Individual Consultant Agreement Template for United States

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Key Requirements PROMPT example:

Individual Consultant Agreement

"I need an Individual Consultant Agreement for hiring a senior IT security consultant based in California who will work remotely on our cloud infrastructure project starting March 2025, with strict IP protection and confidentiality provisions."

Document background
The Individual Consultant Agreement is essential when engaging independent professionals for specific projects or expertise. It protects both parties by clearly defining the business relationship, scope of services, deliverables, and payment terms while ensuring compliance with U.S. federal and state regulations regarding independent contractor classification. This agreement is particularly important for maintaining clear boundaries between employees and contractors, addressing intellectual property rights, and establishing confidentiality obligations. Companies should use this agreement whenever engaging individual consultants to prevent misclassification issues and protect business interests.
Suggested Sections

1. Parties: Identification of contracting parties and their legal details

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided by the consultant

5. Term and Termination: Duration of agreement and conditions for termination

6. Compensation: Payment terms, rates, and invoicing procedures

7. Independent Contractor Status: Clear statement of consultant's status as independent contractor

8. Intellectual Property Rights: Ownership and rights to work product created during engagement

9. Confidentiality: Protection and handling of confidential information

Optional Sections

1. Non-Compete: Restrictions on competitive activities during and after engagement

2. Equipment and Resources: Provisions regarding tools and resources provided or required

3. Insurance Requirements: Specific insurance coverage requirements for the consultant

4. Data Protection: Requirements for handling personal or sensitive data

Suggested Schedules

1. Schedule A - Scope of Work: Detailed description of deliverables, milestones, and timelines

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule C - Required Insurance: Specific insurance requirements and coverage levels

4. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Industries

Federal Employment Laws: Core federal regulations including IRS guidelines on contractor classification, Fair Labor Standards Act (FLSA), and federal tax requirements and reporting obligations

State-Specific Laws: Various state-level regulations including labor codes, independent contractor tests (e.g., ABC test in California), state tax requirements, and state-specific non-compete regulations

Intellectual Property Laws: Legal framework covering Copyright Act, Patent Act, Trade Secrets Protection Act, and work-for-hire doctrine under copyright law

Contract Law: Fundamental contract principles including state contract laws, Uniform Commercial Code (where applicable), and Statute of Frauds requirements

Privacy and Data Protection: Regulations concerning state privacy laws, industry-specific regulations, and data protection requirements

Anti-Discrimination Laws: Legal protections including Civil Rights Act, Americans with Disabilities Act, and Age Discrimination in Employment Act

Insurance Requirements: State-specific insurance requirements and workers' compensation considerations for independent contractors

Professional Licensing: Industry-specific licensing requirements and professional certification requirements that may apply to consultants

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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