Nebraska independent contractor agreement template

Nebraska Independent Contractor Agreement

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

[Client Legal Name], with a principal place of business at [Client Address], (hereinafter referred to as “Client”), and

[Contractor Legal Name], with a principal place of business/residence at [Contractor Address], (hereinafter referred to as “Contractor”).

1. Scope of Work

Option A: The Contractor shall perform the following services for the Client: [Description of Services].

Option B: The Contractor shall complete the following project for the Client: [Description of Project]. Milestones and Deliverable Schedule: [Schedule Details].

Work Location:

Option A: On-site at [Location].

Option B: Remote.

Option C: Client's Premises.

The Contractor shall have complete control over the manner and means of performing the services, subject only to the Client's right to specify the desired results.

2. Independent Contractor Relationship

The parties intend that an independent contractor relationship will be created by this Agreement. It is expressly understood and agreed that the Contractor is acting as an independent contractor and not as an employee, partner, joint venturer, or agent of the Client.

The Contractor shall be solely responsible for all federal, state, and local taxes (including self-employment taxes), insurance (including workers' compensation if applicable in Nebraska), and other obligations arising out of or relating to the performance of services under this Agreement.

Option A: The Client shall not be responsible for withholding any taxes from payments made to the Contractor.

Option B: (If applicable under Nebraska law) The Contractor represents that they maintain their own workers’ compensation insurance as required by Nebraska law.

Contractor Acknowledgement: The Contractor acknowledges that Client will not provide workers compensation coverage for the Contractor.

3. Term and Termination

Option A: This Agreement shall commence on [Start Date] and shall continue until [End Date].

Option B: This Agreement shall commence on [Start Date] and shall continue until the services are completed.

Option C: This Agreement is ongoing and may be terminated by either party upon [Number] days written notice.

Option D: At-will: Either party may terminate this Agreement at any time, with or without cause, upon providing written notice of termination to the other party.

The Client may terminate this agreement immediately if the Contractor breaches any material term of this agreement.

4. Compensation and Payment

Option A: The Client shall pay the Contractor a flat fee of [Dollar Amount] for the services rendered.

Option B: The Client shall pay the Contractor at an hourly rate of [Dollar Amount] per hour.

Option C: The Client shall pay the Contractor according to the following milestone schedule: [Milestone Details and Payment Amounts].

The Contractor shall submit invoices to the Client [Frequency, e.g., monthly].

The Client shall pay all invoices within [Number] days of receipt.

Reimbursement of Expenses:

Option A: The Client shall reimburse the Contractor for reasonable out-of-pocket expenses incurred in connection with the performance of the services, subject to prior written approval by the Client.

Option B: The client will not reimburse expenses.

Late Payment Penalty:

Option A: Late payments shall accrue interest at a rate of [Percentage] per month.

Option B: There will be no penalty for late payment.

5. Taxes

The Contractor is solely responsible for the payment of all applicable federal, state, and local taxes, including but not limited to self-employment taxes, income taxes, and any other taxes or assessments arising out of or relating to the performance of the services under this Agreement. The Client will not withhold any federal or state taxes, Social Security, or Medicare from payments made to the Contractor.

6. Materials and Equipment

Option A: The Client shall provide the Contractor with all materials, tools, and equipment necessary to perform the services.

Option B: The Contractor shall provide all materials, tools, and equipment necessary to perform the services.

Responsibility for Business Costs: The Contractor is responsible for all costs associated with operating their business.

7. Confidentiality

The Contractor agrees to hold all Confidential Information (as defined below) of the Client in strict confidence and not to disclose such Confidential Information to any third party or use it for any purpose other than the performance of the services under this Agreement.

"Confidential Information" includes, but is not limited to, [Specify Types of Information].

Exceptions: This confidentiality obligation does not apply to information that is: (a) already known to the Contractor; (b) becomes publicly available through no fault of the Contractor; or (c) is required to be disclosed by law.

Term: This confidentiality obligation shall continue during the term of this Agreement and for a period of [Number] years after termination.

8. Intellectual Property

Option A (Work Made for Hire): All inventions, deliverables, and work results created by the Contractor in connection with the performance of the services under this Agreement shall be considered "work made for hire" and shall be owned exclusively by the Client.

Option B (Assignment): The Contractor hereby assigns to the Client all right, title, and interest in and to any inventions, deliverables, and work results created by the Contractor in connection with the performance of the services under this Agreement.

Option C (Contractor Retains Rights): The Contractor retains all rights to their pre-existing IP. The Client is granted a license to use the final deliverables according to the following terms: [License Terms].

9. Non-Solicitation (Optional)

During the term of this Agreement and for a period of [Number] years after termination, the Contractor shall not, directly or indirectly, solicit, recruit, or hire any employee, contractor, or customer of the Client. This clause is intended to be enforceable under Nebraska law.

10. Non-Compete (Optional - *Consider Nebraska Law Enforceability*)

During the term of this Agreement and for a period of [Number] years after termination, within a radius of [Number] miles from [Location], the Contractor shall not engage in any business that competes with the business of the Client. This restriction applies to the following activities: [Specify Prohibited Activities].

This clause is intended to be enforceable under Nebraska law, taking into consideration the reasonableness of the geographic scope, duration, and prohibited activities. The parties acknowledge the enforceability limitations of non-compete clauses under Nebraska law.

11. Modification

This Agreement may be modified or amended only by a written instrument signed by both parties.

12. Termination

In addition to any other termination rights provided herein, this Agreement may be terminated:

By either party for material breach, if the breaching party fails to cure such breach within [Number] days after written notice thereof.

Upon completion of the services.

By mutual written agreement of the parties.

Upon termination of this Agreement, the Client shall pay the Contractor for all services rendered up to the date of termination.

Upon termination of this Agreement, the Contractor shall promptly return to the Client all Client property and Confidential Information in the Contractor's possession or control.

13. Representations and Warranties

Each party represents and warrants to the other that:

It has the legal right and authority to enter into this Agreement.

Its performance of this Agreement will not violate any applicable law or regulation.

The Contractor represents and warrants that the services performed shall be free of defects.

14. 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: (a) the Contractor's breach of this Agreement; (b) the Contractor's negligence or willful misconduct; (c) any infringement of any intellectual property rights by the Contractor; or (d) any third-party claims arising out of the Contractor's performance of the services.

15. Insurance

Option A: The Contractor shall maintain general business liability insurance with coverage of at least [Dollar Amount] per occurrence.

Option B: The Contractor shall maintain professional liability (errors and omissions) insurance with coverage of at least [Dollar Amount] per claim.

Evidence of Insurance: The Contractor shall provide the Client with a certificate of insurance evidencing such coverage.

16. Dispute Resolution

Option A: The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through mediation.

Option B: Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.

Option C: Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal or state courts located in [County Name], Nebraska.

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

17. Choice of Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of laws principles. The venue for any legal action arising out of or relating to this Agreement shall be in the state or federal courts located in Nebraska.

18. 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.

19. No Benefits

The Contractor is not entitled to any employee benefits from the Client, including but not limited to health insurance, paid leave, or retirement plans. The contractor waives any and all claims to any such benefits.

20. Compliance with Laws

The Contractor shall comply with all applicable federal, state, and local laws and regulations in performing the services under this Agreement, including but not limited to labor laws, anti-discrimination laws, and safety regulations. This includes compliance with Nebraska's anti-discrimination and harassment laws.

21. Nebraska Contractor Registration Act (If Applicable)

Option A: Contractor Registration Number: [Registration Number].

Option B: Contractor is exempt from registration per Nebraska statute.

22. 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.

23. Force Majeure (Optional)

Neither party shall be liable for any failure to perform its obligations under this Agreement to the extent that such failure is caused by a force majeure event, such as acts of God, war, terrorism, or natural disasters.

24. Notice

All notices under this Agreement shall be in writing and shall be deemed to be duly given when personally delivered, sent by certified mail, return receipt requested, or sent by overnight courier to the addresses set forth above.

25. Electronic Execution

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A facsimile or electronic (e.g., PDF) copy of this Agreement, with signatures, shall be considered binding as an original.

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

____________________________

[Client Legal Name]

By: ____________________________

[Client Representative Name]

Title: [Client Representative Title]

____________________________

[Contractor Legal Name]

By: ____________________________

[Contractor Name]