An independent contractor agreement sets out the terms and conditions of the engagement of an independent contractor. An independent contractor agreement may deal with the following matters:

• describe the services to be provided;
• set out the remuneration to be provided;
• confirm the nature of the relationship is that of an independent contractor and not an employee, including provisions which confirm the independent contractor is not entitled to employee benefits such as vacation pay or other benefits, is not entitled to notice of termination or payment in lieu of notice; and that the contracting party is not responsible for employee withholdings, such as income tax, EI and CPP.;
• protection of the contracting party’s confidential information and intellectual property;
• non-solicitation provisions which prevent the independent contractor from soliciting the employees and customers of the contracting party;
• confirm the intellectual property rights of any work product produced by the contractor under the agreement;
• termination provisions;
• indemnification provisions, in which the allocate agree to be responsible for certain losses, such as where the independent contractor agrees to compensate the contracting party for any loss which it suffers due to the negligence of the independent contractor; and
• provide dispute resolutions provisions.

At Burshtein Law, we commonly draft independent contractor agreements and possess the expertise to assist you determine what to include in your independent contractor agreement. Contact us to schedule a free telephone consultation.