South Carolina independent contractor agreement template

South Carolina Independent Contractor Agreement

Date: [Date]

Parties:

Client:

Name: [Client Name]

Address: [Client Address]

Type of Entity: [Client Type of Entity]

Authorized Representative: [Client Authorized Representative Name]

Contact Details: [Client Phone Number], [Client Email Address]

Contractor:

Name: [Contractor Name]

Address: [Contractor Address]

Type of Entity: [Contractor Type of Entity]

Contact Details: [Contractor Phone Number], [Contractor Email Address]

Legal Status: Contractor acknowledges that they are an independent contractor and not an employee of the Client.

Scope of Work/Services:

Description of Services: [Detailed Description of Services]

Deliverables: [List of Deliverables]

Deadlines: [Project Deadlines]

Project Specifications: [Project Specifications]

Reporting Requirements: [Reporting Requirements]

Tools/Materials:

Option A: Client to provide: [List of tools/materials provided by client]

Option B: Contractor to provide: [List of tools/materials provided by contractor]

Location of Services:

Option A: Onsite at [Client Address]

Option B: Remote

Option C: Client Location(s) as needed.

Term and Termination:

Term of Agreement:

Option A: Project-based, commencing on [Start Date] and completing upon delivery of services.

Option B: Fixed period, commencing on [Start Date] and expiring on [End Date].

Option C: Ongoing, commencing on [Start Date].

Renewal:

Option A: Automatically renews for [Period] unless terminated by either party.

Option B: No automatic renewal.

Early Termination:

Option A: Either party may terminate with [Number] days written notice.

Option B: Only Client may terminate without cause with [Number] days written notice.

Termination for Cause:

Option A: Either party may terminate for cause (e.g., breach of contract) immediately upon written notice.

Option B: Termination for cause requires [Number] days written notice and opportunity to cure breach.

Compensation:

Payment Rate:

Option A: Hourly rate of $[Amount] per hour.

Option B: Flat fee of $[Amount] for the project.

Option C: Per milestone payment as follows: [Milestone] - $[Amount]

Option D: Commission-based: [Commission Details]

Payment Schedule:

Option A: Upon invoicing, net [Number] days.

Option B: Biweekly on [Day of the week].

Option C: Monthly on the [Day] of the month.

Option D: Upon completion of services.

Method of Payment:

Option A: Check

Option B: ACH

Option C: Wire Transfer

Reimbursement of Expenses:

Option A: Expenses will not be reimbursed.

Option B: Pre-approved expenses will be reimbursed upon submission of receipts.

Requirements for pre-approval: [Pre-Approval Requirements].

Invoice Requirements:

Invoices must include: [Required invoice details].

Tax Treatment:

Contractor is responsible for paying all federal, state, and local taxes, including self-employment tax.

Client will not withhold taxes from payments made to the Contractor.

Client will provide Contractor with IRS Form 1099-NEC if required by law.

Contractor acknowledges responsibility for compliance with IRS and SSA requirements.

Relationship Declaration:

No employment relationship is created by this agreement.

Contractor is not entitled to any client benefits (health insurance, retirement, PTO, etc.).

Contractor has no authority to bind the client in any way.

Contractor has the right to perform services for others.

Contractor controls the manner and means of performing the services.

Confidentiality:

Contractor agrees to hold all client information confidential.

Definition of confidential information: [Define what is confidential].

Duration of confidentiality obligation:

Option A: During the term of this agreement.

Option B: For [Number] years after termination of this agreement.

Exceptions to confidentiality: [List of exceptions, if any].

Intellectual Property:

Ownership of Work Product:

Option A: All work product is considered "work for hire" and owned by the Client.

Option B: Contractor retains ownership of work product; Client receives a license to use the work product for [Purpose].

Option C: Mutual IP rights.

Assignment of Intellectual Property:

Contractor hereby assigns all rights, title, and interest in and to the work product to the Client.

Exclusions: [List of excluded IP, if any].

Conflict of Interest:

Contractor warrants that they have no existing conflicts of interest.

Contractor agrees to disclose any potential conflicts of interest to Client immediately.

Non-Solicitation (Optional):

Option A: Contractor agrees not to solicit Client's employees or customers for [Number] years after termination.

Option B: No non-solicitation clause included.

Non-Compete (Optional - Consult South Carolina Law):

Option A: Contractor agrees not to compete with Client within [Geographic Area] for [Number] years after termination, limited to [Specific Scope of Work].

Option B: No non-compete clause included.

Compliance with Laws:

Both parties agree to comply with all applicable federal, state, and local laws.

Contractor will comply with the Fair Labor Standards Act and IRS regulations.

Contractor acknowledges that South Carolina Payment of Wages Act does not apply to this agreement.

Worker Misclassification: Parties agree that Contractor is properly classified as an independent contractor and not an employee.

Indemnification: Contractor will indemnify Client against losses from misclassification.

Insurance (Optional):

Option A: Contractor is required to maintain general liability insurance with minimum coverage of $[Amount].

Contractor must provide proof of insurance to Client.

Option B: Contractor is required to maintain professional liability insurance with minimum coverage of $[Amount].

Contractor must provide proof of insurance to Client.

Option C: No insurance required.

Indemnification:

Option A: Contractor shall indemnify and hold harmless Client from any third-party claims arising from Contractor's performance of services.

Option B: Client shall indemnify and hold harmless Contractor from any third-party claims arising from Client's actions.

Option C: Mutual indemnification.

Modifications/Amendments:

Any modifications or amendments to this agreement must be in writing and signed by both parties.

Change Orders:

All requests for changes to services must be submitted in writing and approved by both parties.

Assignment:

Option A: This agreement may not be assigned by either party without the written consent of the other party.

Option B: This agreement may be assigned by Client.

Governing Law and Jurisdiction:

This agreement shall be governed by and construed in accordance with the laws of the State of South Carolina.

Any disputes arising under this agreement shall be resolved in the state or federal courts located in [County], South Carolina.

Dispute Resolution:

Option A: Parties agree to attempt to resolve any disputes through good faith negotiation.

Option B: If negotiation fails, parties agree to submit to mediation in [City], South Carolina.

Option C: Any unresolved disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.

Option D: Either party may pursue legal action in court.

Notices:

All notices must be in writing and sent to the addresses listed above.

Electronic notices are acceptable via email to [Client Email Address] and [Contractor Email Address].

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.

Survivability:

The following provisions shall survive termination of this agreement: Confidentiality, Intellectual Property, and Indemnification.

South Carolina Specific Clauses (Optional):

Acknowledgment of Independent Contractor Status: Contractor acknowledges that they have read and understood that they are an independent contractor and not an employee of the Client.

Lack of Control/Supervision: Client does not control or supervise the Contractor's work.

Freedom to Determine Work Hours/Methods: Contractor has the freedom to determine their own work hours and methods.

Right to Work for Other Clients: Contractor has the right to perform services for other clients.

Responsibility for Tools/Materials: Contractor is responsible for providing their own tools and materials (unless otherwise specified).

Right to Hire Assistants/Subcontractors: Contractor has the right to hire assistants or subcontractors to perform the services (subject to Client approval).

South Carolina Illegal Immigration Reform Act (Optional):

Contractor agrees to comply with the South Carolina Illegal Immigration Reform Act regarding work authorization verification.

Veterans’ and Minority Contracting Laws (Optional - If Applicable):

Contractor agrees to comply with all applicable veterans’ and minority contracting laws.

Special Statutory/Regulatory Requirements (Optional - If Applicable):

[State specific requirements related to industry or contract size]

Signatures:

Client:

Signature: _________________________

Printed Name: [Client Authorized Representative Name]

Date: [Date]

Contractor:

Signature: _________________________

Printed Name: [Contractor Name]

Date: [Date]

Notary (Optional):

State of South Carolina

County of [County Name]

Signed and sworn to (or affirmed) before me on this [Day] day of [Month], [Year], by [Client Authorized Representative Name] and [Contractor Name].

_________________________ (Notary Public Signature)

[Notary Public Printed Name]

My commission expires: [Date]