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Freelance Contractor Agreement Template for New Zealand

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Key Requirements PROMPT example:

Freelance Contractor Agreement

"I need a Freelance Contractor Agreement for a software developer who will be working remotely from Auckland on a 6-month project starting January 2025, with specific provisions for code ownership and data protection."

Document background
The Freelance Contractor Agreement is essential for businesses in New Zealand engaging independent contractors for specific projects or ongoing services. This document is designed to comply with New Zealand legislation and commercial practices, providing a clear framework for the contractor relationship while avoiding any implications of employment. It addresses key aspects such as service delivery, payment terms, intellectual property rights, confidentiality, and liability. The agreement is particularly important given the increasing prevalence of flexible working arrangements and the need to clearly distinguish between contractors and employees under New Zealand law. It protects both parties' interests by clearly defining roles, responsibilities, and deliverables while ensuring compliance with tax obligations and other regulatory requirements.
Suggested Sections

1. Parties: Identifies the contracting parties - the business/client and the contractor, including full legal names and addresses

2. Background: Sets out the context of the agreement and confirms the contractor's independent status

3. Definitions: Defines key terms used throughout the agreement

4. Engagement and Term: Confirms the engagement as an independent contractor and specifies the duration of the agreement

5. Services: Outlines the contractor's duties and responsibilities at a high level

6. Contractor Obligations: Details the contractor's general obligations, including quality of work, compliance with laws, and professional standards

7. Client Obligations: Specifies what the client must provide to enable the contractor to perform the services

8. Fees and Payment: Details the payment terms, rates, invoicing process, and expenses

9. GST and Taxation: Addresses GST requirements and confirms contractor's responsibility for their own tax obligations

10. Intellectual Property: Establishes ownership and usage rights for work created during the engagement

11. Confidentiality: Protects confidential information of both parties

12. Liability and Indemnity: Sets out the liability framework and any indemnities

13. Termination: Specifies how the agreement can be terminated by either party

14. General Provisions: Contains standard boilerplate clauses including governing law, dispute resolution, and entire agreement

Optional Sections

1. Insurance: Required when the client wants to ensure the contractor maintains specific insurance coverage

2. Non-Competition: Used when the client wants to restrict the contractor from working with competitors

3. Health and Safety: Necessary when the contractor will be working on the client's premises or with dangerous equipment

4. Subcontracting: Include when the contractor may need to subcontract some of the services

5. Equipment and Resources: Required when there are specific provisions about who provides what equipment

6. Key Performance Indicators: Used when specific performance metrics need to be met

7. Force Majeure: Include when parties want specific provisions for handling unforeseen circumstances

8. Data Protection: Required when the contractor will handle personal or sensitive data

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of services to be provided, including specific deliverables and timeframes

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

3. Schedule 3 - Key Personnel: Lists any specific individuals who will be performing the services

4. Schedule 4 - Service Levels: Specific performance standards and metrics if applicable

5. Schedule 5 - Client Policies: Any relevant client policies the contractor must comply with

6. Appendix A - Project Timeline: Detailed project timeline and milestones if applicable

7. Appendix B - Required Insurance: Specific insurance requirements and coverage levels

Authors

Alex Denne

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

Relevant legal definitions






























Clauses

































Relevant Industries

Technology and Software Development

Creative and Digital Media

Professional Services

Consulting

Marketing and Advertising

Education and Training

Construction and Trade Services

Financial Services

Healthcare

Engineering

Content Creation and Publishing

Entertainment Industry

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Information Technology

Marketing

Research and Development

Product Development

Business Development

Relevant Roles

Freelance Developer

Independent Consultant

Contract Designer

Project Manager

Content Writer

Digital Marketing Specialist

Business Analyst

Technical Consultant

Creative Director

Research Consultant

Strategic Advisor

IT Specialist

Training Consultant

Financial Analyst

Engineering Contractor

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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