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When you draft a contract to hire an independent contractor, you don't have to start from scratch. Government agencies, law firms, and other legal services have free forms available that you can copy and adapt to your needs. A template designed for independent contractors in the same industry will be easier for you to adapt. For example, if you're hiring a freelance writer to produce content for your website, you don't necessarily want to use an agreement template designed for construction contractors. Ideally, you should find an agreement that is designed to be used in the state where you live (or where the work will be performed) and drafted or reviewed by an attorney. Your agreement should include the legal names of both yourself and your independent contractor. If the independent contractor has an LLC or corporation, use the legal name of the business rather than the contractor's individual name. In contracts, it's common to spell the legal names out once initially and refer to the parties by generic titles throughout the rest of the contract. For example, you might refer to yourself as "client" and the independent contractor as "contractor." Generally, when you hire an independent contractor you only need their services for a short period of time. The contract should state specifically when the contractual relationship begins and when it will end. Even if you intend the contract to end when the work is completed, you still want a contractual deadline by which the work must be completed. If you intend the relationship to be longer term, check your state's law or consult an employment attorney to find out if there are any limitations in your state regarding the length of contracts. Your contract should include a section that sets out specifically what the contractor will be doing for you, including what they will be responsible for and how their performance will be evaluated. If the contractor is required to use any of their own tools or resources, include this information in your description of the job. Include any information about how the completed work will be submitted or delivered to you, if necessary. One section of your agreement should state specifically how much the contractor is being paid for their services, as well as when and how you're making payment. Include any conditions you want to place on final payment. For example, if you're hiring a contractor to remodel your kitchen, you may make your final payment to the contractor contingent on the work passing inspection. Include the method of payment. If you're paying through a third-party service that charges fees, your contract should state whether you or the contractor is responsible for paying those fees. All independent contractor agreements include legal language stating that the person is an independent contractor and not your employee. It may include a brief description of the responsibilities the contractor has as a result of this relationship. In some cases, it may be enough simply to include a statement that says "In providing services under this agreement, the parties agree that Contractor is an independent contractor and not an employee of Client." Some states may require specific language to create an independent contractor relationship. Make sure any form or template you use is designed to be legally valid in your state. Signing the contract before the independent contractor starts work for you ensures that the contract will legally govern the work performed. If the contractor starts work before signing the contract, they could later argue that they agreed to something different. Both you and the contractor should sign the contract. After all signatures are in place, make copies of the signed contract for the contractor and your own records.
Search online for forms or templates. Identify the parties to the agreement. Include a specific period of time. Describe the work to be performed. Provide payment terms. Define the person as an independent contractor. Get the contract signed before work starts.