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🇺🇸 United States · HR & staff

Independent Contractor Agreement (1099)

Agreement with an independent contractor paid on a 1099 basis — a key defense against worker misclassification claims.

All templates
Country
🇺🇸 United States
Category
HR & staff
Language of the text
EN
Version
1

⚠️ This is a blank template, not legal advice: check the wording with a lawyer and adapt it to your jurisdiction and your case.

Document

INDEPENDENT CONTRACTOR AGREEMENT

This Agreement is made on Agreement date between Company (hiring party) (Company address), the "Company", and Contractor name (Contractor address), a Contractor type (the "Contractor").

1. SERVICES 1.1. Contractor shall perform the following services: Description of services. 1.2. Term: from Start date to End date (or until completion of the services described above).

2. COMPENSATION 2.1. Payment basis: Payment basis. Amount: Payment amount. 2.2. Contractor is solely responsible for all federal, state, and local taxes on amounts paid under this Agreement, including self-employment tax. The Company will not withhold income or payroll taxes and will issue Form 1099-NEC for payments of $600 or more in a calendar year, as required by the IRS. 2.3. Contractor bears all costs of performing the services, including tools, equipment, materials, travel, and insurance, unless the parties agree otherwise in writing. Form W-9: Contractor shall provide a completed IRS Form W-9 before the first payment. The Company may withhold payment until the form is received.

3. INDEPENDENT CONTRACTOR STATUS 3.1. Contractor is an independent contractor, not an employee, agent, or partner of the Company. Contractor is not eligible for employee benefits, unemployment insurance, or workers compensation coverage through the Company. 3.2. Own tools & right to work for others. Contractor determines the manner and means of performing the services and controls its own work schedule, subject to the deliverables described in this Agreement. 3.3. This Agreement alone does not guarantee independent-contractor classification: actual working practices govern. Several states apply stricter tests than federal law — for example, California applies the "ABC test" (AB 5), under which misclassification risk is especially high for salon workers and delivery drivers. Review the applicable test in Governing state law before relying on this Agreement.

4. CONFIDENTIALITY 4.1. Contractor shall keep confidential all non-public business information of the Company disclosed in connection with the services. Work product: all deliverables created by Contractor specifically for the Company under this Agreement become the property of the Company upon full payment. Contractor assigns to the Company all right, title, and interest in that work product and will sign any documents reasonably needed to perfect the assignment. Contractor retains ownership of pre-existing materials and grants the Company a license to use them as part of the deliverables.

5. TERM AND TERMINATION 5.1. Either party may terminate this Agreement for any reason upon Termination notice (days) days written notice.

6. GOVERNING LAW 6.1. This Agreement is governed by the laws of Governing state law.

SIGNATURES Company ______________ / Company (hiring party) / Contractor ______________ / Contractor name /

— — — ⚠️ This is a boilerplate template, not legal advice. Employment, consumer-protection, and business law in the United States vary significantly by state (and sometimes by city) — have this document reviewed and adapted by a licensed attorney in your state before use. Official government forms (Form I-9, Form W-4, Form W-9, Form 1099-NEC, etc.) are not included here and must be obtained directly from the IRS/USCIS in their official, unmodified form.

Fields of the document

Fields that belong to a switched-off clause are dimmed — they are not asked for.

  • Agreement datedaterequired
  • Company (hiring party)textrequiredautomatic
  • Company addresslong textoptionalautomatic
  • Contractor nametextrequired
  • Contractor addresslong textoptional
  • Contractor typechoicerequired
  • Description of serviceslong textrequired
  • Payment basischoicerequired
  • Payment amountamountrequired
  • Start datedateoptional
  • End datedateoptional
  • Own tools & right to work for otherschoicerequired

    Key factor in independent-contractor status; the more the Company controls the "how", the higher the misclassification risk

  • Governing state lawtextrequired
  • Termination notice (days)numberoptional

    Days notice required to terminate without cause

In Cenaly this template fills itself in

2 of 14 fields are taken from the company, employee or counterparty record, the questionnaire can be dictated to the AI, and the finished document comes with a number, a PDF and an acknowledgement record.