New Mexico creative independent contractor agreement template

New Mexico Creative Independent Contractor Agreement

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

• [Client Name], located at [Client Address], hereinafter referred to as "Client," and
• [Contractor Name], located at [Contractor Address], hereinafter referred to as "Contractor."

Description of Services

• Option A: General Creative Services
  • Contractor shall provide the following creative services to Client: [Detailed Description of Services, e.g., graphic design for marketing materials, including logo design, website banners, and social media graphics].
• Option B: Specific Project Deliverables
  • Contractor shall deliver the following specific project deliverables: [List of Deliverables with detailed specifications, e.g., 5 high-resolution product photos, 300-word blog post on the Client's industry, 1 animated explainer video with a duration of 60 seconds]. This includes [specify the objective], in the style of [brand guideline].
• Option C: Ongoing Creative Support
  • Contractor shall provide ongoing creative support as needed by Client, up to [Number] hours per [Time Period, e.g., week, month], including but not limited to: [Examples of support, e.g., website updates, social media management, email marketing].

Location of Services

• Option A: Remote Work
  • All services will be performed remotely from Contractor's location.
• Option B: On-Site Work
  • Services will be performed on-site at Client's location: [Client's Address].
• Option C: Hybrid
  • Services will be performed both remotely and on-site, as mutually agreed upon. On-site work will occur at [Client's Address].

Compensation

• Option A: Flat Fee
  • Client shall pay Contractor a flat fee of [Dollar Amount] for the completion of the services described in Section 1.
• Option B: Hourly Rate
  • Client shall pay Contractor an hourly rate of [Dollar Amount] per hour. Contractor shall submit invoices to Client on a [Frequency, e.g., weekly, bi-weekly, monthly] basis.
• Option C: Milestone Payments
  • Client shall pay Contractor according to the following milestone schedule:
    • [Milestone 1 Description]: [Dollar Amount]
    • [Milestone 2 Description]: [Dollar Amount]
    • [Milestone 3 Description]: [Dollar Amount]

All invoices must include Contractor’s New Mexico Gross Receipts Tax Identification Number if applicable.

Late payment penalty: [Late Payment Penalty]

Intellectual Property

• Option A: Work for Hire
  • All work product created by Contractor under this Agreement shall be considered a work made for hire, and Client shall own all right, title, and interest in and to such work product, including all copyrights.
• Option B: Copyright Transfer
  • Upon completion of the services and full payment by Client, Contractor shall transfer all copyrights in the work product to Client.
• Option C: Licensing
  • Contractor grants Client a [Type of License, e.g., non-exclusive, exclusive], [Scope of License, e.g., worldwide, limited to New Mexico] license to use the work product for [Purpose of License, e.g., marketing, internal use].

Contractor retains the right to use the completed work in their portfolio or for self-promotional purposes, unless otherwise agreed in writing.

Confidentiality

Contractor agrees to hold all Client's confidential information in strict confidence and not to disclose such information to any third party. Confidential information includes, but is not limited to: [List examples of confidential information].

This obligation of confidentiality shall survive the termination of this Agreement for a period of [Number] years. Contractor agrees to comply with the New Mexico Uniform Trade Secrets Act.

Independent Contractor Relationship

Contractor is an independent contractor and not an employee, partner, joint venturer, or agent of Client. Client shall not be responsible for withholding taxes, Social Security, or workers' compensation insurance for Contractor.

Contractor is responsible for all applicable federal and New Mexico state and local gross receipts taxes related to payments received under this Agreement.

Contractor is free to perform services for other clients.

Contractor is responsible for maintaining their own business licenses and insurance coverage including New Mexico Workers' Compensation exemptions.

Insurance

• Option A: No Insurance Required
  • Contractor is not required to maintain any specific insurance coverage under this Agreement.
• Option B: Insurance Required
  • Contractor shall maintain [Type of Insurance, e.g., professional liability, errors & omissions] insurance with a minimum coverage of [Dollar Amount]. Contractor shall provide Client with proof of insurance upon request.

Acceptance of Deliverables

Client shall have [Number] days to review and accept or reject deliverables submitted by Contractor. If Client does not provide feedback within [Number] days, the deliverables shall be deemed accepted. If client requests changes, a new timeline shall be established between the parties.

Warranties

Contractor warrants that all work product created under this Agreement will be original and will not infringe upon the intellectual property rights of any third party. Contractor warrants compliance with applicable federal and New Mexico intellectual property laws.

Termination

• Option A: Termination for Convenience
  • Either party may terminate this Agreement for convenience upon [Number] days written notice to the other party.
• Option B: Termination for Cause
  • Client may terminate this Agreement immediately if Contractor breaches any material term of this Agreement.

Upon termination, Contractor shall be entitled to compensation for all work completed up to the date of termination.

All completed creative materials shall be delivered to the client upon termination.

Indemnification

Contractor shall indemnify and hold Client harmless from any and all claims, damages, and expenses arising out of Contractor's breach of this Agreement or Contractor's negligence.

Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through negotiation. If negotiation fails, the parties agree to submit the dispute to mediation in New Mexico. If mediation fails, the parties may pursue binding arbitration in New Mexico. The governing law for this agreement is New Mexico law.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to: [Examples related to creative work, e.g., loss of key creative assets, delay of client materials, technology failures].

Representations and Warranties

Contractor represents and warrants that they are a valid business entity or sole proprietorship in New Mexico and that they possess all necessary licenses and permits to perform the services under this Agreement.

Miscellaneous

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

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

This Agreement may not be assigned by either party without the written consent of the other party.

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

All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by email to the addresses set forth above.

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures shall be valid under the New Mexico Uniform Electronic Transactions Act.

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

____________________________

[Client Name]

____________________________

[Contractor Name]