The Exclusive Contractor Agreement is essential when businesses need to secure dedicated services from independent contractors while maintaining compliance with U.S. employment and labor laws. This agreement type is particularly valuable when companies require consistent, exclusive access to specialized skills or services without creating an employer-employee relationship. The document addresses key aspects including scope of work, compensation, exclusivity terms, intellectual property rights, and confidentiality obligations, while ensuring proper classification under IRS guidelines and relevant state laws.
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1. Parties: Identifies and defines the contracting parties - the company and the contractor
2. Background: Explains context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Details the services to be provided by the contractor
5. Term and Termination: Duration of agreement and conditions for termination
6. Compensation: Payment terms, rates, and schedule
7. Independent Contractor Status: Clarifies nature of relationship and contractor's independence
8. Exclusivity: Terms of exclusive arrangement
9. Confidentiality: Protection of confidential information
10. Governing Law: Specifies applicable jurisdiction and law
1. Insurance Requirements: Specifies required insurance coverage when services involve risk or liability concerns
2. Non-Compete: Restrictions on competitive activities when protecting market position is crucial
3. Intellectual Property: Ownership and rights to created works when contractor will create IP during engagement
4. Equipment and Resources: Provisions for tools and resources when specific equipment or resources are required
5. Dispute Resolution: Process for resolving disagreements when specific dispute resolution procedures are desired
1. Schedule A - Services Description: Detailed outline of services to be provided
2. Schedule B - Compensation Details: Detailed payment terms, rates, and schedules
3. Schedule C - Key Performance Indicators: Performance metrics and standards
4. Schedule D - Insurance Requirements: Specific insurance coverage requirements
5. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms
Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
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