New Hampshire consulting independent contractor agreement template

New Hampshire Consulting Independent Contractor Agreement

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

[Client Legal Name], located at [Client Address], hereinafter referred to as “Client,”

and

[Consultant Legal Name], located at [Consultant Address], hereinafter referred to as “Consultant.”

1. Services

Option A: Consultant shall provide the following consulting services to Client (the “Services”): [Detailed Description of Services, including project goals, scope of work, project phases, expected outcomes, and levels of customization].

Option B: Consultant shall perform the Services as described in Exhibit A, attached hereto and incorporated herein by reference.

Performance Milestones and Reporting:

Consultant shall achieve the following performance milestones: [List Milestones with Dates].

Consultant shall provide Client with written reports on the progress of the Services according to the following schedule: [Reporting Schedule]. These reports will be delivered in [Format of Work Product Submission].

2. Location of Services

Option A: The Services shall be performed at Client’s location at [Client Address]. Client will provide Consultant with access to its facilities and systems in accordance with Client's policies as communicated to Consultant. Permitted use of client systems includes [Describe permitted use of client systems].

Option B: The Services shall be performed at Consultant’s location at [Consultant Address].

Option C: The Services shall be performed remotely. Consultant is responsible for providing their own equipment and internet access.

Option D: The Services will be performed on a hybrid basis, both at [Client Address] and [Consultant Address].

3. Compensation

Option A: Client shall pay Consultant at an hourly rate of [Hourly Rate] per hour for all Services performed.

Option B: Client shall pay Consultant a daily rate of [Daily Rate] per day for all Services performed.

Option C: Client shall pay Consultant a retainer fee of [Retainer Amount] per [Time Period].

Option D: Client shall pay Consultant a fixed fee of [Fixed Fee] for the completion of the Services described in Section 1.

Payment Schedule: [List Payment Schedule based on milestones or deliverables].

Invoices: Consultant shall submit invoices to Client on a [Frequency, e.g., monthly] basis. All invoices must include a detailed description of the Services performed, the date(s) of performance, and the total amount due. Payments are due within [Number] days of invoice receipt.

Expenses: Client shall reimburse Consultant for reasonable pre-approved expenses incurred in connection with the performance of the Services. Pre-approval must be in writing. Allowable expenses include: [List Allowable Expenses, e.g., travel, lodging, materials].

Late Payment: Late payments shall accrue interest at a rate of [Interest Rate] per month, or the maximum rate allowed by New Hampshire law, whichever is lower. Client shall be responsible for all collection costs, including reasonable attorney's fees, incurred by Consultant in connection with the collection of overdue amounts.

4. Ownership and Intellectual Property

Option A: All work product, including but not limited to reports, analyses, software, and other materials, created by Consultant in connection with the Services shall be the sole and exclusive property of Client.

Option B: All work product created by Consultant in connection with the Services shall be the property of Consultant. Consultant grants Client a [Type of License, e.g., perpetual, non-exclusive] license to use the work product for [Purpose of License].

Consultant agrees to assign all rights, title, and interest in and to the work product to Client, if applicable. Consultant will deliver all data to Client upon termination of the agreement.

5. Confidentiality

Consultant agrees to hold all Confidential Information of Client in strict confidence and not to disclose such information to any third party without Client’s prior written consent. "Confidential Information" includes, but is not limited to, [List examples of confidential information, e.g., client lists, financial information, trade secrets].

This confidentiality obligation shall survive the termination of this Agreement for a period of [Number] years. Consultant shall comply with all applicable New Hampshire data privacy laws.

6. Independent Contractor Relationship

It is expressly understood and agreed that Consultant is an independent contractor and not an employee, partner, or joint venturer of Client. Client shall not be responsible for withholding any taxes from Consultant’s compensation.

Consultant shall be solely responsible for the payment of all federal and New Hampshire self-employment, business, and income taxes, and any other taxes or assessments required by law. Consultant acknowledges they are not covered under Client's worker's compensation insurance per New Hampshire law.

Consultant is responsible for obtaining any required New Hampshire business licenses or registrations.

7. Representations and Warranties

Consultant represents and warrants that:

Consultant is qualified to perform the Services.

The Services will be performed in a professional and workmanlike manner.

The Services will not infringe upon the intellectual property rights of any third party.

Consultant maintains [Type of Insurance, e.g., professional liability] insurance in the amount of [Amount].

8. Liability and Insurance

Consultant's liability to Client for any damages arising out of or in connection with this Agreement shall be limited to the amount of compensation paid by Client to Consultant under this Agreement.

Consultant shall indemnify and hold Client harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with Consultant’s performance of the Services.

Consultant maintains [Type of Insurance, e.g., professional liability] insurance in the amount of [Amount].

9. Subcontracting

Option A: Consultant shall not subcontract any portion of the Services without Client’s prior written consent.

Option B: Consultant may subcontract the following portions of the Services: [List of Services that may be subcontracted]. Consultant remains fully responsible for the performance of all subcontractors.

All subcontractors must comply with the terms of this Agreement and all applicable New Hampshire legal obligations.

10. Termination

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

Option B: Client may terminate this Agreement immediately for cause, including but not limited to Consultant’s breach of this Agreement or Consultant’s failure to perform the Services in a satisfactory manner.

Upon termination, Client shall pay Consultant for all Services performed up to the date of termination. Client may withhold payment for uncompleted or deficient work. Consultant shall return all Client property and data to Client within [Number] days of termination.

11. Dispute Resolution

The parties agree to attempt to resolve any disputes arising out of or in connection with this Agreement through informal negotiation. If negotiation fails, the parties agree to [Method of Dispute Resolution, e.g., mediation, arbitration] in [City, State].

This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire. The venue for any legal action arising out of or in connection with this Agreement shall be in the state or federal courts located in [County], New Hampshire.

12. Non-Solicitation/Non-Competition

Consultant agrees that during the term of this Agreement and for a period of [Number] months following the termination of this Agreement, Consultant shall not solicit or attempt to solicit any employees or clients of Client within [Geographic Area]. This clause is limited to the extent permitted by New Hampshire law.

13. Compliance with Laws

Consultant shall comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to the New Hampshire Business Profits Tax.

14. Amendments

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

15. Points of Contact

Client’s Point of Contact: [Client Name], [Client Email], [Client Phone Number].

Consultant’s Point of Contact: [Consultant Name], [Consultant Email], [Consultant Phone Number].

16. Document Retention

Consultant shall retain all records relating to the Services performed under this Agreement for a period of [Number] years, in compliance with any applicable New Hampshire recordkeeping requirements.

17. Severability

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

18. Business Entity Verification

If Consultant is a business entity, Consultant represents that it is duly organized, validly existing, and in good standing under the laws of the State of [State of Formation], and is qualified to do business in New Hampshire. Consultant shall provide Client with proof of its formal organization and registration upon request.

19. 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.

Each party acknowledges that they have read this Agreement, have had the opportunity to seek independent legal counsel, and agree to its terms and conditions freely and voluntarily.

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

[Client Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]

[Consultant Legal Name]

By: [Consultant Signature]

Name: [Consultant Printed Name]

Title: [Consultant Title]