Wyoming maintenance independent contractor agreement template

Wyoming Maintenance Independent Contractor Agreement

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

Client: [Client Legal Name], a [Client Business Entity Type, e.g., Wyoming Corporation], with a physical address of [Client Physical Address] and a mailing address of [Client Mailing Address], telephone number [Client Phone Number], and email address [Client Email Address].

Independent Contractor: [Contractor Legal Name], a [Contractor Business Entity Type, e.g., Wyoming LLC], with a physical address of [Contractor Physical Address] and a mailing address of [Contractor Mailing Address], telephone number [Contractor Phone Number], and email address [Contractor Email Address]. (Wyoming Business Registration Number, if applicable: [Contractor Business Registration Number])

1. Scope of Services

The Independent Contractor shall provide the following maintenance services (the “Services”) to the Client, as described in detail in [Exhibit A: Scope of Work], which is attached to and incorporated into this Agreement:

• Option A: General property repair and maintenance
• Option B: Preventative maintenance
• Option C: Specialized equipment servicing (e.g., HVAC, plumbing)
• Option D: Emergency response services
• Option E: Landscaping
• Option F: Cleaning
• Option G: Seasonal services (e.g., snow removal, weatherproofing)
• Option H: Inspection routines

The Services shall be performed at the following location(s):

• Option A: Client's property located at [Client Property Address]. Access to the property will be provided as follows: [Access Instructions].
• Option B: Multiple locations as specified by the Client from time to time.

The Independent Contractor is responsible for:

• Option A: Providing all tools and equipment necessary to perform the Services.
• Option B: Providing certain tools and equipment as listed in [Exhibit A: Scope of Work]. The Client will provide the remainder.
• Option C: Travel expenses related to performing the Services.

2. Independent Contractor Status

It is expressly understood and agreed that the Independent Contractor is an independent contractor and not an employee, partner, joint venturer, or agent of the Client.

The Independent Contractor shall have no authority to bind the Client in any way.

The Independent Contractor is not entitled to any employee benefits, including but not limited to, health insurance, paid time off, or workers' compensation coverage from the Client.

3. Subcontracting

The Independent Contractor:

• Option A: Shall not subcontract any portion of the Services without the prior written consent of the Client.
• Option B: May subcontract portions of the Services with the prior written consent of the Client. All subcontractors must undergo a background check approved by the Client.

4. Compensation

The Client shall compensate the Independent Contractor for the Services as follows:

• Option A: Hourly rate of [Hourly Rate].
• Option B: Per-visit rate of [Per Visit Rate].
• Option C: Per-project rate as agreed upon in writing for each project.
• Option D: Monthly retainer fee of [Retainer Fee].

Minimum call-out fee: [Minimum Call-Out Fee].

Reimbursement for parts and materials:

• Option A: Client will reimburse the Independent Contractor for the actual cost of parts and materials with receipts.
• Option B: Parts and materials are included in the overall rate.

Invoicing:

• Invoices shall be submitted to the Client [Invoice Frequency, e.g., monthly, bi-weekly].
• Invoices must include: [Required Invoice Information, e.g., date, description of services, hours worked, materials costs].

Payment terms:

• Payment is due within [Number] days of receipt of invoice.
• Acceptable payment methods: [Payment Methods, e.g., check, ACH transfer].

Late payment fee:

• A late payment fee of [Late Payment Fee Amount or Percentage] will be charged for payments received more than [Number] days after the due date.

The Independent Contractor is solely responsible for all applicable federal taxes (Wyoming does not have a state income tax) and self-employment taxes. The Independent Contractor is responsible for obtaining and maintaining any required business licenses and permits from applicable Wyoming local jurisdictions.

5. Insurance

The Independent Contractor shall maintain the following minimum insurance coverage:

• General liability insurance: [Coverage Amount].
• Property damage insurance: [Coverage Amount].
• If hiring employees, Workers' Compensation insurance as required by Wyoming statutes.

The Independent Contractor shall provide the Client with a certificate of insurance evidencing the required coverage prior to commencing the Services and shall maintain such coverage throughout the term of this Agreement.

6. Liability and Indemnification

The Independent Contractor shall be responsible for any damages, injury, or accidents caused by the Independent Contractor or its subcontractors while performing the Services.

The Independent Contractor agrees to indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or relating to the Independent Contractor's performance of the Services.

Limitation of Liability: To the fullest extent permitted by Wyoming law, neither party shall be liable to the other for any consequential, indirect, incidental, special, exemplary, or punitive damages.

7. Ownership of Work Product

All maintenance records, reports, site keys, and credentials are the property of the Client and must be returned to the Client upon termination of this Agreement.

Ownership of tools, equipment, and materials shall remain with the respective owner.

8. Confidentiality

The Independent Contractor shall maintain the confidentiality of all building information, client operations, and proprietary data.

The Independent Contractor shall not share client security codes or entry information with any third parties.

9. Legal Compliance

The Independent Contractor shall comply with all applicable federal, state, and local laws and regulations, including but not limited to OSHA regulations, health and safety regulations, environmental standards, and licensing requirements for specialized work (e.g., HVAC, electrical, plumbing), and shall maintain any necessary professional or trade licensing as required by Wyoming law.

The Independent Contractor shall comply with Wyoming construction, environmental, and business codes.

10. Term and Termination

This Agreement shall commence on [Start Date] and shall continue for a term of [Term Length, e.g., one year].

• Option A: This Agreement shall automatically renew for successive [Renewal Term Length, e.g., one-year] terms unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Option B: This Agreement shall terminate upon completion of the project described in [Exhibit A: Scope of Work].

Either party may terminate this Agreement for any reason upon [Number] days written notice to the other party.

The Client may terminate this Agreement immediately upon written notice if the Independent Contractor materially breaches this Agreement, including but not limited to failure to meet Wyoming safety or licensing requirements, or providing unsatisfactory service.

Upon termination, the Independent Contractor shall promptly return all Client property and provide a final invoice for services rendered.

11. Non-Performance and Breach

In the event of non-performance or material breach of this Agreement by the Independent Contractor, the Client shall provide written notice of the deficiency and a cure period of [Number] days.

If the Independent Contractor fails to cure the deficiency within the specified cure period, the Client may withhold payment for the unsatisfactory services or terminate this Agreement immediately.

12. Change Orders

Any changes to the scope of services or compensation must be documented in a written change order signed by both parties.

13. Emergency Call-Outs

The Independent Contractor shall respond to emergency call-outs within [Number] hours.

14. Wyoming-Specific Considerations

Sales/Use Tax: If the Independent Contractor provides taxable products as part of the Services, the Independent Contractor is responsible for collecting and remitting applicable Wyoming sales/use tax in accordance with Wyoming sales/use tax law.

Business License: The Independent Contractor must possess and maintain a valid business license or registration for the applicable Wyoming local jurisdiction.

Snow Removal: The Independent Contractor agrees to prioritize snow removal in accordance with local ordinances and Client requirements.

Weatherproofing: The Independent Contractor shall perform weatherproofing services as reasonably requested by Client or specified in Exhibit A to protect the property from Wyoming weather.

15. Dispute Resolution

The parties shall attempt to resolve any disputes arising out of or relating to this Agreement through good-faith negotiation.

If negotiation fails, the parties may agree to mediate the dispute with a Wyoming-based mediator or legal professional.

If mediation fails, the parties agree that any unresolved dispute shall be resolved by:

• Option A: Binding arbitration in accordance with the rules of the American Arbitration Association, to be held in [Wyoming County Name] County, Wyoming.
• Option B: Litigation in the state courts of Wyoming, located in [Wyoming County Name] County.

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming.

16. Miscellaneous

Waiver of Jury Trial: [Option: Include or Exclude] The parties hereby waive any right to a jury trial in any action arising out of or relating to this Agreement.

Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Assignment: The Independent Contractor shall not assign this Agreement or any rights or obligations hereunder without the prior written consent of the Client.

Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given upon personal delivery or upon deposit in the United States mail, registered or certified, postage prepaid, addressed to the other party at the address set forth above.

Marketing: The Independent Contractor shall not use the Client’s name or site address for marketing purposes without prior written consent.

Keys and Security Access: The Independent Contractor agrees to follow protocols related to client property keys, security access, alarm protocols, and emergency notifications as specified in [Exhibit C: Access and Security Protocol].

Incident Reporting: The Independent Contractor shall report any incidents or emergencies to the Client immediately and cooperate with local first responders if required by Wyoming or county safety regulations.

Background Check: The Independent Contractor and any subcontractors must undergo a background check if the services are performed in residential, school, or medical settings, as required by the Client.

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

Client:

By: [Client Authorized Representative Name]

Title: [Client Representative Title]

Independent Contractor:

By: [Contractor Authorized Representative Name]

Title: [Contractor Representative Title]

Exhibits:

• Exhibit A: Scope of Work
• Exhibit B: Fee Schedule
• Exhibit C: Access and Security Protocol
• Exhibit D: Insurance Certificate