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Contractor Agreement

Contractor Agreement Template for Germany

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Key Requirements PROMPT example:

Contractor Agreement

"I need a Contractor Agreement under German law for a software developer who will be working remotely on our mobile app project for 6 months starting January 2025, with specific provisions for code ownership and data protection."

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Document background
This Contractor Agreement template is designed for use under German law when engaging independent contractors (Selbständige) for professional services. It is specifically structured to address the requirements of German civil law (BGB) and includes necessary provisions to clearly distinguish the contractor relationship from employment, helping prevent Scheinselbständigkeit issues. The agreement covers essential aspects such as service scope, compensation, intellectual property rights, and data protection, while maintaining flexibility for various business contexts. It's particularly important in the German business environment where the distinction between contractors and employees is strictly regulated.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details where applicable

2. Background: Context of the agreement and confirmation of contractor's independent status

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided by the contractor

5. Term and Termination: Duration of the agreement and termination provisions

6. Compensation and Payment Terms: Fee structure, payment schedule, and invoicing requirements

7. Independent Contractor Status: Clear statement of independent contractor relationship and autonomy in service delivery

8. Contractor's Obligations: Key responsibilities and performance standards

9. Client's Obligations: Client's responsibilities and commitments

10. Intellectual Property Rights: Ownership and usage rights of work products

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Scope of liability and indemnification obligations

13. Data Protection: GDPR compliance and data handling requirements

14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

15. Entire Agreement: Integration clause and relationship to other agreements

Optional Sections

1. Non-Competition: Restrictions on competing activities, used when contractor has access to sensitive business information

2. Insurance: Insurance requirements, relevant when services involve significant risks

3. Equipment and Resources: Provisions regarding tools and resources, used when specific equipment is required

4. Subcontracting: Rules for engaging subcontractors, included when subcontracting might be necessary

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term contracts

6. Quality Assurance: Specific quality standards and metrics, used in technical or specialized services

7. Training Requirements: Necessary qualifications and ongoing training, relevant for specialized services

8. Compliance with Industry Standards: Specific industry regulations and standards, used in regulated industries

Suggested Schedules

1. Schedule 1 - Service Description: Detailed specification of services, deliverables, and performance metrics

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Time Schedule: Project timeline, milestones, and delivery dates

4. Schedule 4 - Contact Details: Key contact persons and communication protocols

5. Appendix A - Data Processing Agreement: Detailed GDPR-compliant data processing terms if personal data is processed

6. Appendix B - Technical Requirements: Technical specifications and requirements for service delivery

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses




































Relevant Industries

Information Technology

Management Consulting

Professional Services

Creative Industries

Engineering

Construction

Healthcare

Education and Training

Financial Services

Marketing and Advertising

Software Development

Media and Entertainment

Relevant Teams

Legal

Human Resources

Procurement

Operations

Finance

Compliance

Risk Management

Project Management Office

Administration

Relevant Roles

Legal Counsel

HR Manager

Procurement Manager

Project Manager

Operations Director

Chief Financial Officer

HR Director

Contracts Manager

General Counsel

Business Development Manager

Department Head

Managing Director

Chief Executive Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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