• Independent Contractor Agreement

  • Instructions

  • What is an Independent Contractor? This is a self-employed individual who provides services for another person or organization under a contract, but is NOT classified as an employee. The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.

    If you are an independent contractor, then you are self-employed. The earnings of a person who is working as an independent contractor are subject to self-employment tax.

    When doing services for CTK the contractor will be issued a 1099 at the end of the calendar year. You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.

    If an employer-employee relationship exists (regardless of what the relationship is called), then you are not an independent contractor and your earnings are generally not subject to self-employment tax. However, your earnings as an employee may be subject to FICA (social security tax and Medicare) and income tax withholding.

    What will you need to fill out this form? 

    • Approval for a contractor
    • Contractor's information
      • Name, Address, Email, phone number
    • An employee contact for the Contractor
    • Employee Contact information:
      • Name, Address, Email
    • A specific description of the services that will be provided
    • Date the services will be performed on
    • Payment amount and Terms
    • Completion date - clear end date
    • Discussion about expenses
    • Liability Insurance Amount
    • Termiantion clause/date discussed
  • I. The Parties

    This agreement is made between:
  • II. The Services

    The contractor agrees to perform the following:
  • III. Payment

    In consideration for the Services to be performed by the Contractor, the Client agrees to pay the following:
  • The payment amount for services is: * Should we need additional changes to set list above and beyond what is in
    services we would pay: per hour

  • Should we need additional changes to set list above and beyond what is in
    services we would pay: per hour. Approved in advance by an email to the Finance director.

  • Completion shall be defined as the fulfillment of Services as described in Section II in accordance with Industry Standards and to the approval of the Client, not to be unreasonably withheld. 

  • The Contractor agrees to be paid:*
  • Beginning on * until:

  • IV. Due Date

  • The Services provided by the Contractor shall be performed on:*
  • V. Expenses.

  • *The Client will be required to pay the Contractor within thirty (30) days
    of any Expense after receiving an itemized expense statement from the
    Contractor. Upon request by the Client, the Contractor may have to show
    any receipt(s) or proof of purchase for said Expense(s).

  • VI Liability Insurance (Minimum ($) Amount).

    The Contractor agrees to bear all responsibilityfor the actions related to themselves and their employees or personnel under this Agreement. Inaddition, the Contractor agrees to obtain comprehensive liability insurance coverage in case ofbodily or personal injury, property damage, contractual liability, and cross-liability (“LiabilityInsurance”).
  • VII. Termination.

  • This agreement shall terminate upon the:*
  • Date
     - -
    2 digit month, 2 digit day, 4 digit year
  • In addition, the Client or Contractor may terminate this Agreement, and any obligations stated hereunder, with reasonable cause by providing written notice of a material breach of the other party; or any act exposing the other party to liability to others for personal injury or property damage.

  • VIII. Option to Terminate

  • The Client and Contractor Shall:*
  • IX. Independent Contractor Status

    The Contractor, under the code of the Internal RevenueService (IRS), is an independent contractor, and neither the Contractor's employees or contractpersonnel are, or shall be deemed, the Client's employees.In its capacity as an independent contractor, Contractor agrees and represents: Contractor hasthe right to perform services for others during the term of this Agreement; Contractor has thesole right to control and direct the means, manner, and method by which the Services requiredby this Agreement will be performed. Contractor shall select the routes taken, starting andending times, days of work, and order the work is performed; Contractor has the right to hireassistant(s) as subcontractors or to use employees to provide the Services required under thisAgreement. Neither Contractor, nor the Contractor’s employees or personnel, shall be requiredto wear any uniforms provided by the Client; The Services required by this Agreement shall beperformed by the Contractor, Contractor’s employees or personnel, and the Client will not hire,supervise, or pay assistants to help the Contractor; Neither Contractor nor Contractor’semployees or personnel shall receive any training from the Client in the professional skillsnecessary to perform the Services required by this Agreement; and Neither the Contractor norContractor’s employees or personnel shall be required by the Client to devote full-time to theperformance of the Services required by this Agreement.
  • X. Business Licenses, Permits, and Certificates.

    The Contractor represents and warrantsthat all employees and personnel associated shall comply with federal, state, and local lawsrequiring any required licenses, permits, and certificates necessary to perform the Servicesunder this Agreement.
  • XI. Federal and State Taxes.

    Under this Agreement, the Client shall not be responsible for:Withholding FICA, Medicare, Social Security, or any other federal or state withholding taxesfrom the Contractor’s payments to employees or personnel or make payments on behalf of theContractor; Make federal or state unemployment compensation contributions on theContractor’s behalf; and the payment of all taxes incurred related to or while performing theServices under this Agreement, including all applicable income taxes and, if the Contractor isnot a corporation, all applicable self-employment taxes. Upon demand, the Contractor shallprovide the Client with proof that such payments have been made.
  • XII. Benefits of Contractor's Employees.

    The Contractor understands and agrees that theyare solely responsible for shall be liable to all benefits that are provided to their employees,including but not limited to, retirement plans, health insurance, vacation time-off, sick pay,personal leave, or any other benefit provided.
  • XIII. Unemployment Compensation.

    The Contractor shall be solely responsible for theunemployment compensation payments on behalf of their employees and personnel. TheContractor shall not be entitled to unemployment compensation in connection with the Servicesperformed under this Agreement.
  • XIV. Workers' Compensation.

    The Contractor shall be responsible for providing all workers’compensation insurance on behalf of their employees. If the Contractor hires employees toperform any work under this Agreement, the Contractor agrees to grant workers’ compensationcoverage to the extent required by law. Upon request by the Client, the Contractor must providecertificates proving workers’ compensation insurance at any time during performance of service
  • XV. Indemnification.

    The Contractor shall indemnify and hold the Client harmless from any lossor liability from performing the Services under this Agreement.
  • XVI. Confidentiality.

    The Contractor acknowledges that it will be necessary for the Client todisclose certain confidential and proprietary information to the Contractor in order for theContractor to perform their duties under this Agreement. The Contractor acknowledges thatdisclosure to a third party or misuse of this proprietary or confidential information wouldirreparably harm the Client. Accordingly, the Contractor will not disclose or use, either during orafter the term of this Agreement, any proprietary or confidential information of the Client withoutthe Client's prior written permission except to the extent necessary to perform Services on theClient's behalf.Proprietary or confidential information includes, but is not limited to: The written, printed,graphic, or electronically recorded materials furnished by Client for Contractor to use; Anywritten or tangible information stamped “confidential,” “proprietary,” or with a similar legend, orany information that Client makes reasonable efforts to maintain the secrecy of business ormarketing plans or strategies, customer lists, operating procedures, trade secrets, designformulas, know-how and processes, computer programs and inventories, discoveries, andimprovements of any kind, sales projections, and pricing information; and information belongingto customers and suppliers of the Client about whom the Contractor gained knowledge as aresult of the Contractor's Services to the Client. Upon termination of the Contractor's Services tothe Client, or at the Client's request, the Contractor shall deliver to the Client all materials in theContractor's possession relating to the Client's business. The Contractor acknowledges anybreach or threatened breach of confidentiality that this Agreement will result in irreparable harmto the Client for which damages would be an inadequate remedy. Therefore, the Client shall beentitled to equitable relief, including an injunction, in the event of such breach or threatenedbreach of confidentiality. Such equitable relief shall be in addition to the Client's rights andremedies otherwise available at law.
  • XVII. Proprietary Information.

    Proprietary information, under this Agreement, shall include:The product of all work performed under this Agreement (“Work Product”), including withoutlimitation all notes, reports, documentation, drawings, computer programs, inventions, creations,works, devices, models, work-in-progress and deliverables will be the sole property of the Client,and Contractor hereby assigns to the Client all right, title and interest therein, including but notlimited to all audiovisual, literary, moral rights and other copyrights, patent rights, trade secretrights and other proprietary rights therein. Contractor retains no right to use the Work Productand agrees not to challenge the validity of the Client’s ownership in the Work Product;Contractor hereby assigns to the Client all right, title, and interest in any and all photographicimages and videos or audio recordings made by the Client during Contractor’s work for them,including, but not limited to, any royalties, proceeds, or other benefits derived from suchphotographs or recordings; and The Client will be entitled to use Contractor's name and/orlikeness in advertising and other materials.
  • XVIII. No Partnership.

    This Agreement does not create a partnership relationship between theClient and the Contractor. Unless otherwise directed, the Contractor shall have no authority toenter into contracts on the Client's behalf or represent the Client in any manner.
  • XIX. Assignment and Delegation.

    The Contractor may assign rights and may delegate dutiesunder this Agreement to other individuals or entities acting as a subcontractor (“Subcontractor”).The Contractor recognizes that they shall be liable for all work performed by the Subcontractorand shall hold the Client harmless of any liability in connection with their performed work.The Contractor shall be responsible for any confidential or proprietary information that is sharedwith the Subcontractor in accordance with Sections XVI & XVII of this Agreement. If any suchinformation is shared by the Subcontractor to third (3rd) parties, the Contractor shall be madeliable.
  • XX. Governing Law.

    This Agreement shall be governed under the laws in the State ofWashington.
  • XXI. Severability.

    This Agreement shall remain in effect in the event a section or provision isunenforceable or invalid. All remaining sections and provisions shall be deemed legally bindingunless a court rules that any such provision or section is invalid or unenforceable, thus, limitingthe effect of another provision or section. In such a case, the affected provision or section shallbe enforced as so limited.
  • XXII. Breach Waiver.

    Any waiver by the Client of a breach of any section of this Agreement bythe Contractor shall not operate or be construed as a waiver of any subsequent breach by theContractor.
  • XXIII. Additional Terms and Conditions.

  • XXIV. Entire Agreement.

    This Agreement, along with any attachments or addendums,represents the entire agreement between the parties. Therefore, this Agreement supersedesany prior agreements, promises, conditions, or understandings between the Employer andEmployee.
  • Should be Empty: