New Hampshire creative independent contractor agreement template

New Hampshire Creative Independent Contractor Agreement

This New Hampshire Creative Independent Contractor Agreement ("Agreement") is made and entered into as of [Date], by and between:

• [Client Name], with a principal place of business at [Client Address], hereinafter referred to as "Client,"
• and
• [Contractor Name], with a principal place of business/mailing address at [Contractor Address], hereinafter referred to as "Contractor."

1. Description of Services

The Contractor agrees to provide the following creative services to the Client:

• Option A: [Detailed description of services, e.g., "Graphic design services for the Client's upcoming marketing campaign, including logo design, brochure design, and social media graphics."]
• Option B: [Alternative detailed description of services, e.g., "Video production services, including script writing, filming, editing, and post-production for a 3-minute promotional video."]

Deliverables: [List of specific deliverables with defined formats, quality standards, quantity, and revision allowances, e.g., "Logo design in vector format (AI, EPS), brochure design in print-ready PDF, social media graphics in JPEG and PNG, 2 rounds of revisions included." or "Final video file in MP4 format, 1920x1080 resolution, 3 minutes in length, 3 rounds of revisions included."]

2. Scope of Work and Timeline

The Contractor shall perform the services according to the following scope of work and timeline:

• Option A: Phased Milestones:
  • Milestone 1: [Description of Milestone 1, e.g., "Initial Concept Presentation"] - Due Date: [Date]
  • Milestone 2: [Description of Milestone 2, e.g., "First Draft Design"] - Due Date: [Date]
  • Milestone 3: [Description of Milestone 3, e.g., "Final Design Delivery"] - Due Date: [Date]
• Option B: Project Completion:
  • Start Date: [Date]
  • Completion Date: [Date]

Review Points and Approval Processes: [Describe the review and approval process, e.g., "Client shall provide feedback within 3 business days of each milestone delivery. Approval shall be indicated via email."]

3. Location and Manner of Work

The Contractor shall perform the services in the following manner and location:

• Option A: Remote Work: The Contractor shall perform the services remotely using their own equipment.
• Option B: On-Site Work: The Contractor shall perform the services on-site at [Client Location]. Client shall provide access to necessary equipment and resources.

Access to Client Materials: [Specify access to client materials, e.g., "Client shall provide access to brand guidelines and marketing materials."]

Use of Personal Equipment: [Specify the use of personal equipment, e.g., "Contractor will use their own design software and hardware."]

4. Compensation and Payment

The Client shall compensate the Contractor as follows:

• Option A: Flat Fee: A flat fee of [Amount] for the completion of all services described in Section 1.
• Option B: Hourly Rate: An hourly rate of [Amount] per hour, with a maximum of [Number] hours.
• Option C: Per Deliverable: [Specify payment per deliverable, e.g., "$[Amount] per logo design, $[Amount] per brochure page."]

Payment Schedule: [Detailed payment schedule, e.g., "50% upfront payment upon signing of this agreement, 50% upon final delivery and approval of all deliverables."]

Invoicing Practices: [Describe invoicing practices, e.g., "Contractor shall submit invoices to Client via email on a monthly basis."]

Method of Payment: [Specify method of payment, e.g., "Payment shall be made via check or electronic funds transfer."]

5. New Hampshire Taxes

The Contractor is responsible for all applicable New Hampshire taxes, including but not limited to self-employment tax. Contractor acknowledges that New Hampshire has no state income tax. If applicable to the creative product (e.g., tangible goods), the contractor is responsible for collecting and remitting local taxes. The Contractor is responsible for understanding and complying with New Hampshire Business Profits Tax (BPT) and Business Enterprise Tax (BET) requirements if operating as a business entity.

6. Expense Reimbursement

The Client shall reimburse the Contractor for pre-approved expenses incurred in connection with the performance of the services, subject to the following conditions:

• Pre-Approval: All expenses must be pre-approved by the Client in writing.
• Documentation: The Contractor must provide receipts and documentation for all expenses.
• Covered Expenses: [List covered expenses, e.g., "Software licenses, travel expenses (mileage at the IRS standard rate), third-party stock photos."]

7. Intellectual Property

• Option A: Ownership by Client: All intellectual property rights in and to the deliverables created by the Contractor under this Agreement, including but not limited to copyrights and trademarks, shall be owned exclusively by the Client. This includes all final deliverables. The parties acknowledge that this agreement explicitly states that this is a "work for hire" under New Hampshire law.
• Option B: Licensing to Client: The Contractor retains ownership of the intellectual property rights in and to the deliverables, but grants to the Client a [Type of License, e.g., "perpetual, non-exclusive, worldwide"] license to use the deliverables for [Specific Use, e.g., "marketing and promotional purposes."].

Rights to Drafts and Preliminary Concepts: [Specify rights to drafts, e.g., "Client has no rights to drafts or preliminary concepts unless explicitly agreed upon in writing."]

Moral Rights: [Address moral rights, e.g., "Contractor waives all moral rights in the deliverables to the extent permitted by law."]

8. Confidentiality

The Contractor agrees to hold confidential all Client information, trade secrets, and proprietary creative techniques disclosed to the Contractor in connection with this Agreement. This confidentiality obligation shall survive the termination of this Agreement for a period of [Number] years.

Scope of Confidential Information: [Define the scope of confidential information, e.g., "Client's business plans, customer lists, and marketing strategies."]

Exclusions: [List exclusions to confidentiality, e.g., "Information that is publicly available or already known to the Contractor."]

9. Publicity and Credit

The Client shall provide the Contractor with credit for the Contractor's work in the following manner:

• Option A: Portfolio Usage: The Contractor may use the completed work in their portfolio.
• Option B: Client Mention: The Client shall mention the Contractor's name in connection with the work on [Platforms, e.g., "Client's website and social media channels."].

Approval Requirement: [Specify whether client approval is needed for publicity, e.g., "Contractor must obtain Client's prior written approval before using the work for publicity purposes."]

10. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. The Contractor is responsible for all self-employment taxes, business registration with the New Hampshire Secretary of State (if applicable), and all required licenses or insurance. The Contractor is not entitled to any employee benefits from the Client, including unemployment or workers' compensation insurance. Contractor acknowledges that they are solely responsible for understanding and complying with all relevant New Hampshire employment laws.

11. Subcontracting

The Contractor shall not subcontract any of the services to be performed under this Agreement without the prior written consent of the Client. Any subcontractors used by the Contractor shall be subject to the same terms and conditions as set forth in this Agreement, including but not limited to confidentiality and intellectual property provisions. Client must approve subcontractors in writing.

12. Liability and Indemnification

The Contractor shall be liable for any damages caused by the Contractor's negligence or willful misconduct. The Contractor shall indemnify and hold harmless the Client from and against any claims, damages, or expenses arising out of the Contractor's breach of this Agreement, including but not limited to infringement of third-party rights. The Contractor's liability shall be limited to the amount of fees paid to the Contractor under this Agreement, except for willful misconduct or gross negligence.

Indemnification for Breaches: [Specify indemnification for breaches, e.g., "Contractor shall indemnify Client for any claims of plagiarism or non-original work."]

13. Acceptance and Revisions

The Client shall have [Number] days to review and approve the deliverables. If the Client does not approve the deliverables, the Client shall provide the Contractor with specific feedback and requests for revisions. The Contractor shall be entitled to [Number] rounds of revisions. Additional revisions may be subject to additional fees.

Definition of Material Change: [Define what constitutes a material change, e.g., "A material change is any change that requires significant additional work or resources."]

14. Dispute Resolution

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

• Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiation.
• Mediation/Arbitration: If negotiation fails, the parties shall submit the dispute to [Mediation or Arbitration] in New Hampshire, pursuant to the rules of [Organization, e.g., "the American Arbitration Association"].

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

Venue: Any legal action arising out of or relating to this Agreement shall be brought in the state or federal courts located in [County], New Hampshire.

15. Term and Termination

This Agreement shall commence on the date first written above and shall continue until the completion of the services described in Section 1, unless terminated earlier as provided herein.

Termination for Cause: Either party may terminate this Agreement for cause upon written notice to the other party if the other party breaches this Agreement and fails to cure such breach within [Number] days after receiving written notice of the breach. Examples of cause include, but are not limited to non-payment, failure to deliver, or breach of IP/confidentiality.

Termination for Convenience: The Client may terminate this Agreement for convenience upon [Number] days written notice to the Contractor. In the event of termination for convenience, the Client shall pay the Contractor for all services performed up to the date of termination.

Handover of Work: Upon termination, the Contractor shall handover all work in progress to the client in a usable format.

16. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, technology failure, loss of source files, or illness. The affected party shall notify the other party of such event as soon as reasonably practicable.

Notification Requirements: [Specify notification requirements, e.g., "The affected party must provide written notice within 24 hours of the force majeure event."]

17. Exhibits

The following exhibits are attached to and incorporated into this Agreement:

• Exhibit A: [Description, e.g., "Work Statement"]
• Exhibit B: [Description, e.g., "Creative Brief"]
• Exhibit C: [Description, e.g., "Brand Guidelines"]

18. Regulatory Compliance

The Contractor shall comply with all applicable laws and regulations in connection with the performance of the services, including but not limited to privacy laws, non-discrimination laws, and sector-specific rules. The Contractor shall comply with federal copyright registration procedures if applicable.

19. Representations and Warranties

The Contractor represents and warrants that:

• The Contractor has the full power and authority to enter into this Agreement.
• The deliverables created by the Contractor shall be original and shall not infringe upon the rights of any third party.
• The Contractor shall comply with all applicable laws and regulations in connection with the performance of the services.

20. Miscellaneous

• Amendments: Any amendment to this Agreement must be in writing and signed by both parties.
• 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.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
• Assignment: This Agreement may not be assigned by either party without the prior written consent of the other party.

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]