The Freelance Service Agreement is essential for businesses and individuals engaging independent contractors in the United States. This document establishes clear boundaries between employment and independent contractor relationships, helping avoid misclassification issues under IRS guidelines. It outlines crucial elements including service scope, compensation, intellectual property rights, and confidentiality terms. The agreement protects both parties' interests while ensuring compliance with federal and state regulations governing freelance work.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Services: Detailed description of services to be provided
5. Payment Terms: Compensation, payment schedule, and invoicing requirements
6. Term and Termination: Duration of agreement and termination provisions
7. Independent Contractor Relationship: Clarification of non-employee status
8. Intellectual Property Rights: Ownership and rights to work product and pre-existing IP
9. Confidentiality: Protection of confidential information and trade secrets
10. Representations and Warranties: Statements of fact and promises made by both parties
11. Limitation of Liability: Limits on legal liability between parties
12. General Provisions: Miscellaneous legal provisions including governing law, notices, and assignment
1. Non-Compete: Restrictions on competition during and after the agreement term
2. Equipment and Resources: Provisions regarding tools, equipment, and resources provided by either party
3. Insurance Requirements: Required insurance coverage and minimum policy amounts
4. Dispute Resolution: Specific procedures for handling disputes including arbitration or mediation
5. Force Majeure: Provisions for unforeseeable circumstances preventing performance
6. Compliance with Laws: Specific regulatory compliance requirements for the services
1. Schedule A - Scope of Services: Detailed breakdown of services to be provided including deliverables and specifications
2. Schedule B - Fee Schedule: Detailed payment terms, rates, and reimbursable expenses
3. Schedule C - Project Timeline: Project milestones, delivery dates, and reporting requirements
4. Schedule D - Confidential Information: Specific list of confidential materials and information to be protected
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