Utah hr independent contractor agreement template

Utah HR Independent Contractor Agreement

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

[Client Full Legal Name], a [Client Business Entity, e.g., Utah LLC] with its principal place of business at [Client Full Address], hereinafter referred to as "Client,"

and

[Contractor Full Legal Name], a [Contractor Business Entity, e.g., Sole Proprietor] with its principal place of business/residence at [Contractor Full Address], hereinafter referred to as "Contractor."

1. Scope of Services

Contractor agrees to provide the following HR services to Client:

• Option A: Recruitment and Talent Acquisition:
  • Developing recruitment strategies.
  • Sourcing and screening candidates.
  • Conducting interviews.
  • [Describe deliverables: e.g., Candidate slates, interview reports].
• Option B: Employee Relations:
  • Providing guidance on employee performance management.
  • Assisting with conflict resolution.
  • [Describe deliverables: e.g., Investigation reports, mediation summaries].
• Option C: Compliance Audits:
  • Reviewing HR policies and practices for compliance with Utah and federal law.
  • Identifying areas of risk and recommending corrective actions.
  • [Describe deliverables: e.g., Audit reports, compliance plans].
• Option D: HR Policy and Handbook Development:
  • Creating/updating HR policies and employee handbooks in accordance with Utah and federal law.
  • [Describe deliverables: e.g., New/Revised handbook drafts].
• Option E: Compensation Benchmarking and Benefits Consulting
  • Conducting compensation analysis to determine competitive rates
  • Benefits program evaluation and recommendation.
  • [Describe deliverables: e.g., Comp study, benefit analysis and recomendations].

Deliverables will be reviewed and approved by [Client Representative Name]. Reporting timelines are [Reporting Timeline, e.g., monthly].

2. Work Location and Access

• Option A: The primary work location will be remote.
• Option B: The primary work location will be onsite at Client's address in Utah: [Client Full Address].

Contractor will have access to the following client systems and files: [List of Systems/Files]. Access will be governed by Client's security policies.

3. Independent Contractor Status

Contractor is an independent contractor and not an employee of Client. This Agreement does not create an employer-employee relationship, partnership, joint venture, or agency relationship. Contractor is solely responsible for all federal, state (including Utah), and local taxes, including self-employment taxes. Contractor acknowledges they are responsible for compliance with Utah's worker's compensation exemption rules for independent contractors (Utah Code Ann. § 34A-2-103.5) and are responsible for obtaining their own business licenses and insurance. Contractor controls the means and method of completing contracted tasks.

4. Compensation

• Option A: Contractor shall be paid an hourly rate of [Hourly Rate] per hour.
• Option B: Contractor shall be paid a fixed fee of [Fixed Fee] per project as defined in Section 1.
• Option C: Contractor shall be paid a retainer fee of [Retainer Fee] per [Time Period, e.g., month].

Contractor will submit invoices [Invoice Frequency, e.g., monthly]. Payment will be made within [Number] days of receipt of invoice. Approved payment method is [Payment Method, e.g., Check, ACH]. Late payment policy is in accordance with Utah law.

5. Ownership of Work Product

All work product, reports, documentation, and client-specific tools created by Contractor in connection with this Agreement are the sole and exclusive property of Client. Contractor shall not use or disclose any client-provided HR information after termination of this Agreement. Contractor will comply with Utah's Uniform Trade Secrets Act.

6. Confidentiality

Contractor shall maintain strict confidentiality of all Client's employee and candidate data. Contractor shall comply with all applicable Utah privacy laws, the Utah Employment Selection Procedures Act, and federal nondiscrimination and recordkeeping requirements.

7. Non-Competition, Non-Solicitation, and Non-Disparagement

• Option A: Non-Competition: During the term of this Agreement and for a period of [Number] months following termination, Contractor shall not provide HR services to any business that directly competes with Client within a [Geographic Area, e.g., 50-mile radius of Salt Lake City]. This restriction is tailored to be reasonable in scope and duration under Utah law.
• Option B: Non-Solicitation: During the term of this Agreement and for a period of [Number] months following termination, Contractor shall not solicit, recruit, or hire any employee or contractor of Client.
• Non-Disparagement: Contractor agrees not to disparage Client or its employees, officers, or directors, at any time.

8. Insurance

Contractor shall maintain professional liability insurance (E&O) with coverage of at least [Coverage Amount]. If onsite, Contractor will comply with relevant Utah-mandated workplace coverage.

9. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved as follows:

• First, the parties shall attempt to resolve the dispute through negotiation.
• If negotiation fails, the parties shall submit the dispute to mediation/arbitration in [City, Utah], utilizing a Utah-based provider.

This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. Exclusive venue for any legal action shall be in the courts of Utah.

10. Data Security and Retention

Contractor shall implement and maintain reasonable security measures to protect Client's data, including compliance with the Utah Data Breach Notification Act if processing PII. Data retention will be compliant with Utah employment record retention laws.

11. Audits and Reviews

Client shall have the right to audit or review Contractor's work performed under this Agreement.

12. Termination

• Option A: This Agreement shall terminate upon [Date].
• Option B: Either party may terminate this Agreement upon [Number] days' written notice.

Client may terminate this Agreement immediately for breach of this Agreement by Contractor.

Upon termination, Contractor shall return or destroy all confidential data. Final payment will be made upon completion of all outstanding services and return of Client property.

13. Limitation of Liability

Client shall not be liable for any indirect, incidental, or consequential damages. Contractor shall be liable for willful misconduct, breach of confidentiality, or violations of state/federal HR laws.

14. Compliance with Laws

Contractor shall comply with all applicable Utah and federal HR-specific laws and regulations, including but not limited to Title VII, FMLA, ADA, FLSA, Utah Antidiscrimination Act, Utah Labor Code. Contractor will adhere to all client policies communicated regarding ethical practice, diversity/equity/inclusion, and HR technology use.

15. Modification

This Agreement may be modified only in writing signed by both parties.

16. Assignment

Contractor shall not assign or subcontract any duties under this Agreement without Client's written consent.

17. Representations and Warranties

Contractor represents and warrants that they are qualified and licensed (if applicable) to perform the HR services described in this Agreement in Utah.

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

[Client Full Legal Name]

By: [Client Representative Name]

Title: [Client Representative Title]

[Contractor Full Legal Name]

By: [Contractor Name]

Title: [Contractor Title (if applicable)]