South Carolina creative independent contractor agreement template

South Carolina Creative Independent Contractor Agreement

Contract Title: [Contract Title]

Execution Date: [Date]

Client:

Full Legal Name: [Client Full Legal Name]

Address: [Client Address]

Contact Person: [Client Contact Person]

Email: [Client Email]

Phone: [Client Phone]

Contractor:

Full Legal Name: [Contractor Full Legal Name] (or Business Name)

Address: [Contractor Address]

Contact Person: [Contractor Contact Person]

Email: [Contractor Email]

Phone: [Contractor Phone]

Services:

Description of Services: [Detailed Description of Services, e.g., Graphic Design, Video Production, Web Design, Copywriting, Photography, Illustration, Branding, Advertising Concepting]

Project Scope: [Precisely Defined Project Scope]

Deliverables: [Specific Deliverables]

Technical Requirements: [Technical Requirements]

Style Guidelines: [Style Guidelines]

Revisions Policy: [Revisions Policy]

Final Format of Deliverables: [Final Format of Deliverables]

Timeline:

Deadlines: [Deadlines]

Project Milestones: [Project Milestones]

Service Period: [Start Date] - [End Date]

Location:

Option A: Services provided remotely.

Option B: Services provided on-site at [Client Location] in South Carolina.

Option C: Services provided at multiple locations as specified: [List of Locations in South Carolina]

Access and Scheduling: [Access and Scheduling Requirements, including meetings, collaborative sessions, use of client equipment]

Software Access: [Accessibility to proprietary software or creative tools]

Payment:

Option A: Flat Fee: [Total Amount]

Option B: Milestone-Based: [Milestones and Corresponding Payments]

Option C: Hourly Rate: [Hourly Rate]

Option D: Per Deliverable: [Payment per Deliverable]

Option E: Licensing/Royalty-Based: [Licensing/Royalty Terms]

Invoicing: [Invoicing Requirements]

Payment Schedule: [Payment Schedule]

Payment Methods: [Accepted Payment Methods]

Minimum Deposit/Retainer: [Amount of Deposit/Retainer, if applicable]

Reimbursement for Expenses: [Pre-approved Expenses and Reimbursement Process]

Sales Tax Responsibility: [Responsibility for South Carolina Sales Tax]

Late Payment Penalties: [Late Payment Penalties, compliant with South Carolina Law]

Intellectual Property:

Option A: Work-for-Hire: All rights, title, and interest in the Deliverables are assigned to the Client.

Option B: Limited License: Contractor grants Client a [Type of License] license to use the Deliverables for [Specific Use].

Contractor Portfolio Use: Contractor retains the right to use the Deliverables in their portfolio for self-promotion.

Moral Rights Waiver: [Waiver of Moral Rights, if applicable]

Ownership Default: Unless specified above, all intellectual property rights default to the Contractor, but Client has a perpetual non-exclusive license to use the work for [Specify Use].

Confidentiality:

Confidential Information: [Definition of Confidential Information, including client information, creative briefs, unreleased materials, trade secrets]

Non-Disclosure Obligations: Contractor agrees to keep Client's Confidential Information confidential.

Post-Project Obligations: These confidentiality obligations extend beyond the termination of this agreement.

General Techniques: This clause does not prevent Contractor from using general creative techniques or non-client-specific ideas in future work.

Data Privacy and Security:

Handling of Customer Data: [Terms for handling customer/consumer data, if applicable]

Cloud Storage: [Details regarding cloud storage and security measures]

Third-Party Hosting: [Details regarding third-party hosting and security measures]

Digital Asset Management: [Digital Asset Management procedures]

Independent Contractor Status:

Contractor acknowledges they are an independent contractor and not an employee of the Client.

Tax Responsibility: Contractor is responsible for all federal and state income taxes, FICA, and self-employment tax.

Business Licenses: Contractor is responsible for maintaining any necessary South Carolina business licenses or registration.

Insurance:

Option A: Contractor shall maintain professional liability (errors and omissions) insurance with a minimum coverage of [Amount].

Option B: Contractor shall maintain general liability insurance with a minimum coverage of [Amount].

Additional Insured: [Whether the client is named as additional insured, and under which policies]

Limitation of Liability and Indemnification:

Limitation of Liability: Client's liability is limited to the amount paid to the Contractor under this Agreement.

Indemnification: Contractor agrees to indemnify Client against third-party intellectual property claims arising from the Deliverables, except where the claim results from Client’s specific modifications to the Deliverables.

Risk Allocation: [Address risks specific to creative media, such as alleged infringement, incomplete transfer of rights, and incorporating third-party materials]

Review and Acceptance:

Review Period: Client has [Number] days to review the Deliverables.

Acceptance Criteria: [Acceptance Criteria]

Correction and Revision Rounds: [Number of Revision Rounds]

Rejection Conditions: [Conditions for Rejection]

Approval Mechanism: [Approval Mechanism]

Project Changes:

Change Order Procedure: All project changes must be documented in a written change order signed by both parties.

Adjustment of Pricing and Timeline: Change orders may result in adjustments to pricing and timelines.

Recordkeeping: All project amendments will be kept on file by both parties.

Termination:

Option A: Termination for Convenience: Either party may terminate this agreement with [Number] days written notice.

Option B: Termination for Cause: Either party may terminate this agreement for cause if the other party breaches this agreement.

Contractor Compensation: Upon termination, Contractor will be compensated for all work completed and resources spent up to the termination date.

Return of Materials: Contractor will return all Client materials and files upon termination.

Handling of Incomplete Work: [Process for handling incomplete work or draft assets]

Creative Asset Retention:

Treatment of Assets: [Describe treatment and retention of creative assets, drafts, digital files, and physical materials after project closure]

Record Retention: [Retention of records, especially for South Carolina licensing, sales tax exemption, or proof of independent contractor status]

Non-Solicitation/Non-Compete:

Non-Solicitation: Contractor agrees not to solicit Client's employees or customers for a period of [Number] months after termination of this agreement.

Non-Compete: [Non-compete clauses, if any, must be reasonable and enforceable under South Carolina Law - VERY IMPORTANT TO CONSULT WITH LEGAL COUNSEL]

Governing Law and Dispute Resolution:

Governing Law: This agreement shall be governed by the laws of the State of South Carolina.

Venue: Any legal action or dispute resolution shall be conducted in [County Name] County, South Carolina.

Dispute Resolution: [Mechanism for resolving disputes (negotiation, mediation, or arbitration)]

Force Majeure:

Neither party shall be liable for any delay or failure to perform its obligations under this agreement due to events beyond its reasonable control, including natural disasters and pandemics.

Compliance with Laws:

Both parties agree to comply with all applicable South Carolina and federal laws, including intellectual property, anti-discrimination, and wage/hour laws.

Notice:

All notices under this agreement must be in writing and sent to the addresses listed above via [Method of Delivery, e.g., certified mail, email].

Assignment:

Option A: Neither party may assign this agreement without the written consent of the other party.

Option B: Contractor may use approved subcontractors or assistants for creative work, and is responsible for their compliance.

Signatures:

This agreement may be executed in counterparts, including electronic counterparts.

Incorporation:

The following documents are incorporated into this agreement: [List of Incorporated Documents, e.g., Creative Brief, Statement of Work, License Agreement]

Amendment:

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

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.

____________________________

[Client Full Legal Name]

____________________________

Date

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[Contractor Full Legal Name]

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Date