Independent Contractor Agreement
An ongoing contractor agreement for genuine independent contractors, covering scope, fees, IP, insurance, liability and termination.
Before you start
- Genuine contractors only: use this agreement only where the contractor genuinely runs their own business. Whether a person is an employee or an independent contractor is decided by the real substance and practical reality of the whole relationship, including how it works day to day, and not just by what the agreement says. Having an ABN does not make someone a contractor.
- Signs of employment: if the business controls how, when and where the work is done, the contractor works only or mainly for that business, cannot send someone else to do the work, uses the business's equipment and is paid for their time like a wage earner, the contractor is likely to be an employee. Calling an employee a contractor is sham contracting, which is prohibited and carries penalties, back pay of wages and entitlements, superannuation, payroll tax and workers compensation premiums. If that describes your arrangement, use an employment agreement instead.
- Healthcare practices: this agreement is not for healthcare practices engaging doctors, dentists, allied health practitioners or nurses, or for service fee or room rental arrangements. Those arrangements carry particular NSW payroll tax and workers compensation exposure and need tailored advice.
- NSW only: this agreement is drafted for New South Wales law, including NSW workers compensation, payroll tax, health records and restraint law. If either party is based, or the work is done, in another State or Territory, parts of it may not work there.
What you'll need
Each party's full legal name, ABN or ACN and address; whether the contractor is registered for GST; a description of the services, any deliverables, deadlines or milestones; the start date and any end date; where the work will be done; how the contractor will be paid and how often they invoice; any equipment you provide and expenses you reimburse; the licences or registrations the contractor needs; the insurances required; and contact people with email addresses and phone numbers for both parties.
What you get
- The finished document in Word and PDF, completed from your answers
- A plain-English guide to completing, signing and keeping it
- DIY straight away, or a solicitor check within 1 to 3 business days
How it works
- Answer the questions, in 7 short steps.
- See your fixed price and pay.
- DIY documents download straight away. Solicitor-checked documents arrive within 1 to 3 business days.
DIY or Solicitor-checked
What 1 round of review means: the solicitor reviews your answers and the document once, and makes the changes needed based on what you have told us. Changes because your instructions change after delivery, negotiating with the other side, advice outside the document, and registering or lodging it are not included. If you need any of these, you get a written fixed-fee quote first, and nothing is charged unless you agree.
Fixed prices including GST. No subscription, no account and nothing to cancel later. We won't call you unless you ask. Bought DIY and want a solicitor after all? Upgrade within 30 days and what you paid comes off.
Common questions
What is the difference between DIY and Solicitor-checked?
DIY: your document is completed from your answers and ready to download straight away. No solicitor reviews it, and it is not legal advice.
Solicitor-checked: a solicitor reviews your answers and the document, makes the changes needed in 1 round of review, and releases it to you, usually within 1 to 3 business days. The fee is fixed and does not change with the time spent.
When is my card charged?
DIY: when your document is generated, straight after checkout.
Solicitor-checked: your card is only authorised at checkout and is charged when we deliver your document. If you cancel before the solicitor starts the review, nothing is charged. If you cancel after the review has started, we keep 50% of the fee.
What if my situation is more complicated?
Some answers mean a template is not the right fit, for example an unusual structure or a dispute. When that happens we tell you, and you can request a fixed-fee quote from a solicitor instead. Quotes usually arrive within 1 business day and nothing is charged unless you accept.
Do your documents work outside NSW?
Our documents are prepared for the law of New South Wales and the Commonwealth. Some may not suit other States or Territories. If your matter is outside NSW, request a quote and we will tell you what we can do.
What do I receive?
A completed Word document (and usually a PDF copy), together with a plain-English guide to finishing, signing and, where needed, witnessing or stamping it. Your download links are on your order page, and we email you when your document is ready.
Written by NSW solicitors. Every template was prepared by a practising NSW solicitor at Corporate Legal, an incorporated legal practice. Solicitor-checked orders are reviewed by Zohra Ali, principal solicitor, or a solicitor she supervises.