This Exclusive Contractor Agreement is designed for use in New Zealand business contexts where organizations require dedicated contractor services on an exclusive basis. The agreement is particularly valuable when engaging independent contractors who will work solely for one principal company, requiring careful structuring to maintain contractor status while ensuring exclusivity. The document addresses key requirements under New Zealand law, including proper contractor classification, tax obligations, and health and safety requirements. It includes comprehensive provisions for service delivery, payment terms, intellectual property rights, and confidentiality obligations. This agreement type is essential for businesses seeking to secure exclusive contractor services while maintaining compliance with New Zealand's regulatory framework and avoiding potential misclassification risks.
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1. Parties: Identifies the contracting parties - the principal company and the contractor
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules
4. Engagement and Scope: Establishes the contractor's engagement and defines the scope of services
5. Exclusivity: Details the exclusive nature of the arrangement and any restrictions on working with competitors
6. Term and Termination: Specifies the duration of the agreement and circumstances for termination
7. Contractor's Obligations: Lists the contractor's key responsibilities and performance standards
8. Principal's Obligations: Outlines the principal's responsibilities to the contractor
9. Fees and Payment: Details the payment terms, rates, and invoicing procedures
10. GST and Taxation: Addresses GST requirements and tax responsibilities
11. Independent Contractor Status: Clearly establishes the relationship as independent contracting, not employment
12. Intellectual Property: Covers ownership and rights to intellectual property created during the engagement
13. Confidentiality: Protects confidential information of both parties
14. Health and Safety: Addresses workplace health and safety obligations
15. Insurance: Specifies required insurance coverage
16. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Equipment and Resources: Used when specific equipment or resources are provided by either party
2. Performance Metrics: Include when specific KPIs or performance standards need to be met
3. Restraint of Trade: Added when post-termination restrictions are required
4. Subcontracting: Include if the contractor may need to subcontract any services
5. Force Majeure: Added when specific provisions for unforeseen circumstances are needed
6. Dispute Resolution: Include when specific dispute resolution procedures are required
7. Change Control: Used when formal processes for changing scope or services are needed
8. Data Protection: Include when the services involve significant data handling
9. Compliance with Policies: Added when contractor must comply with specific company policies
1. Schedule 1 - Services: Detailed description of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Performance Criteria: Specific performance standards and KPIs
4. Schedule 4 - Required Insurance: Details of required insurance types and coverage levels
5. Schedule 5 - Key Personnel: Lists key personnel involved in providing services
6. Appendix A - Company Policies: Relevant company policies the contractor must comply with
7. Appendix B - Equipment List: Inventory of any equipment provided or required
8. Appendix C - Reporting Requirements: Templates and requirements for regular reporting
Relevant legal definitions
Clauses
Relevant Industries
Technology
Professional Services
Construction
Manufacturing
Healthcare
Education
Creative Industries
Financial Services
Consulting
Engineering
Real Estate
Media and Entertainment
Marketing and Advertising
Research and Development
Transport and Logistics
Relevant Teams
Legal
Human Resources
Operations
Procurement
Finance
Compliance
Risk Management
Business Development
Project Management
Administrative Support
Relevant Roles
Chief Executive Officer
Managing Director
Operations Manager
Project Manager
Human Resources Director
Legal Counsel
Procurement Manager
Business Development Manager
Department Head
Contract Administrator
Finance Manager
Risk Manager
Compliance Officer
Resource Manager
Practice Manager
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