The Independent Subcontractor Agreement is essential when a primary contractor needs to engage additional skilled professionals or services to fulfill project requirements. This document is particularly important in the United States where worker classification is strictly regulated by federal and state authorities. It clearly defines the independent nature of the relationship, protecting both parties from misclassification risks while establishing clear expectations for deliverables, payment terms, and professional obligations. The agreement typically includes provisions for intellectual property rights, confidentiality, and liability protection, making it suitable for various industries and project types.
Independent Subcontractor Agreement for the United States
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Key Requirements PROMPT example:
Independent Subcontractor Agreement
"I need an Independent Subcontractor Agreement for a software development project where we'll be engaging a freelance developer for 6 months starting January 2025, with strict IP protection and confidentiality requirements."
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1. Parties: Identifies the contracting parties, including full legal names and addresses
2. Background/Recitals: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided by the subcontractor
5. Payment Terms: Compensation, payment schedule, and invoicing requirements
6. Term and Termination: Duration of agreement and conditions for termination
7. Independent Contractor Status: Explicitly establishes nature of relationship and contractor's independence
8. Representations and Warranties: Basic assurances from both parties
9. Governing Law: Specifies jurisdiction and applicable laws
1. Intellectual Property Rights: Ownership and rights to work product - include when creative or technical work is involved
2. Non-Compete: Restrictions on competing activities - include when protecting business interests is crucial
3. Insurance Requirements: Specific insurance coverage requirements - include when work involves significant risks or liability
4. Confidentiality: Protection of sensitive information - include when proprietary information will be shared
5. Equipment and Materials: Provisions regarding tools and resources - include when specific equipment or materials are required
1. Schedule A - Scope of Work: Detailed description of services, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed breakdown of rates and payment terms
3. Schedule C - Insurance Requirements: Specific insurance coverage requirements and limits
4. Schedule D - Required Qualifications: List of required certifications, licenses, or qualifications
5. Schedule E - Service Level Agreement: Performance metrics and standards
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