New Jersey creative independent contractor agreement template

New Jersey Creative Independent Contractor Agreement

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

[Client Legal Name], located at [Client Address], Email: [Client Email], Phone: [Client Phone], hereinafter referred to as "Client,"

and

[Contractor Legal Name], located at [Contractor Address], Email: [Contractor Email], Phone: [Contractor Phone], hereinafter referred to as "Contractor."

Scope of Services

Option A: Contractor shall provide the following creative services to Client: [Detailed Description of Services, e.g., Graphic Design for Website, including mockups, revisions, and final files].

Option B: The Scope of Services is detailed in Exhibit A, attached hereto and incorporated by reference.

Deliverables: [Specific deliverables, e.g., Website Design, including layered Photoshop files, JPG and PNG exports, font files, and associated documentation].

Creative Standards & Style Guidelines: All work will conform to [Specific Brand Guidelines or Creative Brief].

Medium: [Digital/Print/Video/Etc.].

File Types: [PSD, AI, JPG, PNG, MOV, MP4, etc.].

Project Milestones:

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

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

Approval Process: Client approval required within [Number] days of delivery of each milestone.

Revision Policy: [Number] rounds of revisions are included for each deliverable. Additional revisions will be billed at [Hourly Rate].

Final Output Specifications: [Detailed specifications for final delivery, e.g., Resolution, Color Space, Print Size, File Size].

Project Timeline and Deadlines

Option A: The Project will commence on [Start Date] and is estimated to be completed by [End Date].

Option B: The timeline for each deliverable is detailed in Exhibit B, attached hereto and incorporated by reference.

Client Feedback Periods: Client shall provide feedback within [Number] days of receiving deliverables.

Rescheduling/Extensions: Any requests for rescheduling or extensions must be submitted in writing at least [Number] days prior to the deadline. Extensions are subject to Contractor’s availability and may incur additional fees.

Work Location and Resources

Option A: Work will be performed remotely.

Option B: Work will be performed on-site at [Client Address].

Option C: Work will be performed in a hybrid model, with [Percentage] of work performed remotely and [Percentage] of work performed on-site at [Client Address].

Client Resources: Client will provide Contractor with access to the following resources: [List of Resources, e.g., Brand Guidelines, Logos, Website Admin Access].

Equipment/Software: Contractor shall be responsible for providing all necessary equipment and software unless otherwise specified: [Specify any equipment/software Client will provide].

Digital Assets/Accounts: Ownership of assets will remain with [Client/Contractor]. Licensing of stock assets will be managed by [Client/Contractor].

Service Fee and Payment Schedule

Option A: Contractor shall be compensated at a rate of [Dollar Amount] per project.

Option B: Contractor shall be compensated at an hourly rate of [Dollar Amount] per hour, with a minimum billable period of [Number] hours.

Option C: Contractor shall be compensated at a monthly retainer of [Dollar Amount].

Payment Method: Client shall make payments via [Payment Method, e.g., Check, ACH Transfer, Credit Card].

[ ] Client [ ] Contractor is responsible for payment and reporting of any applicable New Jersey sales or use tax.

Tax Withholding: Contractor is solely responsible for all applicable self-employment taxes.

W-9/1099: Client shall provide Contractor with a 1099-NEC form at the end of each tax year, if required. Contractor shall provide Client with a completed W-9 form.

Invoicing: Contractor shall submit invoices to Client on [Invoice Frequency, e.g., Bi-weekly, Monthly, Upon Completion of Milestone].

Payment Due Dates: Payment is due within [Number] days of invoice receipt.

Late Fee: Late payments will be subject to a late fee of [Percentage]% per month, or the maximum rate permitted by New Jersey law, whichever is lower.

Reimbursement of Expenses: Client will reimburse Contractor for pre-approved expenses, including [List of Reimbursable Expenses, e.g., Travel, Materials, Software Licenses]. Expenses must be documented with receipts.

Intellectual Property Ownership

Option A: Work Made for Hire: All work created by Contractor under this Agreement shall be considered "work made for hire" under the Copyright Act, and Client shall own all right, title, and interest in and to such work, including all copyrights.

Option B: Ownership and Licensing: Contractor retains ownership of all intellectual property rights in the work. Contractor grants Client a [Type of License, e.g., Perpetual, Non-Exclusive] license to use the work for [Specific Permitted Uses].

Moral Rights: Contractor waives all moral rights in the work to the extent permitted by the Visual Artists Rights Act and New Jersey law.

Portfolio Use: Contractor retains the right to use the work for portfolio purposes and self-promotion.

Third-Party Materials: Client is responsible for obtaining all necessary licenses and permissions for any third-party materials provided to Contractor.

Confidentiality and Non-Disclosure

Contractor agrees to hold all Confidential Information of Client in strict confidence and not to disclose such Confidential Information to any third party.

Confidential Information includes: [Detailed Description of Confidential Information, e.g., Client’s business plans, customer lists, financial information, creative concepts, project briefs].

Exceptions: This obligation does not apply to information that is: (a) publicly available; (b) already known to Contractor; or (c) required to be disclosed by law.

Non-Solicitation/Non-Competition (Subject to NJ Law)

Non-Solicitation: During the term of this Agreement and for a period of [Number] months thereafter, Contractor shall not solicit or attempt to solicit any employees or customers of Client.

Non-Competition (If applicable and enforceable under New Jersey law): During the term of this Agreement and for a period of [Number] months thereafter, within [Geographic Area], Contractor shall not engage in any business that is directly competitive with the business of Client. [Specify limitations and reasonableness]. *Note: Non-competition clauses are strictly scrutinized under New Jersey law and must be narrowly tailored.*

Independent Contractor Status

Contractor is an independent contractor and not an employee, partner, or joint venturer of Client.

Client shall not supervise or control the manner in which Contractor performs the services.

Contractor is responsible for all applicable self-employment taxes, insurance (including workers' compensation), and labor compliance. Contractor warrants they meet the requirements of New Jersey’s ABC test for independent contractors.

Liability, Indemnification, and Insurance

Contractor warrants that the work will be of good quality, conform to specifications, and not infringe any third-party rights.

Client is responsible for the accuracy of all information and materials provided to Contractor.

Indemnification: Contractor shall indemnify and hold Client harmless from any claims arising out of Contractor’s negligence or willful misconduct. Client shall indemnify and hold Contractor harmless from any claims arising out of Client’s negligence or willful misconduct.

Insurance: Contractor shall maintain [Type of Insurance, e.g., Commercial General Liability, Professional Liability] insurance with coverage of at least [Dollar Amount] per occurrence.

Limitation of Liability: In no event shall either party be liable for any consequential, incidental, indirect, special, or punitive damages arising out of or relating to this Agreement, to the extent such limitations are enforceable under New Jersey law.

Dispute Resolution

Escalation: Any disputes shall first be escalated to [Designated Contact Person at Client] and [Designated Contact Person at Contractor] for resolution.

Mediation: If the dispute is not resolved through escalation, the parties agree to participate in mediation in [City, New Jersey], using a mediator from [Mediation Service/ADR Entity].

Arbitration: If mediation is unsuccessful, any remaining dispute shall be resolved by binding arbitration in [City, New Jersey], in accordance with the rules of the American Arbitration Association.

Waiver of Class Actions: Both parties waive their right to participate in a class action lawsuit.

Venue and Choice of Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. The exclusive venue for any legal action arising out of or relating to this Agreement shall be the state or federal courts located in [County, New Jersey].

Term and Termination

Term: This Agreement shall commence on [Start Date] and shall continue until [End Date] or until the completion of the Project.

Termination for Convenience: Either party may terminate this Agreement for convenience upon [Number] days written notice to the other party.

Termination for Cause: Either party may terminate this Agreement for cause if the other party materially breaches this Agreement.

Upon Termination: Upon termination, Client shall pay Contractor for all work completed up to the date of termination. Contractor shall return or destroy all Confidential Information of Client. Contractor shall transfer all completed creative assets to Client.

Compliance with Laws

Contractor shall comply with all applicable New Jersey and federal laws, regulations, and local ordinances, including but not limited to digital accessibility standards, trademark and copyright statutes, and child labor laws (where applicable).

Data Security and Privacy

Contractor shall protect the security and privacy of any client or end-user data in accordance with New Jersey privacy laws and applicable industry standards, including COPPA (if applicable).

Change Orders/Amendments

Any changes to this Agreement must be in writing and signed by both parties.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to a force majeure event, including but not limited to illness, natural disaster, or government action.

Notice

All notices under this Agreement shall be in writing and delivered by [Acceptable Delivery Methods, e.g., Certified Mail, Email] to the addresses set forth above. Notice shall be deemed delivered [Number] days after mailing or on the date of email confirmation.

Severability, Entire Agreement, and Waiver

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

Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.

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

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]

[Contractor Legal Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Title: [Contractor Title]