Nevada creative independent contractor agreement template

Nevada Creative Independent Contractor Agreement

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

[Client Name], a [Client Entity Type, e.g., Nevada Corporation] with its principal place of business at [Client Nevada Address], and Nevada Business License Number [Client Business License Number, if applicable] (hereinafter referred to as “Client”),

and

[Contractor Name], residing at [Contractor Nevada Address], and Nevada Business License Number [Contractor Business License Number, if applicable] (hereinafter referred to as “Contractor”).

1. Services

Contractor agrees to provide the following creative services to Client (the "Services"):

Option A: [Description of Services, e.g., Graphic Design, Web Development, Copywriting, Multimedia Production]

Option B: Detailed Scope of Work: [Detailed description of the scope of work] including specific deliverables, quality standards, file formats, and required revisions.

Option C: Deliverables: [List of Specific Deliverables] with acceptance criteria.

2. Project Timeline and Milestones

The Services shall be performed according to the following timeline and milestones:

Option A: Project Start Date: [Date]

Option B: Project Completion Date: [Date]

Option C: Milestones:

Milestone 1: [Description of Milestone 1] - Due Date: [Date]

Milestone 2: [Description of Milestone 2] - Due Date: [Date]

Milestone 3: [Description of Milestone 3] - Due Date: [Date]

3. Contractor Independence

Contractor will perform the Services as an independent contractor, consistent with Nevada Revised Statute (NRS) 608.0155.

Option A: Contractor will determine the method, details, and means of performing the Services.

Option B: Client acknowledges that Contractor provides services independently, uses their own tools and methods, sets their work hours, and bears their own business risk.

Option C: Contractor is not an employee, partner, or agent of Client.

4. Compensation

Client shall compensate Contractor for the Services as follows:

Option A: Flat Project Fee: [Dollar Amount]

Option B: Hourly Rate: [Dollar Amount] per hour

Option C: Milestone-Based Payments:

Milestone 1 Payment: [Dollar Amount] upon completion of [Milestone 1 Description]

Milestone 2 Payment: [Dollar Amount] upon completion of [Milestone 2 Description]

Milestone 3 Payment: [Dollar Amount] upon completion of [Milestone 3 Description]

Payment shall be made within [Number] days of receipt of a valid invoice from Contractor. Contractor is responsible for all applicable Nevada taxes, including self-employment tax and Modified Business Tax if applicable.

5. Expenses

Client shall reimburse Contractor for reasonable and pre-approved expenses incurred in connection with the Services.

Option A: Maximum Expense Reimbursement: [Dollar Amount]

Option B: Pre-Approval Required: All expenses exceeding [Dollar Amount] must be pre-approved in writing by Client.

Option C: Reimbursable Expenses: [List of Reimbursable Expenses, e.g., travel, materials]

6. Intellectual Property

Ownership of intellectual property rights in the work product created pursuant to this Agreement shall be as follows:

Option A: Client Ownership: All right, title, and interest in and to the work product, including all copyrights, shall vest in Client. Contractor agrees to execute any documents necessary to effectuate this assignment. A work-for-hire provision under U.S. copyright law applies.

Option B: Contractor Ownership with License: Contractor shall retain ownership of the copyright in the work product, but grants to Client a [Type of License, e.g., perpetual, irrevocable, non-exclusive] license to use the work product for [Specific Uses].

Option C: Portfolio Use: Contractor shall have the right to use the work product in their portfolio for self-promotion purposes, subject to Client's reasonable restrictions.

7. Confidentiality

Contractor agrees to hold Client's confidential information in strict confidence.

Option A: Definition of Confidential Information: Includes but is not limited to drafts, client branding, marketing concepts, proprietary content, and client business data.

Option B: Non-Disclosure: Contractor shall not disclose Client's confidential information to any third party without Client's prior written consent.

Option C: Data Security: Contractor will implement reasonable measures to protect the security of Client's confidential information.

8. Insurance and Licensing

Contractor represents and warrants that they maintain all required insurance and licenses to perform the Services in Nevada.

Option A: General Liability Insurance: Contractor maintains general liability insurance with a minimum coverage of [Dollar Amount].

Option B: Errors and Omissions Insurance (if applicable): Contractor maintains Errors and Omissions insurance with a minimum coverage of [Dollar Amount].

Option C: Nevada Business License: Contractor possesses a valid Nevada Business License.

9. Representations and Warranties

Contractor represents and warrants that:

Option A: Original Work: The work product created pursuant to this Agreement is original and does not infringe on the intellectual property rights of any third party.

Option B: Compliance with Laws: Contractor will perform the Services in compliance with all applicable Nevada laws and regulations.

Option C: Third-Party Materials: If third-party materials are used, Contractor will obtain all necessary licenses and permissions.

10. Limitation of Liability

Client's liability for any breach of this Agreement shall be limited to the amount paid to Contractor for the Services.

Option A: Exclusion of Consequential Damages: In no event shall Client be liable for any consequential, incidental, indirect, or punitive damages.

Option B: Indemnification: Contractor shall indemnify and hold Client harmless from any claims arising from Contractor's negligence or breach of this Agreement, including intellectual property infringement.

Option C: Remedy for Unsatisfactory Work: If Client is unsatisfied with the Services, Client's sole remedy is to request revisions within [Number] days of delivery.

11. Taxes

Contractor is solely responsible for all self-employment, income, and applicable Nevada business taxes arising from payments made under this Agreement. Client will not withhold taxes or provide benefits.

12. Change Orders

Any changes to the scope of work or compensation must be documented in a written change order signed by both parties.

13. Term and Termination

This Agreement shall commence on [Start Date] and shall continue until [End Date] or until the Services are completed.

Option A: Termination for Convenience: Either party may terminate this Agreement for convenience upon [Number] days written notice.

Option B: Termination for Cause: Either party may terminate this Agreement for cause if the other party breaches a material term of this Agreement.

Option C: Obligations Upon Termination: Upon termination, Contractor shall deliver all completed work product to Client, and Client shall pay Contractor for all Services performed up to the date of termination.

14. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved as follows:

Option A: Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiation.

Option B: Mediation: If negotiation fails, the parties shall submit the dispute to mediation in Nevada.

Option C: Arbitration: If mediation fails, the dispute shall be resolved by binding arbitration in Nevada under Nevada law. The venue for any legal dispute shall be the state courts of Nevada.

15. Compliance with Laws

Contractor shall comply with all applicable Nevada and federal laws and regulations, including privacy standards for digital work.

16. Restrictive Covenants

To the extent permissible under Nevada law (NRS 613.195), the following applies:

Option A: Non-Solicitation: During the term of this Agreement and for a period of [Number] months following termination, Contractor shall not solicit Client's employees or customers. This is narrowly tailored to protect Client's legitimate business interests.

Option B: Non-Disparagement: Contractor agrees not to disparage Client or its products or services.

Option C: Acknowledgment of Nevada Law: The parties acknowledge that Nevada law strictly construes non-compete agreements.

17. Miscellaneous

Option A: Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Option B: Amendments: Any amendment to this Agreement must be in writing and signed by both parties.

Option C: Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

Option D: Assignment: This Agreement may not be assigned by either party without the prior written consent of the other party, except as permitted under Nevada law.

Option E: Notices: All notices under this Agreement shall be in writing and delivered to the addresses set forth above.

Option F: Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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]