This is a generic template for an UNPAID SKILLS ASSESSMENT of a prospective partner or independent contractor for a US Company. Please add appropriate forking.
Please note that it specifies arbitration -- if all parties are from the same State, you may want to substitute enforcement in a local courthouse.
Make sure your State employment laws allow for this kind of agreement!
Remember to keep Tasking hours as low as possible -- this is for work... show more evaluation, not a free lunch, and abuse could void the agreement.
Again, this is just a generic template -- if you are not an attorney, you should run it by one!
PARTNERSHIP/INDEPENDENT CONTRACTOR SKILLS ASSESSMENT AGREEMENT
This contract ("Agreement") is an agreement between Company name ("Company") and Prospective name("Prospective") made as of Date. This Agreement represents the understanding between the parties as to the nature of the interview for a potential business partnership or independent contractor relationship between the parties. Prospective understand that the Agreement is for Prospective's benefit (it could, but does not necessarily, lead to a partnership offer or independent contractor agreement), and that NO WAGES, FEES, OR OTHER COMPENSATION WILL BE PAID (there is no contemplation of payment for this Agreement).
1. Nature of work interview. Prospective will perform tasks assigned by and/or for Company ("Tasking") to evaluate Prospective's skill and ability to work in Company's social and professional environment. Tasking will be comprised of no more than Hours tasked hours of Tasking. Tasking hours may or may not be performed contiguously. Prospective agrees that this is the most limited reasonable number of hours necessary to properly evaluate Prospective.
2. Partnership or independent contractor relationship, not employment, sought. Prospective agrees that Prospective is interviewing to be a partner or independent contractor in a business venture, but not an employee, and that employment is not sought or expected. Prospective understands that because Prospective is not an employee and is not seeking employment, Tasking is undertaken without any obligation to provide any benefits, including unemployment benefits or worker's compensation benefits in the event of injury. Prospective undertakes Tasking at Prospective's own risk, and is expected to and hereby agrees that Prospective holds appropriate private insurance.
3. No payment for Tasking. Prospective understands that Prospective will not be paid or otherwise compensated for Tasking.
4. Consideration. Prospective agrees that successful completion of Tasting leads to consideration of Prospective as a potential partner or independent contractor for Company, and that this is valuable and adequate consideration for which Prospective agrees to this contract.
5. Ownership of any Product. Prospective agrees that any product or intellectual property created during or for Tasking belongs exclusively to Company. The Company will own all rights, titles and interest (including, but not limited to, copyrights, trademarks, trade secret rights, patents, and all other rights) for any works of authorship, mask works, designs, computer code, ideas and/or information made, conceived, or reduced to practice, in whole or in part, during or for Tasking. Prospective understands and agrees that no compensation beyond consideration of Prospective for potential partnership or use as an independent contractor will be made for these rights. Prospective agrees and assigns any and all rights necessary to accomplish the foregoing ownership. Prospective also agrees to further assist Company to record, perfect or defend the foregoing ownership. Prospective gives permission to Company to act for and in Prospective's behalf to execute or file any document necessary to securing evidence of the foregoing ownership.
6. Non-disclosure. Prospective understands that as part of Tasking, Prospective may be exposed to proprietary Company information or technology. Prospective agrees not to divulge, reveal, or otherwise disclose or discuss with outside parties any business information or technology to which Prospective is exposed during Tasking. At the end of Tasking, Prospective will promptly return and/or delete any information or technology received from Company. Prospective will not use any of Company's technology or business information in any work performed for any individual, company, or organization outside of Company.
7. Non-compete. For a period of up to 3 months following Tasking, Prospective agrees not perform any work (as either an Independent Contractor or Employee) for any company, individual, or organization that competes with Company, and will not seek to solicit or encourage any employee, consultant or partner in Company to engage in any activity that could compete with Company.
8. Severability. If any provision of this Agreement is deemed to be invalid or unenforceable in any respect for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of this Agreement will not be impaired in any way.
9. Termination. This Agreement terminates upon the end of Tasking, automatically upon the expiration of 90 days, or upon written receipt-requested and subsequently returned e-mail notice of Company or Prospective, but sections 5-8 (Ownership of any product, non-disclosure, and non-compete) and any potential remedies will survive termination.
10. Assignment. As the purpose of this Agreement is for the evaluation of Prospective, this Agreement may not be assigned to any other party for any reason.
11. Preliminary or injunctive relief. The parties agree that the remedy at law or arbitration for any breach or threatened breach by a party may, by its nature, be inadequate, and that in addition to damages, the other parties will be entitled to a restraining order, temporary and permanent injunctive relief, specific performance, and other appropriate equitable relief ("Relief'), without showing or proving that any monetary damage has been sustained. Relief may be ordered through arbitration, and the arbitration order enforced by any court that would otherwise have jurisdiction over the matter.
12. Arbitration will settle disputes. Any dispute, controversy, or claim arising out of or relating to this Agreement will be settled by arbitration. The arbitration will be administered by judge.me at the Internet URL resource locator http://www.judge.me and will follow the rules of that arbitration body. Judgment on the award rendered by the arbitrator may be entered in any court that would otherwise have had jurisdiction over the dispute for enforcement.
13. Governing law. In all disputes that arise from or under this Agreement, the governing law will be the law of Governing law state.
This Agreement is only enforceable if signed (e-signature permitted where state law allows).
Typed name: _______________________
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