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Sole Trader Contract for New Zealand

Sole Trader Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes a business relationship between a client and a sole trader for the provision of specific services. The contract defines the scope of services, payment terms, obligations of both parties, and includes essential provisions for intellectual property, confidentiality, and liability. It ensures compliance with New Zealand legislation including the Contract and Commercial Law Act 2017, while maintaining the independent contractor status of the sole trader.

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What is a Sole Trader Contract?

This Sole Trader Contract is designed for use in New Zealand business contexts where organizations engage independent contractors operating as sole traders. The document establishes a clear commercial relationship while maintaining the contractor's independence and avoiding any suggestion of employment. It includes comprehensive terms covering service delivery, payment, intellectual property rights, and risk allocation, all aligned with New Zealand commercial law. This contract is particularly suitable for businesses seeking to formalize relationships with individual contractors while ensuring compliance with relevant legislation, including tax obligations and fair trading requirements. The agreement provides flexibility to accommodate various service types while maintaining proper business structure and legal protections for both parties.

What sections should be included in a Sole Trader Contract?

1. Parties: Identifies the contracting parties - the client and the sole trader, including full legal names, addresses, and any relevant business numbers

2. Background: Outlines the context of the agreement and the general nature of the business relationship

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Services: Detailed description of the services to be provided by the sole trader

5. Term and Engagement: Specifies the duration of the agreement and nature of engagement

6. Payment Terms: Details regarding fees, invoicing, payment methods, and timeframes

7. Obligations of the Sole Trader: Key responsibilities, quality standards, and performance requirements

8. Obligations of the Client: Client's responsibilities including provision of information, access, and resources

9. Intellectual Property: Ownership and rights regarding any IP created during service provision

10. Confidentiality: Protection of confidential information for both parties

11. Liability and Insurance: Liability limitations and required insurance coverage

12. Termination: Conditions and process for ending the agreement

13. General Provisions: Standard legal clauses including governing law, notices, and assignment

What sections are optional to include in a Sole Trader Contract?

1. Health and Safety: Required when services are performed on-site or involve physical work

2. Equipment and Resources: Include when specific tools or resources are required for service delivery

3. Non-Compete: Add when protecting client relationships or market position is crucial

4. Data Protection: Include when personal data processing is involved in service delivery

5. Subcontracting: Required if the sole trader might need to subcontract any work

6. Key Performance Indicators: Include when specific performance metrics need to be measured

7. Force Majeure: Add when long-term or critical services are involved

8. Dispute Resolution: Include detailed dispute resolution procedures for high-value contracts

What schedules should be included in a Sole Trader Contract?

1. Schedule 1 - Service Specification: Detailed breakdown of services, deliverables, and performance standards

2. Schedule 2 - Fee Schedule: Comprehensive fee structure, including rates and payment terms

3. Schedule 3 - Service Levels: Specific service levels and response times if applicable

4. Appendix A - Insurance Requirements: Details of required insurance coverage and limits

5. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable

6. Appendix C - Required Equipment: List of equipment or resources required for service delivery

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions
























Clauses

























Relevant Industries

Professional Services

Information Technology

Construction

Creative Industries

Consulting

Education

Healthcare

Marketing and Advertising

Financial Services

Trade Services

Property Management

Engineering

Transport and Logistics

Relevant Teams

Legal

Procurement

Operations

Human Resources

Finance

Risk and Compliance

Commercial

Administration

Project Management Office

Relevant Roles

Procurement Manager

Contract Manager

Legal Counsel

Business Owner

Operations Manager

Project Manager

Human Resources Manager

Commercial Manager

Risk Manager

Finance Manager

Small Business Owner

Department Head

General Manager

Managing Director

Industries








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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