Hiring a Freelancer Contract Template (Employer Edition)http://guttulus.com/wp-content/themes/corpus/images/empty/thumbnail.jpg 150 150 http://2.gravatar.com/avatar/?s=96&d=mm&r=g
Freelance Work for Hire Contract
Re: Freelance Work for Hire Contract
This Work-for-Hire Freelance DESCRIPTION OF JOB Agreement (this “Agreement”) is hereby entered into as of this DATE (“Effective Date”) between the Guttulus and Client noted below, with respect to the Services and Project defined below.
Terms & Conditions
SERVICES; PROJECT. Subject to the terms and conditions set forth herein, Client hereby engages DESCRIPTION OF JOB to perform, and DESCRIPTION OF JOB agrees to perform, professional freelance DESCRIPTION OF JOB services (“Work”) to be performed on/for the following project (s): projects as needed(“Project”).
DELIVERABLES; DISCRETION. Upon completion, DESCRIPTION OF JOB shall submit the completed Project in written form in format reasonably acceptable to Client. DESCRIPTION OF JOB is obliged to work only on the Project and the Client is not entitled to demand DESCRIPTION OF JOB’s engagement in another project unless or until Client and DESCRIPTION OF JOB enter into a separate agreement to cover such project on mutually agreed-upon terms.
OBLIGATIONS AND WARRANTIES OF DESCRIPTION OF JOB. Upon submitting the Project to the Client, DESCRIPTION OF JOB represents and warrants that the Project (or any part of it) is done in good faith. DESCRIPTION OF JOB acknowledges and agrees that if they fail to adequately complete the Project by the due date the Client has the sole right to cancel this Agreement; provided that Client must pay DESCRIPTION OF JOB a reasonable prorated amount of the Fees proportionate to that portion of the Project completed to date. If the DESCRIPTION OF JOB fails to meet the Project deadline, they must contact the Client to request deadline extension at least NUMBER OF HOURS hours prior to the due date. Extension can be granted in Client’s sole discretion.
COMPENSATION; CHANGES. Client agrees to pay DESCRIPTION OF JOB: $XX.00 per Hour recorded on TIME RECORDING PROGRAM. If the parameters of the Project changes, or if it involves much more time than originally estimated, DESCRIPTION OF JOB will inform Client and they can renegotiate the rate.
INDEPENDENT CONTRACTOR STATUS. The parties expressly agree and acknowledge that the relationship created by this Agreement is one of Independent Contractor. DESCRIPTION OF JOB is not the insurance employee of the Client. DESCRIPTION OF JOB agrees to be treated as an Independent Contractor for all employment purposes. Payroll deductions, employment taxes and that are subject to this paragraph include but are not limited to FICA, federal, state, and local income tax withholding; state disability insurance; state unemployment insurance; and workers compensation insurance. DESCRIPTION OF JOB shall not hold himself/herself out to the public as an employee, agent, or partner of or with the Client.
TERMINATION. This Agreement will begin on the Effective Date set forth above and shall continue until terminated as provided herein by either party. If either party violates a term of this Agreement, then the other party (the “Non-breaching Party”) may terminate this Agreement, effective immediately upon delivery of written notice of termination.
OWNERSHIP/COPYRIGHT. All original Work created for this project shall be considered “work-for-hire” performed in the United States of America, as defined under Section 101, Copyright Act of 1976 (USC §101), which states, A work made for hire is: (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. DESCRIPTION OF JOB agrees to assign, and hereby assign, to COMPANY, without additional compensation, all right, title and interest in all creations, inventions, ideas, designs, copyrightable materials, trademarks, and other technology and rights (and any related improvements or modifications), whether or not subject to patent or copyright protection (collectively, “Creations”), relating to any activities of COMPANY that are conceived or developed in the course of work for hire employment. DESCRIPTION OF JOBfurther waive any “moral” rights, or other rights with respect to attribution of authorship or integrity of such Creations that the DESCRIPTION OF JOBmay have under any applicable law, whether under copyright, trademark, unfair competition, defamation, right of privacy, contract, tort or other legal theory.
FINAL AGREEMENT. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
SOLE AGREEMENT; AMENDMENTS. The agreement contained in this Contract constitutes the sole agreement between the DESCRIPTION OF JOB and the Client regarding the project outlined above. Any additional work not specified in this contract requires a separate agreement. All prices specified in this contract will be honored for up to six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.
GOVERNING LAW. This contract will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules
ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
I, DESCRIPTION OF JOB assert that I have read, understood and agree to the terms of this Work-for-Hire Freelance Agreement.
Name of Freelancer