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Form For Independent Contractor
"I need a Form For Independent Contractor for engaging a software developer as a contractor starting March 1, 2025, with specific provisions for intellectual property rights and the ability to work remotely from anywhere in New Zealand."
1. Parties: Identifies the contracting parties - the principal/client and the contractor, including full legal names and addresses
2. Background: Sets out the context of the agreement and confirms the intention to engage as an independent contractor
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Engagement and Term: Specifies the nature of engagement, term (fixed or ongoing), and confirms independent contractor status
5. Services: Outlines the services to be provided by the contractor
6. Contractor Obligations: Details the contractor's key responsibilities, standards of work, and compliance requirements
7. Principal's Obligations: Specifies the principal's responsibilities including provision of information and resources
8. Fees and Payment: Details the fee structure, payment terms, expenses, and GST arrangements
9. Relationship of Parties: Explicitly confirms the independent contractor relationship and disclaims any employment relationship
10. Intellectual Property: Addresses ownership and usage rights of intellectual property created during the engagement
11. Confidentiality: Protects confidential information of both parties
12. Liability and Insurance: Sets out liability provisions and required insurance coverage
13. Termination: Details circumstances and processes for terminating the agreement
14. General Provisions: Standard legal provisions including governing law, dispute resolution, and entire agreement
1. Health and Safety: Detailed health and safety obligations - include when services involve on-site work or physical risks
2. Equipment and Resources: Specifies who provides what equipment - include when significant equipment or resources are required
3. Performance Standards: Detailed performance metrics and KPIs - include for complex or long-term engagements
4. Subcontracting: Rules around subcontracting work - include when subcontracting might be relevant
5. Non-Competition: Restrictions on competing activities - include when contractor has access to sensitive information or clients
6. Data Protection: Specific data handling requirements - include when personal or sensitive data is involved
7. Change Control: Process for varying services or terms - include for complex or long-term engagements
8. Force Majeure: Provisions for unforeseen circumstances - include when continuity of service is critical
1. Schedule 1 - Services Description: Detailed description of services, deliverables, and performance standards
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment structures
3. Schedule 3 - Key Personnel: Details of key individuals involved in providing the services
4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels required
5. Appendix A - Service Levels: Specific service levels and performance metrics if applicable
6. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if relevant
7. Appendix C - Equipment List: Detailed list of equipment to be provided by either party
Authors
Business Day
Commencement Date
Confidential Information
Deliverables
Expiry Date
Fees
Force Majeure Event
GST
Initial Term
Intellectual Property Rights
Key Personnel
Laws
Material Breach
Moral Rights
Notice
Party/Parties
Pre-Existing IP
Principal
Principal's Premises
Principal's Representatives
Services
Service Standards
Subcontractor
Term
Termination Date
Working Hours
Contract Material
Contractor
Contractor's Representatives
Insurance Requirements
Performance Standards
Project
Project IP
Records
Related Company
Reports
Schedule of Services
Serious Misconduct
Specified Personnel
Variation
Term and Engagement
Services
Independent Contractor Status
Payment Terms
GST and Taxation
Performance Standards
Contractor Obligations
Principal Obligations
Key Personnel
Subcontracting
Health and Safety
Confidentiality
Privacy
Intellectual Property
Data Protection
Insurance
Liability and Indemnity
Termination
Force Majeure
Assignment
Dispute Resolution
Notices
Relationship of Parties
Non-Competition
Non-Solicitation
Variation
Severability
Entire Agreement
Governing Law
Good Faith
Costs
Survival
Counterparts
Technology
Construction
Professional Services
Creative Industries
Consulting
Healthcare
Education
Engineering
Marketing and Communications
Financial Services
Real Estate
Transport and Logistics
Agriculture
Manufacturing
Legal
Human Resources
Procurement
Finance
Operations
Project Management Office
Information Technology
Risk and Compliance
Facilities Management
Freelance Developer
Management Consultant
Project Manager
Graphic Designer
Content Writer
IT Specialist
Business Analyst
Marketing Consultant
Training Facilitator
Engineering Consultant
Financial Advisor
Construction Contractor
Health and Safety Consultant
Research Analyst
Software Developer
Creative Director
Technical Writer
Education Consultant
Sales Representative
Property Manager
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