Independent Contractor Agreement

A contract between a business and a freelancer/contractor. Defines scope, payment, intellectual property ownership, and confidentiality. Critical for clarifying that the contractor is NOT an employee — protects against IRS misclassification issues.

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1Client (Hiring Party)
2Contractor
3Scope of Work
4Term
5Compensation
6Intellectual Property
7Governing Law
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About Independent Contractor Agreements

An independent contractor agreement is a contract between a business (the client) and a self-employed worker (the contractor) who provides services on a project or temporary basis. It establishes that the worker is NOT an employee, which has major tax and legal implications.

Why this matters

Frequently Asked Questions

What's the difference between contractor and employee?

Contractors control their own work methods, schedule, and have multiple clients. Employees follow the employer's direction on how, when, and where to work. Misclassifying employees as contractors can result in IRS penalties + back taxes.

Should the contractor or client pay taxes?

Contractors are responsible for their own taxes — including self-employment tax (15.3%). Clients issue a 1099-NEC at year-end if they pay the contractor $600+ in a year. No tax withholding by the client.

Who owns the work product?

Default depends on jurisdiction. To avoid disputes, this agreement specifies "work-for-hire" — meaning the client owns all IP created. Some contractors negotiate to retain certain rights or portfolio rights.

Can either party terminate the agreement early?

Yes, with proper notice. Most agreements include a "termination for convenience" clause allowing either party to end with 14-30 days notice. Termination for cause (breach) can be immediate.

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