Nebraska design independent contractor agreement template

Nebraska Design Independent Contractor Agreement

This Nebraska Design Independent Contractor Agreement (the “Agreement”) is made and effective as of this [Date], by and between:

[Client Name], located at [Client Mailing Address], Phone: [Client Phone], Email: [Client Email] (hereinafter referred to as “Client”),

and

[Contractor Name], located at [Contractor Mailing Address], Phone: [Contractor Phone], Email: [Contractor Email] (hereinafter referred to as “Contractor”).

1. Scope of Services

Option A: The Contractor will provide the following design services: [Detailed Description of Design Services, including specific tasks, project phases, technical requirements, tools, and platforms].

Option B: The Contractor will perform design services as detailed in Exhibit A attached hereto.

Exhibit A: [Description of services, including standard of quality/creativity expected.]

2. Project Milestones and Timeline

Option A: The project milestones and timelines are as follows: [List of milestones, deadlines for drafts, feedback, revisions, and final submissions. Number of allowable revision rounds: [Number]]. Process for approving deliverables: [Approval process].

Option B: As detailed in Exhibit B attached hereto.

Exhibit B: [Milestones and timeline details]

3. Deliverable Submission

Option A: The Contractor will submit deliverables in the following method and format: [Digital files, print-ready files, source files, physical models].

File format: [Format].

File retention period by contractor: [Retention Period, if any].

Option B: As otherwise agreed upon by both parties.

4. Location of Service Performance

Option A: The Contractor will perform services [Remotely / At Client Site at [Client Address] / At a Third-Party Venue at [Third-Party Venue Address]].

Option B: Primarily remotely, with occasional on-site meetings at [Client Site Address].

5. Compensation

Option A: The Client will compensate the Contractor at a rate of [Dollar Amount] per [Hour/Project/Milestone].

Reimbursable expenses: [List of reimbursable expenses such as materials, travel within Nebraska, subcontractor costs. Pre-approval process: [Process]].

Payment schedule: [Dates, milestones, method (electronic transfer, check), invoice requirements].

Option B: Total project fee is [Dollar Amount], payable according to Exhibit C.

Exhibit C: [Detailed Payment Schedule and Terms]

Late payment penalty: [Percentage or fixed amount] per [Day/Week/Month].

Nebraska Sales/Use Tax Responsibility: [Responsible Party]. Contractor W-9 required.

6. Intellectual Property Ownership

Option A: The Client will own all rights, title, and interest in and to the final deliverables. The Contractor retains the right to use the work in their portfolio.

Option B: Client owns deliverables, but Contractor retains ownership of pre-existing intellectual property.

Assignment and Waiver of Moral Rights: Contractor [Assigns/Does Not Assign] moral rights to Client.

Licensing Rights for Third-Party Content: [Details of licensing or usage rights for third-party content].

7. Confidentiality

Option A: The Contractor agrees to hold all Client information confidential.

Option B: As outlined in the attached Non-Disclosure Agreement [NDA Title/Attachment Reference].

Data Protection Obligations: [Specific details re: protection of client proprietary information and sensitive design concepts, including alignment with Nebraska privacy statutes].

8. Independent Contractor Status

The Contractor is an independent contractor and not an employee, partner, or agent of the Client.

The Contractor is responsible for all Nebraska and federal self-employment taxes, workers’ compensation (if not waived), unemployment insurance, and business registration.

9. Licenses and Compliance

Option A: The Contractor warrants that they possess all required professional licenses or design certifications necessary to perform the services under this Agreement, and agrees to maintain those licenses during the term of this agreement.

Option B: Contractor to comply with all applicable Nebraska industry codes and standards.

10. Sub-Contracting

The Contractor [May/May Not] subcontract any portion of the services under this Agreement.

If permitted, prior written approval from the Client is [Required/Not Required].

Subcontractor tax compliance checks: [Required/Not Required].

11. Liability and Indemnification

Option A: The Contractor agrees to indemnify and hold harmless the Client from any claims arising out of the Contractor's negligence or willful misconduct.

Option B: Contractor maintains Commercial General Liability insurance of [Dollar Amount] and Professional Liability (Errors and Omissions) insurance of [Dollar Amount].

Limits of Liability: [Specific limits of liability permissible under Nebraska contract law].

12. Breach of Contract

Notice and Cure Period: [Number] days for the breaching party to cure the breach.

Remedies: [Specific remedies available to non-breaching party].

Damages: [Calculation of Damages]. Liquidated damages [Are/Are Not] applicable.

13. Termination

Option A: This Agreement may be terminated by either party with [Number] days written notice.

Option B: Termination for cause is effective immediately. Termination for convenience requires [Number] days notice.

Obligations upon Termination: [Final payment, return of client materials, delivery of work-in-progress. Rights to incomplete work].

14. Client Review and Acceptance

Client has [Number] days to review and approve deliverables.

Grounds for Rejection: [Specific grounds for rejection].

15. Dispute Resolution

Option A: Any disputes shall be resolved through negotiation and mediation in [City, Nebraska].

Option B: Exclusive venue and jurisdiction: [County], Nebraska.

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

Attorney Fees and Costs: [Details re: attorney fees and costs provisions].

16. Non-Solicitation and Non-Circumvention

The Contractor agrees not to solicit Client's employees or customers for a period of [Number] months following termination of this Agreement, as permitted by Nebraska law.

17. Records and Reporting

Contractor agrees to maintain records for Nebraska Department of Revenue tax audit purposes and cooperate with any required reporting to Nebraska state agencies.

18. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to force majeure events, including [Typical Nebraska weather and local disaster scenarios].

19. Representations and Warranties

The Contractor represents and warrants that all design work is original, does not infringe third-party rights, and meets Nebraska legal and ethical standards for design services.

20. Entire Agreement, Amendment, Waiver, Severability

This Agreement constitutes the entire agreement between the parties.

Any amendment must be in writing and signed by both parties.

Waiver of any provision shall not be deemed a waiver of any other provision.

If any provision is held invalid, the remaining provisions shall remain in effect.

21. Special Requirements/NDA (Optional)

[Client Requirements or NDA Terms, particularly if working with agribusiness, health care, government, or other Nebraska-regulated industry clients].

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]