Nevada independent contractor agreement template

Nevada Independent Contractor Agreement

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

• [Company Legal Name], a [Company Type, e.g., Corporation] with its principal place of business at [Company Address] (“Company”), and
• [Contractor Legal Name], residing at [Contractor Address] (“Contractor”).

Company and Contractor are each individually referred to herein as a "Party" and collectively as the "Parties."

1. Identification of Parties

• Company Information:
  • Legal Name: [Company Legal Name]
  • Address: [Company Address]
  • Contact Person: [Company Contact Person]
  • Email: [Company Email]
  • Phone: [Company Phone]
  • Federal Tax ID (EIN): [Company EIN]
• Contractor Information:
  • Legal Name: [Contractor Legal Name]
  • Address: [Contractor Address]
  • Contact Person: [Contractor Contact Person]
  • Email: [Contractor Email]
  • Phone: [Contractor Phone]
  • Federal Tax ID (EIN/SSN): [Contractor EIN/SSN]
  • Nevada Business License Number (if applicable): [Contractor Nevada Business License Number]

2. Description of Services

• Contractor agrees to provide the following services to Company (the "Services"): [Description of Services].
• Scope of Work: [Detailed Scope of Work]
• Deliverables: [List of Deliverables]
• Milestones: [List of Milestones with Dates]
• Timeline: [Overall Project Timeline]

3. Location of Services

• Option A: The Services shall be performed at [Location of Service Performance].
• Option B: The Services shall be performed remotely.
• Option C: The Services shall be performed at client sites as directed by Company.

4. Independent Contractor Relationship

• Contractor is an independent contractor of Company. Nothing in this Agreement shall be construed to create an employer-employee relationship, partnership, joint venture, or agency relationship between Company and Contractor.
• Contractor acknowledges that Contractor is not entitled to any employee benefits from Company, including, but not limited to, health insurance, retirement plans, paid time off, or workers' compensation (unless Contractor separately obtains workers’ compensation coverage).
• Contractor acknowledges and agrees that they are responsible for providing proof of compliance with the Nevada Revised Statutes (NRS) concerning the definition of an independent contractor.
• Contractor represents, warrants, and certifies to Company that Contractor meets at least one of the requirements under NRS 608.0155 or NRS 616B.603 for establishing independent contractor status (including providing a Nevada business license if required), plus six or more conditions from enumerated criteria under the aforementioned statutes. Contractor also acknowledges no supervisory control by the Company.

5. Exclusivity

• Option A: Contractor’s services under this Agreement shall be exclusive to Company during the Term.
• Option B: Contractor’s services under this Agreement shall be non-exclusive, and Contractor may perform services for other clients.

6. Term and Termination

• Option A: This Agreement shall commence on [Start Date] and shall continue for a fixed term ending on [End Date].
• Option B: This Agreement shall commence on [Start Date] and shall continue until the completion of the Services.
• Option C: This Agreement shall commence on [Start Date] and shall continue until terminated by either Party as provided herein.

Termination:

• Option A: Either Party may terminate this Agreement upon [Number] days written notice to the other Party.
• Option B: Company may terminate this Agreement immediately for cause if Contractor breaches any material term of this Agreement.
• Option C: Contractor may terminate this Agreement immediately for cause if Company breaches any material term of this Agreement.

Effect of Termination: Upon termination of this Agreement, Contractor shall return all Company property and cease all work for Company. Company shall pay Contractor for all Services properly performed up to the date of termination.

7. Compensation

• Payment Rate:
  • Option A: Company shall pay Contractor at an hourly rate of [Hourly Rate] per hour.
  • Option B: Company shall pay Contractor a fixed fee of [Fixed Fee] for the completion of the Services.
  • Option C: Company shall pay Contractor a retainer of [Retainer Amount] per [Time Period, e.g., month].
• Payment Schedule: [Payment Schedule, e.g., Bi-weekly, Monthly, Upon Completion of Milestones]
• Method of Payment: [Method of Payment, e.g., Check, Wire Transfer, Direct Deposit]
• Expense Reimbursement: [Expense Reimbursement Policy]
• Invoicing: Contractor shall submit invoices to Company on a [Frequency, e.g., monthly] basis.
• Late Payment: In the event of late payment, Company shall pay interest on the outstanding balance at a rate of [Interest Rate] per month, or the highest rate permitted by Nevada law, whichever is lower.

8. Tax Responsibilities

Contractor acknowledges and agrees that Contractor is solely responsible for all federal, state, and local taxes, including self-employment taxes, Social Security, Medicare, and any other applicable taxes. Company will not withhold any taxes from payments made to Contractor. Contractor is responsible for filing all necessary tax forms, including IRS Form 1099-NEC. Contractor acknowledges responsibility for Nevada state unemployment insurance.

9. Contractor Equipment

Contractor shall provide all equipment, materials, and tools necessary to perform the Services, at Contractor's own expense.

10. Control over Work

Contractor shall have control over how the Services are performed and the scheduling of the work. Company will provide general direction but will not control the details of the work.

11. Performance Standards (Optional)

Minimum Service Levels: [Description of Minimum Service Levels or Performance Standards]

12. Confidentiality

Contractor agrees to hold confidential all proprietary or confidential information of Company accessed during the relationship. This obligation shall survive the termination of this Agreement.

13. Data Security and Privacy (Optional)

• Data Security: [Description of Data Security Requirements]
• Privacy: [Description of Privacy Requirements]

14. Intellectual Property

• Option A: Work for Hire. All work product created by Contractor in connection with the Services shall be owned exclusively by Company.
• Option B: Assignment. Contractor hereby assigns to Company all right, title, and interest in and to any work product, invention, trademark, patent, copyrights, or related materials created during the engagement.

Pre-Existing Intellectual Property: Contractor retains ownership of any pre-existing intellectual property owned by Contractor prior to the commencement of this Agreement. Company retains ownership of any pre-existing intellectual property owned by Company prior to the commencement of this Agreement.

15. Non-Solicitation (Optional)

Non-Solicitation: During the term of this Agreement and for a period of [Number] years following its termination, Contractor shall not solicit, directly or indirectly, any customer or employee of Company.

16. Non-Compete (Optional - Enforceability Varies)

Non-Compete: During the term of this Agreement and for a period of [Number] years following its termination, Contractor shall not engage in any business that competes with the business of Company within [Geographic Area]. Note: Enforceability of non-compete clauses varies and must comply with Nevada law.

17. Representations and Warranties

Contractor represents and warrants that Contractor is qualified to perform the Services, has the right to enter into this Agreement, and will comply with all applicable laws and regulations.

18. Insurance

Contractor shall maintain the following insurance coverage:

• General Liability Insurance: [Minimum Coverage Amount]
• Professional Liability Insurance: [Minimum Coverage Amount]
• Workers’ Compensation Insurance: (If required by Nevada law or industry practice): [Minimum Coverage Amount]

Contractor shall provide Company with certificates of insurance evidencing such coverage.

19. Indemnification

Contractor shall indemnify and hold harmless Company from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to Contractor’s performance of the Services or breach of this Agreement.

20. Compliance with Laws

Contractor shall comply with all applicable local, state (including Nevada), and federal laws and regulations in performing the Services.

21. Notification of Material Changes

Contractor shall promptly notify Company of any material changes that may affect Contractor's ability to perform the Services, including but not limited to changes in licensure, legal eligibility, or claims.

22. Amendments

This Agreement may be amended only by a written instrument signed by both Parties.

23. Dispute Resolution

• Option A: Negotiation: The Parties shall first attempt to resolve any dispute through good-faith negotiation.
• Option B: Mediation: If negotiation fails, the Parties shall submit the dispute to mediation in [City, State].
• Option C: Arbitration: 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. The arbitration shall take place in [City, State].
• Option D: Litigation: Any dispute arising out of or relating to this Agreement shall be resolved in the state or federal courts located in [City, State].

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

24. Termination Provisions

• Grounds for Early Termination: [List of Grounds for Early Termination]
• Notice Period: [Number] days written notice.
• Termination for Convenience: Either party may terminate for convenience.
• Termination for Cause: [Definition of Termination for Cause]
• Effect of Termination on Outstanding Payments: [Description of Effect on Payments]
• Contractor Obligations Upon Termination: Contractor shall return all Company property upon termination.

25. Assignment

• Option A: Contractor may not assign this Agreement or delegate its duties without the prior written consent of Company.
• Option B: Contractor may assign this agreement without consent.

26. Force Majeure

Neither Party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by a force majeure event, including but not limited to acts of God, war, terrorism, or natural disasters.

27. Entire Agreement

This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

28. Severability

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

29. 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.

30. Nevada-Specific Requirements

• Contractor acknowledges that Company exercises no supervisory control over the performance of the Services.
• This Agreement complies with Nevada Revised Statutes (NRS) concerning the definition of an independent contractor.
• Contractor is responsible for adhering to Nevada’s requirements for licensure or registration in regulated professions.
• Optional: A completed “Nevada Notice of Independent Contractor Relationship” form is attached hereto as Exhibit A.

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

[Company Legal Name]

By: [Company Representative Name]

Title: [Company Representative Title]

Date: [Date]

[Contractor Legal Name]

By: [Contractor Name]

Title: [Contractor Title] (If Applicable)

Date: [Date]