An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage.
Restrictions to prevent competition by a present or former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employ¬ment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area.
This form contains a confidentiality clause. The most important part of a confidentiality clause is the definition or description of the confidential information. Ideally, the contract should set forth as specifically as possible the scope of information covered by the agreement. However, the disclosing party may be reluctant to describe the information in the contract, for fear that some of the confidential information might be revealed in the contract itself.
New Hampshire Contract with Self-Employed Independent Contractor with Confidentiality Agreement and Covenant Not to Compete A New Hampshire Contract with a Self-Employed Independent Contractor with Confidentiality Agreement and Covenant Not to Compete is a legally binding agreement between a business (referred to as the "Company") and an independent contractor (referred to as the "Contractor"). This contract outlines the terms and conditions under which the Contractor agrees to provide services to the Company while ensuring the protection of confidential information and preventing competition during and after the contract period. There are several types of New Hampshire Contracts with Self-Employed Independent Contractors, each tailored to specific industries or professions. Some common types include: 1. General Independent Contractor Agreement: This contract is suitable for a wide range of self-employed professionals and covers general terms and conditions, confidentiality, and non-competition clauses. 2. IT Services Independent Contractor Agreement: This agreement is designed for independent contractors providing Information Technology (IT) services to the Company. It may include additional clauses related to software development, network security, data protection, and intellectual property rights. 3. Consulting Services Independent Contractor Agreement: This contract is specifically designed to govern the relationship between the Company and independent consultants. It may include specifics on the scope of consulting services, project deliverables, timelines, and intellectual property ownership. 4. Creative Services Independent Contractor Agreement: This agreement is tailored for self-employed individuals providing creative services such as graphic design, web development, copywriting, or photography. It may include provisions related to copyrights, ownership of creative materials, and usage rights. Regardless of the type, every New Hampshire Contract with Self-Employed Independent Contractor with Confidentiality Agreement and Covenant Not to Compete typically covers the following key elements: 1. Identification of Parties: The contract begins by identifying both the Company and the Contractor, including their addresses and contact information. 2. Scope of Services: The contract outlines the nature of the services to be provided by the Contractor, including a detailed description of the tasks, deliverables, timelines, and any specific requirements. 3. Compensation and Payment Terms: This section specifies the payment structure, including the amount, frequency, and method of payment. It may also outline any additional expenses or reimbursements. 4. Confidentiality Agreement: The Contractor agrees to treat all confidential information received during the contract term as strictly confidential and not to disclose or use it for any other purpose without prior written consent. 5. Covenant Not to Compete: This clause prevents the Contractor from engaging in similar business activities or working for competitors within a specified geographic area and for a certain period after the termination of the contract. 6. Intellectual Property Ownership: The contract establishes who will own the intellectual property rights to any work or materials created by the Contractor during the contract period. 7. Termination Clause: The circumstances under which either party can terminate the contract are specified, including any notice period or conditions for termination. It is essential for both the Company and the Contractor to carefully review and understand the terms and conditions of the New Hampshire Contract with Self-Employed Independent Contractor with Confidentiality Agreement and Covenant Not to Compete before signing it, seeking legal advice if necessary, to ensure clarity and enforceability.
