grant a license back to the Contractor for: [Specify Licensed Rights]. The Independent Contractor warrants that all work product will not infringe upon any third-party intellectual property rights and will indemnify the Client against any claims of infringement.
7. Confidentiality
The Independent Contractor agrees to hold all Client data and trade secrets in strict confidence, as defined under Nebraska’s Uniform Trade Secrets Act. The Independent Contractor will not disclose any confidential information to any third party without the Client’s prior written consent, except as required by Nebraska or federal law. Upon termination of this Agreement, the Independent Contractor will promptly return or destroy all confidential materials.
8. Non-Solicitation/Non-Competition
The Independent Contractor agrees to the following restrictions, enforceable to the extent permitted under Nebraska law:
Option A: Non-Solicitation: For a period of [Time Period] following termination of this Agreement, the Independent Contractor will not solicit any employees or customers of the Client.
Option B: Non-Competition: For a period of [Time Period] following termination of this Agreement, within a radius of [Geographic Radius], the Independent Contractor will not engage in [Description of Competitive Activity].
9. Representations and Warranties
Each party represents and warrants to the other that:
It has the authority to enter into this Agreement.
It has the legal right to perform its obligations under this Agreement in Nebraska.
All information provided is accurate and complete.
It will comply with all applicable state and federal regulations, including [Specific Regulations Applicable to Nebraska Consulting Work].
10. Liability and Indemnity
The Independent 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: [Specific Indemnification Terms]. Cap on damages: [Cap on Damages Amount or Description].
11. Termination
Option A: Fixed Term: This Agreement will terminate on [Date].
Option B: At-Will: Either party may terminate this Agreement upon [Number] days written notice.
Effect of Termination: [Terms Regarding Outstanding Payments, Return of Property, and Completion of Deliverables].
12. Dispute Resolution
Any dispute arising out of or relating to this Agreement shall be resolved as follows:
Negotiation: The parties will first attempt to resolve the dispute through good-faith negotiation.
Mediation: If negotiation fails, the parties will submit the dispute to mediation in [City, Nebraska].
Arbitration/Litigation: If mediation fails, the parties may pursue arbitration or litigation in [Court Location in Nebraska], governed by Nebraska state law.
13. Compliance
The Independent Contractor shall comply with all applicable Nebraska state business licensing regulations, including [Specific Licenses or Registrations], data protection requirements, and industry mandates relevant to the consulting services provided.
14. Records Retention
The Independent Contractor shall maintain and retain all service and financial records in accordance with Nebraska's legal and tax document retention standards.
15. Subcontracting
Subcontracting is:
Option A: Permitted, subject to prior written approval by the Client. All subcontractors must be subject to the same legal and confidentiality obligations as the Independent Contractor.
Option B: Not permitted.
16. Miscellaneous
Amendments: Any amendments to this Agreement must be in writing and 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.
Entire Agreement: This Agreement constitutes the entire agreement between the parties 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.
Assignment: This Agreement may not be assigned by either party without the prior written consent of the other party.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska.
17. Signatures
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Client Name]
By: [Client Signature]
Name: [Client Printed Name]
Title: [Client Title]
[Contractor Name]
By: [Contractor Signature]
Name: [Contractor Printed Name]
Title: [Contractor Title]
