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Independent Contractor Agreement (Pro-Recipient) (California)

This is an Independent Contractor Agreement between an independent contractor and the party for whom the independent contractor will perform specified services in California. Customizable and ready to use in under 10 minutes.
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4.7 (131 reviews)
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Under 10 minutes
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Document Overview

This is an Independent Contractor Agreement between an independent contractor and the party for whom the independent contractor will perform specified services in California.

This document has been drafted with terms that favor the client receiving the services and is intended for private employers. Its language has been customized to comply with California and federal law.

The terms "Contractor" and "Client" are used to help avoid the parties' relationship being characterized as an employee/employer relationship. Note, however, that the key determination of whether a worker is characterized as an employee or independent contractor hinges on control. The more a Client controls a Contractor, the more likely an employee/employer relationship exists instead of a client/independent contractor relationship. The determination of whether a worker is properly classified as an employee or an independent contractor faces different scrutiny and has different considerations in other labor areas such as for unemployment and disability insurance requirements, income tax withholdings, and workers' compensation claims. In general, the basic questions still revolve around the right to control, but there are specific tests in California for specific industries and rebuttable presumptions for certain types of employees.

This document has been drafted with these tests and presumptions in mind. However, the question of control hinges on not only the agreement itself, but also on the practice of how the services are provided. For instance, the more projects a Contractor works on or the longer the engagement, the more the Contractor is likely acting as an employee. Employers should consult California counsel to ensure compliance with applicable law.

Further information on drafting the Independent Contractor Agreement (Pro-Recipient) (CA)

What does the Independent Contractor Agreement cover?

  • Performance of the services.

  • Location.

  • Payment.

  • Client's obligations.

  • Intellectual property.

  • Confidentiality.

  • Relevant warranties and indemnities.

  • Termination.

Other names for the Independent Contractor Agreement include:

  • Consulting Agreement.

  • Services Contract.

This document is part of a Lawpath workflow

Follow the end-to-end procedure for hiring an employee by following the link here.


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Here's what people say about Lawpath’s Independent Contractor Agreement (Pro-Recipient) (California)
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Discretionery trustThe document was easy to create and perfect for my needs.
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Michel
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Good expereinceThis process of document creation was exactly what i need at this time.
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tubi
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Very easyThe document was easy to create, although it will require some modifications for my purposes.
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Shane
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That seemed to work wellI haven't had a full chance to review the document yet, but it looks like it is going to suit our needs well.
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Ian S
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Very good.I would like to have seen the costs of the account and the free trial restrictions up front.
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Erina
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Great websiteThe document was easy to create and perfect for what i needed
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kaycee85
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Helpful but time consumingThe templates were very helpful but a little inconsistent and so required a lot more time to customise. For example, the t&c (goods) say shipment costs for returns are the responsibility of the customer but the refund policy contradicts this. There are also inconsistencies within templates e.G. Shipping policy - one section says domestic shipping only but there is a whole other section that talks about international shipping customs and taxes. Very rarely could a template be completed in the time guidelines provided. Other than that, the templates were easy to use and support was timely and helpful.
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Private user
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Great experience easy to navigateThe document was easy to create and website easy to navigate
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Brad
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EasyThe document was easy to create and suited my needs.
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Brenda
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Great experienceThe document was easy to create and perfect for my needs
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Rredman21
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