The Simple Independent Contractor Agreement Free template is designed for Australian businesses needing to establish legally compliant contractor relationships. It's particularly suitable for small to medium-sized businesses engaging independent contractors for specific projects or ongoing services. This agreement helps distinguish the contractor relationship from employment, addressing key requirements under Australian legislation including the Independent Contractors Act 2006 and Fair Work Act 2009. The document includes essential provisions for services, payment, intellectual property, and confidentiality while remaining straightforward and user-friendly. It's structured to minimize the risk of sham contracting while protecting both parties' interests in the contractor relationship.
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1. Parties: Identification of the business/client and the contractor, including full legal names, ABN/ACN, and registered addresses
2. Background: Brief context of the agreement and confirmation of independent contractor relationship
3. Definitions: Key terms used throughout the agreement defined for clarity
4. Engagement and Term: Specification of contractor's engagement, commencement date, and duration (fixed term or ongoing)
5. Services: Detailed description of services to be provided by the contractor
6. Contractor Obligations: Key responsibilities, performance standards, and compliance requirements
7. Client Obligations: Client's responsibilities including provision of information, access, and resources
8. Fees and Payment: Payment terms, rates, invoicing process, and expenses
9. GST: GST treatment of payments and obligations
10. Relationship of Parties: Clear statement of independent contractor status and not employment
11. Insurance and Liability: Required insurance coverage and limitation of liability provisions
12. Intellectual Property: Ownership and rights to work created during the engagement
13. Confidentiality: Protection of confidential information and trade secrets
14. Termination: Grounds for termination and notice requirements
15. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Equipment and Resources: Details of who provides tools, equipment, and resources - include when contractor uses significant equipment
2. Performance Reviews: Process for reviewing contractor's performance - include for longer-term engagements
3. Non-Compete: Restrictions on working with competitors - include when protecting business interests is crucial
4. Non-Solicitation: Restrictions on soliciting clients or employees - include for client-facing roles
5. Subcontracting: Rights and restrictions regarding subcontracting - include when subcontracting might be needed
6. Work Health and Safety: Specific WHS obligations - include for high-risk or on-site work
7. Data Protection: Specific data handling requirements - include when personal data is processed
8. Dispute Resolution: Detailed dispute resolution process - include for high-value contracts
1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and performance criteria
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Insurance Requirements: Specific insurance types and coverage levels required
4. Appendix A - Service Levels: Performance standards and metrics, if applicable
5. Appendix B - Approved Subcontractors: List of pre-approved subcontractors, if applicable
Relevant legal definitions
Clauses
Interpretation
Engagement
Term
Services
Performance
Payment
GST
Expenses
Independent Contractor Status
No Employment Relationship
Resources and Equipment
Insurance
Intellectual Property
Confidentiality
Privacy
Record Keeping
Warranties
Liability
Indemnity
Termination
Force Majeure
Assignment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
Waiver
Engagement
Term
Services
Performance
Payment
GST
Expenses
Independent Contractor Status
No Employment Relationship
Resources and Equipment
Insurance
Intellectual Property
Confidentiality
Privacy
Record Keeping
Warranties
Liability
Indemnity
Termination
Force Majeure
Assignment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
Waiver
Relevant Industries
Information Technology
Professional Services
Construction
Creative Industries
Consulting
Healthcare
Education
Marketing and Communications
Financial Services
Engineering
Real Estate
Business Services
Media and Entertainment
Relevant Teams
Legal
Human Resources
Operations
Finance
Procurement
Administration
Compliance
Risk Management
Project Management
Relevant Roles
Business Owner
Operations Manager
HR Manager
Project Manager
Legal Counsel
Procurement Manager
Department Head
Finance Manager
Managing Director
Contract Administrator
Small Business Owner
Startup Founder
General Manager
Chief Operating Officer
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