The Independent Contractor Hold Harmless Agreement is designed for use in New Zealand business contexts where organizations engage independent contractors and need to establish clear liability protection. This document is particularly relevant in situations where contractors perform services that could potentially expose the principal to liability risks. The agreement combines standard independent contractor terms with specific hold harmless and indemnification provisions, ensuring compliance with New Zealand law while protecting the principal's interests. It's commonly used across various industries and can be customized to address specific risk factors, service requirements, and industry regulations. The document includes essential elements such as scope of services, payment terms, insurance requirements, and detailed indemnification provisions, all structured to be enforceable under New Zealand jurisdiction.
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1. Parties: Identifies and defines the contracting parties - typically the Company/Principal and the Independent Contractor
2. Background: Explains the context of the agreement and the parties' intention to enter into an independent contractor relationship with hold harmless provisions
3. Definitions: Defines key terms used throughout the agreement, including 'Services', 'Hold Harmless', 'Indemnification', and other relevant terms
4. Scope of Services: Detailed description of the services to be provided by the independent contractor
5. Independent Contractor Status: Explicitly establishes the nature of the relationship as independent contractor, not employment
6. Hold Harmless and Indemnification: Core section detailing the hold harmless provisions, including scope of protection and limitations
7. Contractor's Obligations: Outlines the contractor's responsibilities, including quality of work, timeline, and professional standards
8. Principal's Obligations: Details the principal's responsibilities, including payment terms and provision of necessary information
9. Insurance Requirements: Specifies required insurance coverage the contractor must maintain
10. Term and Termination: Duration of the agreement and conditions for termination
11. General Provisions: Standard contract clauses including governing law, dispute resolution, and entire agreement
1. Intellectual Property Rights: Include when the contractor's services involve creation of intellectual property or use of existing IP
2. Confidentiality: Add when the contractor will have access to sensitive or proprietary information
3. Non-Compete and Non-Solicitation: Include when there's a need to protect business interests post-engagement
4. Health and Safety Compliance: Add for services involving physical work or site presence
5. Subcontracting: Include if the contractor may need to engage subcontractors
6. Force Majeure: Add when services might be affected by events beyond parties' control
7. Assignment: Include when transfer of rights needs to be addressed
8. Variations: Add when the scope of services might need future modification
1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and performance standards
2. Schedule 2 - Fee Schedule: Payment terms, rates, and payment milestones
3. Schedule 3 - Insurance Requirements: Specific insurance types and coverage amounts required
4. Appendix A - Service Levels: Performance metrics and service level requirements if applicable
5. Appendix B - Health and Safety Requirements: Specific health and safety procedures and requirements if applicable
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