Tennessee maintenance independent contractor agreement template

Tennessee Maintenance Independent Contractor Agreement

This Tennessee Maintenance Independent Contractor Agreement ("Agreement") is made and effective as of [Effective Date], by and between:

• [Client Full Legal Name], located at [Client Address] ("Client"), and
• [Contractor Full Legal Name], located at [Contractor Address] ("Contractor").

1. Services to be Performed

• Option A: The Contractor shall perform the following maintenance services: [Detailed Description of Maintenance Services, e.g., Building repairs, preventive maintenance, equipment upkeep, grounds maintenance, janitorial work, HVAC servicing. Include Deliverable Standards, Service Schedules, Emergency Response Obligations, Response Times, and Reporting Documentation Requirements].
• Option B: The Contractor shall perform maintenance services as specifically requested by the Client from time to time, and agreed upon in writing (email sufficient) prior to commencement of services.

2. Location of Services

• Option A: The services shall be performed at the following location(s): [Address of Service Location(s). Include Access Rules and any Tennessee-Specific Building Codes or Landlord/Tenant Law Considerations].
• Option B: The services shall be performed at such locations as are designated by the Client from time to time.

3. Materials and Tools

• Option A: The Contractor shall furnish all equipment, tools, and materials necessary to perform the services.
• Option B: The Client shall furnish all equipment, tools, and materials necessary to perform the services. The Contractor will be responsible for maintaining such Client-provided materials, and notifying the Client immediately of any defects or maintenance needs.
• Option C: The Contractor shall furnish some equipment, tools, and materials, as follows: [List of Contractor-Provided Items]. The Client shall furnish all other necessary items.

4. Compensation

• Option A (Hourly): The Client shall pay the Contractor an hourly rate of [Hourly Rate] per hour for all services performed.
• Option B (Per Visit): The Client shall pay the Contractor [Per Visit Amount] per visit.
• Option C (Retainer): The Client shall pay the Contractor a monthly retainer of [Retainer Amount]. This retainer covers [Services Covered by Retainer]. Additional services will be billed at [Hourly Rate or Other Rate].
• Option D (Project-Based): The Client shall pay the Contractor [Fixed Project Fee] for the completion of the following project: [Description of Project].
• Payment Schedule: The Client shall pay the Contractor within [Number] days of receipt of a proper invoice. All invoices shall be submitted to [Invoice Submission Method].
• Tennessee Tax Compliance: The Contractor is responsible for all Tennessee business tax registration, sales tax collection (if applicable), and compliance.

5. Ownership and Waste Disposal

• All work product and physical material created by the Contractor shall be the property of the Client.
• The Contractor is responsible for proper waste disposal in accordance with all applicable laws and regulations.
• Replaced or salvaged parts shall be [Returned to Client/Disposed of by Contractor/Other].

6. Independent Contractor Acknowledgment (Tennessee Specific)

• Contractor acknowledges that they are an independent contractor and not an employee of the Client. Nothing in this Agreement shall be construed to create an employer-employee, partnership, joint venture, or agency relationship.
• Contractor is solely responsible for withholding and remitting all federal and Tennessee state income and self-employment taxes.
• Contractor is responsible for securing all required insurance, including general liability insurance (minimum coverage of [Amount]) and a workers' compensation waiver if qualifying as an independent contractor per T.C.A. § 50-6-102. Contractor must provide proof of insurance to Client prior to commencement of any services.
• Contractor is responsible for all business licensing and compliance with any Tennessee Department of Labor & Workforce Development rules.
• Reference Tennessee Code Annotated § 50-2-111 regarding wage payment.

7. Compliance with Laws and Regulations (Tennessee Specific)

• The Contractor shall comply with all applicable building and facility codes, health and safety standards, OSHA requirements, and local municipal ordinances relevant in Tennessee.
• The Contractor [Shall/Shall Not] undergo a background check. If required, the background check will be performed by [Company Performing Background Check].
• The Contractor [Shall/Shall Not] complete specific training. If required, the training will consist of [Specific Training Details].

8. Subcontractors

• Option A: The Contractor shall not use subcontractors without the prior written consent of the Client.
• Option B: The Contractor may use subcontractors, but must ensure that all subcontractors maintain the same insurance coverage as the Contractor, and comply with Tennessee independent contractor classification tests. The contractor will provide proof of insurance for all subcontractors to Client prior to the subcontractor commencing any services.
• All subcontractors must be approved by the Client in writing (email sufficient).

9. Performance Quality and Warranties

• The Contractor warrants that all services will be performed in a workmanlike manner and in accordance with industry standards.
• The Client has the right to inspect the Contractor's work at any time.
• If the Client identifies any deficiencies in the Contractor's work, the Contractor shall correct those deficiencies at their own expense within [Number] days of notification.

10. Limitation of Liability and Indemnification

• The Contractor's liability to the Client shall be limited to the amount paid by the Client to the Contractor under this Agreement.
• The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising out of or relating to the Contractor's negligence, willful misconduct, or breach of this Agreement, including violations of Tennessee statutes or injuries/accidents on the premises caused by the contractor.
• The Contractor shall maintain adequate insurance to cover its obligations under this section, and provide evidence of such coverage to the Client.

11. Business Continuity

• The Contractor shall maintain replacement/backup service contingencies to ensure continuity of service in the event of unforeseen circumstances.
• Escalation procedures for urgent repairs are as follows: [Detailed Escalation Procedures].

12. Termination

• Option A: This Agreement may be terminated by either party upon [Number] days written notice.
• Option B: The Client may terminate this Agreement immediately for cause, including but not limited to breach of this Agreement, misconduct, or safety violations.
• Payment for work completed through termination shall be made within [Number] days of termination.
• Upon termination, the Contractor shall return all property belonging to the Client.

13. 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 acts of God, war, terrorism, riots, and natural disasters.

14. Dispute Resolution (Tennessee Specific)

• The parties shall first attempt to resolve any disputes arising out of or relating to this Agreement through negotiation.
• If negotiation fails, the parties shall submit the dispute to mediation in [County Name], Tennessee.
• If mediation fails, the parties shall submit the dispute to binding arbitration in [County Name], Tennessee, in accordance with the rules of the American Arbitration Association. The laws of the State of Tennessee shall govern the interpretation and enforcement of this Agreement, explicitly waiving choice of law for any other jurisdiction.

15. Electronic Signatures

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, complying with the Tennessee Uniform Electronic Transactions Act.

16. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written. Any modification to this Agreement must be in writing and signed by both parties.

17. Tennessee-Specific Requirements

• Written acknowledgement of receipt is required for all notices under this agreement.
• If this Agreement involves residential maintenance, the Contractor shall comply with the Tennessee Home Improvement Commission requirements, if applicable.
• Contractor shall provide verification of its registration or licensure, if applicable.

18. Non-Solicitation/Non-Compete

• Option A: The Contractor agrees not to solicit the Client's customers or employees for a period of [Number] years following the termination of this Agreement, to the extent permitted under Tennessee law.
• Option B: This Agreement does not contain any non-solicitation or non-compete provisions.

19. HIPAA/Privacy Compliance

If the maintenance involves healthcare facilities, the Contractor shall comply with all applicable HIPAA and other privacy laws.

20. Audit Rights

The Client reserves the right to audit the Contractor's records relevant to services performed and payment.

21. Client Site Policies

The Contractor shall comply with the following Client site policies: [List of Policies, e.g., Security, Dress Code, Hours].

22. Drug-Free Workplace

The Contractor shall comply with the Tennessee Drug-Free Workplace Program standards.

23. Periodic Contract Review

This Agreement shall be reviewed and amended periodically to accommodate changes in law or in the maintenance scope. Review will occur [Frequency of Review e.g., Annually, Bi-annually].

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

[Client Full Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]

[Contractor Full Legal Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Title: [Contractor Title]