Nebraska creative independent contractor agreement template

Nebraska Creative Independent Contractor Agreement

This Nebraska Creative Independent Contractor Agreement (the "Agreement") is made and entered into as of [Date], by and between [Client Full Legal Name], residing at [Client Address], with contact details [Client Phone Number] and [Client Email Address] ("Client"), and [Contractor Full Legal Name], residing at [Contractor Address], with contact details [Contractor Phone Number] and [Contractor Email Address] ("Contractor").

Scope of Services

Option A: The Contractor agrees to provide the following creative services to the Client: [Detailed Description of Services, e.g., graphic design, photography, writing, including specific deliverables, formats, quality standards, styles, and medium].

Option B: The Contractor will perform the services outlined in Exhibit A attached hereto. Exhibit A fully details deliverables, formats, quality standards, styles, and mediums.

• The Contractor shall complete [Number] rounds of revisions.
• Deliverables shall be submitted via [Method of Submission, e.g., email, online platform].
• The Client shall provide feedback and approvals within [Number] days of submission.

Location of Services and Equipment

Option A: The Contractor will perform the services at the Client's location at [Client Address].

• The Client will provide the Contractor with [Description of Workspace and Equipment Provided].

Option B: The Contractor will perform the services at the Contractor's home studio/office, located in Nebraska at [Contractor Address].

Option C: The Contractor will perform the services remotely, while located in Nebraska.

The Contractor will use their own equipment and software to perform the services. The Contractor is responsible for ensuring they have valid licenses for all software used.

Compensation

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

Option B: The Client will pay the Contractor an hourly rate of [Dollar Amount] per hour for the services performed.

• The Contractor will submit invoices to the Client on a [Frequency, e.g., weekly, bi-weekly, monthly] basis.
• The Client will pay the Contractor within [Number] days of receipt of a valid invoice.

Option C: The Client will pay the Contractor according to the milestone schedule attached as Exhibit B. Exhibit B outlines the fee structure and payment schedule based on project milestones.

Nebraska Sales Tax: [Choose One: Nebraska sales tax, if applicable, will be added to all invoices. / Nebraska sales tax is not applicable to these services.]

• Late Payment Penalty: Payments made after the due date will incur a late fee of [Percentage]% per month.
• Expense Reimbursement: The Client will reimburse the Contractor for reasonable expenses incurred in connection with the services, provided that the Contractor obtains prior written approval from the Client and submits supporting documentation.

Intellectual Property

Option A: The Contractor hereby assigns all right, title, and interest in and to the work product created pursuant to this Agreement, including all copyrights, to the Client. This constitutes a "work for hire" under the U.S. Copyright Act.

Option B: The Contractor grants the Client an exclusive license to use the work product created pursuant to this Agreement for [Specific Use, e.g., marketing materials, website]. The Contractor retains ownership of the copyright.

• Duration of License: [Duration, e.g., perpetual, one year].
• Territory: [Territory, e.g., worldwide, Nebraska only].

Option C: The Contractor grants the Client a non-exclusive license to use the work product created pursuant to this Agreement. The Contractor retains ownership of the copyright and the right to use the work product for other purposes.

Moral Rights Waiver: The Contractor hereby waives all moral rights in the work product to the extent permitted by law.

Permitted Use by Client: The Client is permitted to use the work product for [Specific Uses, e.g., advertising, marketing, internal use].

Crediting Obligations: The Client [Choose One: will / will not] credit the Contractor in connection with the use of the work product. If crediting is required, it must be in the following format: [Crediting Format].

Confidentiality

The Contractor agrees to hold all confidential information of the Client in strict confidence and not to disclose such information to any third party. Confidential information includes, but is not limited to, [Examples of Confidential Information, e.g., client lists, marketing plans, financial information].

This confidentiality obligation shall survive the termination of this Agreement.

Non-Compete and Non-Solicitation

Non-Compete: During the term of this Agreement and for a period of [Number] months following its termination, the Contractor shall not, within [Geographic Area, e.g., Nebraska, specific city in Nebraska], engage in any business that directly competes with the Client's business.

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

Nebraska Law Requirements: The non-compete and non-solicitation clauses are intended to be narrowly tailored and enforceable under Nebraska law. If any provision is deemed unenforceable, it shall be modified to the extent necessary to make it enforceable.

Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. The Client will not control the means or methods by which the Contractor performs the services.

The Contractor is responsible for paying all applicable self-employment taxes, including Nebraska income tax and federal income tax.

The Contractor is not eligible for any employee benefits, such as health insurance, vacation time, or retirement plans.

The Contractor hereby waives any rights to workers' compensation benefits under Nebraska law.

Subcontractors and Assistants

The Contractor [Choose One: may / may not] use subcontractors or assistants to perform the services.

• If the Contractor uses subcontractors or assistants, they must obtain prior written approval from the Client.
• The Contractor is responsible for ensuring that all subcontractors and assistants sign confidentiality agreements and assign all intellectual property rights to the Client.

Representations and Warranties

The Contractor represents and warrants that:

• The work product created pursuant to this Agreement will be original and will not infringe on the intellectual property rights of any third party.
• The Contractor has the right to enter into this Agreement and to perform the services described herein.
• The Contractor will comply with all applicable laws and regulations in performing the services.

Liability and Indemnification

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 the services.

The Client shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to this Agreement.

Insurance: The Contractor [Choose One: is / is not] required to maintain insurance coverage, including [Types of Insurance, e.g., errors and omissions insurance, general liability insurance]. If insurance is required, the minimum coverage amount is [Dollar Amount].

Nebraska Damage Limitations: The liability provisions of this agreement are subject to Nebraska public policy and limitations on indemnity for willful or negligent acts.

Project Modifications

Any modifications to the scope of services or deliverables must be agreed upon in writing by both parties.

The Contractor may charge additional fees for any work that is outside the original scope of services.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, fire, flood, or labor disputes.

Nebraska Common Law Doctrines: This clause is subject to Nebraska common law doctrines regarding force majeure.

Term and Termination

This Agreement shall commence on the Effective Date and shall continue until [Date] or until the services are completed, whichever occurs first.

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

The Client may terminate this Agreement immediately if the Contractor breaches any material provision of this Agreement.

Upon termination, the Contractor shall return all confidential information and property of the Client.

Final Payment: Upon termination, the Client shall pay the Contractor for all services performed up to the date of termination.

Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through negotiation.

If the parties are unable to resolve the dispute through negotiation, they shall submit the dispute to mediation.

If mediation is unsuccessful, the parties may pursue arbitration or litigation.

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

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

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.

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

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.

Signatures

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

[Client Full Legal Name]

• Signature: ____________________________

[Contractor Full Legal Name]

• Signature: ____________________________