I am writing this post because of a Quora question that I answered. Please see What are the most important provisions in an independent contractor agreement?
Independent Contractor Agreement Business Terms
As concerns business terms, the most important provisions in an independent contractor agreement pertain to the following.
- Specification of the products or services to be provided
- The amount, frequency and nature of the payments to be made (fixed fee, time and materials, time and materials with a not-to-exceed amount, etc.)
Independent Contractor Agreement Legal Terms
As concerns legal terms (other than common contractual “boilerplate”), the most important provisions in an independent contractor agreement include the following.
- Acceptance criteria and warranties
- Ownership of deliverables and associated intellectual property rights
- Confidentiality obligations
- Resolution of payment, and other types of, disputes
- Remedies for default
- Limitations of liability and damages
- Indemnification rights and obligations
- Limitation of Liability and Confidentiality Provisions in Tech Contracts
- Independent Contractors: How to Assign Copyrights
Check out all posts about independent contractors.
Dana H. Shultz, Attorney at Law +1 510-547-0545 dana [at] danashultz [dot] com
This blog does not provide legal advice and does not create an attorney-client relationship. If you need legal advice, please contact a lawyer directly.