Consultant acknowledges that its performance -pursuant to this Agreement is of a unique, special, unusual, extraordinary, and intellectual character, making it difficult to replace and giving it a peculiar value, the loss of which cannot be reasonably compensated in damages in an action as law; that Consultant's breach of any provision of this Agreement will cause The Company irreparable injury and damage; and that The Company shall therefore be entitled, as a matter of right exercisable at The Company's election, to seek to enforce this Agreement and all of the provisions herein by injunction or other equitable relief, and/ or in an action for damages. Consultant hereby irrevocably appoints the Company as Consultant's true and lawful attorney for purposes of effectuating the acts contemplated in this Section 1(F), including but not limited to executing on behalf of Consultant as Consultant's attorney-in-fact (which power is coupled with an interest) the applications, registrations, assignments, descriptions and other instruments described in the previous sentence. User requirements and/or documentation included in Appendix A or mutually agreed to in writing by the parties from time-to-time during the term of this Agreement ("Specifications"). The main difference between a consultant agreement and an employment agreement is in the former the individual acts as an independent contractor and the latter the person acts as an employee. Consultants, especially if the business is technology-oriented, often have access to a considerable amount of the company’s confidential information. It contains assignment language and work-for-hire language. (I) Counterparts/Signature Delivery. Just fill-in the blanks, print and save $1,000's in legal fees, "The gold standard in simple, secure, legal documentation. The following table summarizes some key differences between independent contractors and employees. Watch how easy it is to fill in your Independent Contractor (Consulting) Agreement. It is best used in conjunction with a Consulting Agreement, as in the example contained in Appendix E. Download a form which shows a separate sample Confidentiality and Invention Assignment Agreement for Consultants. In the event that the Company shall desire to secure separate assignments of any of the foregoing, Consultant agrees to execute them upon the Company's request therefore. You must be especially vigilant, however, to correctly fill out your forms and agreements to avoid having the IRS disagree with your assessment of a worker as an independent contractor. In the event the Company withholds any payments from the Consultant due to the Disputed Work, the Company shall concurrently provide the Consultant with a detailed written notice setting forth the reason(s) for such non-acceptance, and the Consultant shall have a reasonable opportunity to correct such work. You have limited control over the contractor. Then, if you want to verify the information you’ve been given, have the consultant or independent contractor sign a background check form such as the samples you can download here and here. The Consultant agrees to comply and to cause its agent(s) and/or subcontractors to comply with the provisions of all applicable laws, regulations and executive orders relating to nondiscrimination in employment, and the use of minority business enterprises, to the extent that any such laws, orders and regulations are applicable in the performance of their work hereunder. In fact, decreased tax liability is one of the greatest benefits your company can realize from using an independent contractor or consultant. This simple agreement, written specifically for experts and consultants providing professional advice, will do … (i) Governing Law/Disputes. (b) Unless otherwise provided, the Consultant shall attend review meetings with the Company personnel once a week during the term of the Agreement to discuss the progress of the Services, and any Additional Services, and to report on and deliver work completed and in progress during the week. Thanks, I am glad you found it easy to use the Consulting Agreement / Independent Contractor Agreement. Except for the Consultant's tools, processes, pre-existing materials and methodologies (collectively, the "Consultant Materials") which the Company acknowledges and agrees are owned by the Consultant, the Company shall be entitled to and shall own all of the results, proceeds, and work product of Consultants Services (hereinafter referred to in the aggregate as the "Invention") throughout the world in perpetuity (including, but not limited to, all copyrights, trademarks, patents and other intellectual property, and all other rights, throughout the world in any and all media, and via reproduction by any art or method, whether now known or hereafter devised) whether such results and proceeds consist of attorney work product, literary (including but not limited to articles), dramatic, or any other form of works, ideas, themes, compositions, methods, inventions, creations, and/or products, and without obligation to pay any fees, royalties or other amounts except those expressly provided for in this Agreement. Tax laws allow you to treat employees and contractors differently. 30 DAY MONEY BACK GUARANTEE. All Confidential Information, and any Derivatives (as defined below) thereof, remains the property of The Company, and no license or other rights to Confidential Information is granted or implied hereby. You'll avoid "legal overwhelm" and lawyer's fees and sure-up the contractor relationship with a binding Agreement in place. This agreement is more detailed and protective than the Independent Contractor Agreement discussed in the preceding section.