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Work Made For Hire Contract
"I need a Work Made For Hire Contract for engaging a software developer as an independent contractor to create a custom CRM system, with the project starting March 2025 and running for 6 months; must include strong IP protection clauses and source code ownership provisions."
1. Parties: Identifies and provides full details of the contracting parties (the hiring entity and the contractor/creator)
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of the work to be performed, deliverables, and standards
5. Term and Timing: Duration of the agreement and any key milestones or deadlines
6. Payment Terms: Compensation, payment schedule, expenses, and invoicing requirements
7. Intellectual Property Rights: Assignment of IP rights, including copyright, patents, and moral rights
8. Confidentiality: Protection of confidential information and trade secrets
9. Warranties and Representations: Promises made by both parties regarding capacity, quality, and originality of work
10. Relationship of Parties: Clarifies the independent contractor relationship and disclaims employment relationship
11. Termination: Circumstances under which the agreement can be terminated and the consequences
12. General Provisions: Standard legal provisions including governing law, notices, and entire agreement
1. Non-Compete: Restrictions on working with competitors - include when protecting market position is crucial
2. Non-Solicitation: Prevents poaching of clients/employees - include for sensitive business relationships
3. Insurance: Insurance requirements - include when work involves significant risks or valuable deliverables
4. Work Health and Safety: Specific WHS obligations - include when work involves physical presence or safety risks
5. Performance Reviews: Process for reviewing work quality - include for long-term or complex projects
6. Moral Rights: Specific handling of moral rights - include for creative works where attribution is important
7. Background IP: Treatment of pre-existing IP - include when contractor brings significant IP to the project
8. Subcontracting: Rules about using subcontractors - include when subcontracting might be necessary
1. Schedule 1 - Services Description: Detailed specification of services, deliverables, and acceptance criteria
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment milestones, and expense policies
3. Schedule 3 - Project Timeline: Detailed project schedule, milestones, and delivery dates
4. Schedule 4 - Approved Subcontractors: List of pre-approved subcontractors if applicable
5. Appendix A - Required Insurances: Specific insurance requirements and coverage levels
6. Appendix B - Service Levels: Performance standards and quality metrics
7. Appendix C - Background IP: List of pre-existing intellectual property brought to the project
8. Appendix D - Compliance Requirements: Specific regulatory or industry compliance requirements
Authors
Technology
Media and Entertainment
Creative Industries
Professional Services
Software Development
Digital Marketing
Publishing
Advertising
Design and Architecture
Engineering
Research and Development
Consulting
Education and Training
Gaming Industry
Legal
Human Resources
Procurement
Operations
Project Management
Creative Services
Software Development
Research & Development
Compliance
Intellectual Property
Contract Administration
Risk Management
Legal Counsel
Contract Manager
HR Manager
Project Manager
Creative Director
Software Development Manager
Procurement Manager
Operations Manager
Business Development Manager
Chief Technology Officer
Chief Creative Officer
Talent Acquisition Manager
Intellectual Property Manager
Compliance Officer
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