California Independent Contractor Agreement Template

​ [Contractor.FirstName] [Contractor.LastName] , with legal address at [Contractor.Country] [Contractor.State] [Contractor.StreetAddress] [Contractor.City] [Contractor.PostalCode] .

Both of whom will be referred to in this contract as party or parties. This agreement is hereby entered into on [Document.CreatedDate] .

RESPONSIBILITIES AND SERVICES

The client hires the contractor to provide the following services (describe the service, e.g., design a landing page). The contractor is legally bonded only to perform those tasks, and if the client requires any other services, they will be included in a new agreement. The client does not have any right whatsoever to ask for any other labor that has not been previously established in this contract.

DURATION

The agreement will come into effect on (date) and for a duration of (e.g., three months or until the project is complete). It will be finished or renewed at the end of the project. Both parties agree to fulfill the terms and conditions of the contract until the project is completed.

PAYMENTS

The client will pay all contract fees in full (e.g., the first of each month) within a frame of seven days of delay. The contractor has the right to terminate the agreement effective immediately if failure of payment occurs after the provided time frame. Each payment will be made through (e.g, direct deposit) as previously agreed upon between both parts.

NO EMPLOYER-EMPLOYEE RELATIONSHIP

Henceforth, both parties agree that this agreement does not constitute an employer-employee relationship in any manner and that the contractor is independent and has the authority to decide how the services are carried on and delivered. At the same time, the client has no responsibilities whatsoever as an employer.

EXPENSES

The client will cover the following expenses during the length of this agreement: (Description of expenses, e.g., supplies). Accordingly, the contractor agrees to provide all necessary receipts of expenses and information the client needs to provide payment.

PROPRIETARY RIGHTS AND OWNERSHIP

All the information, goods, or valuables provided by the contractor to the client under the terms of this contract will be rightfully owned by the client. Hereby, the contractor agrees not to claim any proprietary rights now or in the future about any of the services, goods, or valuables. This agreement stands even after the contract is finalized.

OTHER TERMS AND CONDITIONS

Both parties agree to protect all information exchanged between them, including all private information and any particular data the client provides the contractor about their business. (Use this space to detail specific terms and conditions according to your particular use of this template).

SEVERABILITY

If any of the terms and conditions of this agreement is held to be invalid by a court of law, the agreement will continue to be enforced except for that specific invalidated point.

NON-WAIVER

If either contractor or client fails to fulfill the terms of this agreement, the contract will be immediately terminated, and both sides will have the right to take legal action. This agreement has been made under local, state, and federal governing laws, such as (add law here).

ENTIRE AGREEMENT

This contract contains the entire agreement between both parties about all matters, superseding any previous verbal or written agreements between them. Anything stated outside of this agreement will not be considered valid.

MM / DD / YYYY MM / DD / YYYY

California Independent Contractor Agreement

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Useful resources

FAQ

What is the new independent contractor law in California?

The new (2020) independent contractor law in California is called the “AB5 worker classification ruling” and states that every worker is an employee unless they pass a 3-point test called “ ABC .” If the worker passes the test, they can be considered independent contractors. If not, the employer must register the contractor as an employee and assume all related responsibilities.

What qualifies as an independent contractor in California?

To qualify as an independent contractor in California, you must pass the ABC test that determines if a person has all requirements to be considered an independent worker. The test is divided into three different sections that analyze the level of authority the worker has during a project, if the work is outside the usual course of the hiring entity and if the worker is engaged in an independently established trade, occupation, or business of the same entity of the work that is being conducted.

What should be included in an independent contractor agreement?

The fundamental things that you need to include in an independent contractor agreement are:

If you need help creating your agreement, you can use a template like the one on our website.

Does California have a special test for independent contractors?

It is called the ABC test and responds to the new AB5 worker classification ruling. It is a self-test, and it is the contractor’s job to do it and provide all correct answers and results accordingly, as indicated on the test’s website. Other states that use the test are Delaware, Illinois, Indiana, Massachusetts, Nebraska, Nevada, New Hampshire, New Jersey, Vermont, Washington, and West Virginia.

Do independent contractors need a business license in California?

Almost all independent contractors in the state of California need a business license since they are considered to be providing a service or goods in exchange for payment. But it depends on the field of work, and you must first be licensed as a contractor by the state’s contractor’s board.

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