Wisconsin creative independent contractor agreement template

Wisconsin Creative Independent Contractor Agreement (Graphic Design)

Date: [Date]

Client:

• Full Legal Name: [Client Full Legal Name]
• Wisconsin Mailing Address: [Client Wisconsin Mailing Address]
• Phone Number: [Client Phone Number]
• Email: [Client Email]

Contractor:

• Full Legal Name: [Contractor Full Legal Name]
• Wisconsin Mailing Address: [Contractor Wisconsin Mailing Address]
• Phone Number: [Contractor Phone Number]
• Email: [Contractor Email]

1. Scope of Services

• Option A: General Description
  • The Contractor shall provide graphic design services to the Client as described in [Description of Project].
• Option B: Detailed Deliverables
  • Conceptualization: [Description of Conceptualization Process]
  • Drafts & Revisions: [Number] drafts and [Number] revisions.
  • Final Deliverables: [List of Deliverables, e.g., Logos, Brochures, Website Mockups]
  • Asset Formatting: [File Types, e.g., .AI, .PSD, .JPEG]
  • Technical Specifications: [Resolution, Color Space, etc.]

2. Workplace Arrangements

• Option A: Remote Work
  • The Contractor will perform all services remotely.
• Option B: On-Site Work
  • The Contractor will perform services on-site at [Client's Address in Wisconsin] on [Days of the Week] from [Start Time] to [End Time].
• Option C: Hybrid Work
  • The Contractor will perform services both remotely and on-site as agreed upon. On-site work will be scheduled [Number] days per week.
  • Client Access to Contractor and Response Times: Contractor will be available via email and phone during business hours ( [Start Time] to [End Time], [Days of the Week] ) and will respond to inquiries within [Number] hours.

3. Project Timeline and Milestones

• Option A: Milestone-Based Timeline
  • Milestone 1: [Milestone Description] - Due Date: [Date]
  • Milestone 2: [Milestone Description] - Due Date: [Date]
  • Milestone 3: [Milestone Description] - Due Date: [Date]
• Option B: Date-Driven Timeline
  • Start Date: [Date]
  • Review Points: [Date(s)]
  • Delivery Date: [Date]
• Client Feedback Timelines: Client will provide feedback on drafts within [Number] business days.

4. Deliverables and Quality Standards

• Deliverable Formats: [File Types, e.g., .AI, .PSD, .PDF, .JPEG, .PNG]
• Quality Standards: The Contractor will ensure all deliverables meet professional standards for graphic design, including [Specific Quality Standards, e.g., resolution, color accuracy, typography].
• Usage Requirements: [Specify limitations on usage, e.g., for web only, for print only].

5. Intellectual Property

• Option A: Work-for-Hire
  • All work created by the Contractor under this agreement shall be considered "work-for-hire" as defined under Wisconsin and Federal copyright law, and the Client shall own all rights, title, and interest in the work, including copyright.
• Option B: License
  • The Contractor retains copyright in the work, but grants the Client a [Type of License, e.g., exclusive, non-exclusive, perpetual] license to use the work for [Specific Use Cases].
• Option C: Ownership with Limited License
  • Contractor retains ownership, client has a license to use deliverables as specified: [Specify license terms and restrictions].
• Rights to Derivative Works: [Specify who owns rights to derivative works]
• Moral Rights Waiver: To the extent permitted by Wisconsin law, the Contractor waives all moral rights in the work.
• Portfolio Use Permissions: The Contractor [Is/Is Not] permitted to use the work in their portfolio.
• Credit Attribution: The Contractor [Will/Will Not] be credited for the work. If so, the form of attribution is [Form of Attribution].

6. Compensation

• Option A: Fixed Fee
  • The Client shall pay the Contractor a fixed fee of [Dollar Amount] for the services provided.
• Option B: Milestone Payments
  • Payment Schedule:
    • Milestone 1: [Dollar Amount] upon completion of [Milestone Description]
    • Milestone 2: [Dollar Amount] upon completion of [Milestone Description]
    • Final Payment: [Dollar Amount] upon completion of all services.
• Option C: Hourly Rate
  • The Client shall pay the Contractor an hourly rate of [Dollar Amount] per hour. The Contractor will submit detailed invoices outlining the hours worked.
• Invoicing Details: Invoices will be submitted [Frequency, e.g., weekly, bi-weekly, monthly].
• Payment Timing: Payment is due within [Number] days of invoice receipt, in compliance with Wisconsin prompt payment laws where applicable.
• Late Payment Interest: Late payments will accrue interest at a rate of [Percentage] per month, not exceeding the maximum rate allowed under Wisconsin law.
• Expenses Reimbursement: The Client will reimburse the Contractor for pre-approved expenses, including [List of Expenses, e.g., stock photos, fonts].
• Sales Tax: The Contractor is responsible for collecting and remitting Wisconsin sales tax if applicable.

7. Independent Contractor Status

• The Contractor is an independent contractor and not an employee of the Client. Nothing in this agreement shall be construed as creating a partnership, joint venture, or agency relationship.
• The Contractor is responsible for all self-employment taxes, income tax, and providing their own insurance (health, professional liability, etc.).
• The Contractor [Has/Does Not Have] a business registration or relevant licensure: [Business Name and/or License Number].

8. Indemnification

• The Contractor shall indemnify and hold harmless the Client from any claims arising from the Contractor's negligence or willful misconduct.
• The Client shall indemnify and hold harmless the Contractor from any claims arising from the Client's use of the work provided by the Contractor.
• Infringement of Intellectual Property: The Contractor shall indemnify and hold harmless the Client from any claims of intellectual property infringement arising from the Contractor's work, provided that the Client uses the work as intended.

9. Non-Compete and Non-Solicitation

• Option A: No Restriction
  • There are no non-compete or non-solicitation restrictions.
• Option B: Limited Restriction (Enforceability Dependent on Wisconsin Law)
  • During the term of this agreement and for [Number] months following its termination, the Contractor shall not [Specific Non-Compete Activity] within [Geographic Area].
  • During the term of this agreement and for [Number] months following its termination, the Contractor shall not solicit the Client's employees or customers.
• Trade Secret and Confidentiality: The Contractor shall maintain the confidentiality of the Client's trade secrets and confidential information.

10. Term and Termination

• Term: This agreement shall commence on [Date] and shall continue until [Date] or the completion of the services, whichever occurs first.
• Option A: Termination for Convenience
  • Either party may terminate this agreement for any reason upon [Number] days written notice.
• Option B: Termination for Cause
  • Either party may terminate this agreement for cause if the other party breaches a material term of this agreement and fails to cure the breach within [Number] days of written notice.
• Final Compensation and Transfer of IP Upon Termination: Upon termination, the Client shall pay the Contractor for all services rendered up to the date of termination. Upon receipt of full payment, the Contractor shall transfer all applicable intellectual property rights to the Client, if applicable under Section 5.
• Return or Destruction of Client Property and Work Product: Upon termination, the Contractor shall return or destroy all client property and work product in their possession.

11. Dispute Resolution

• The parties shall attempt to resolve any disputes arising under this agreement through good faith negotiation.
• If negotiation fails, the parties shall attempt to resolve the dispute through mediation in [City, Wisconsin].
• If mediation fails, either party may bring legal action in a court of competent jurisdiction in [County, Wisconsin].
• Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin.

12. Client Cooperation

• The Client shall provide the Contractor with all necessary materials and information to perform the services.
• The Client shall provide timely approvals and feedback on the Contractor's work.

13. Compliance with Laws

• The Contractor shall comply with all applicable Wisconsin and federal laws, including the Wisconsin Fair Employment Act and state sales tax regulations.

14. Other Provisions

• Assignment: This agreement may not be assigned by either party without the written consent of the other party.
• 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, or government regulations.
• Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Severability: If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Amendment: This agreement may be amended only by a written instrument signed by both parties.

____________________________

[Client Full Legal Name]

____________________________

[Contractor Full Legal Name]