Independent Contractor Contract | Agreement

This is the full and FREE DL Guide that comes with every purchase of an Independent Contractor Agreement on Dynamic Lawyers:

When you purchase an Ontario Independent Contractor Agreement from Dynamic Lawyers, you get a lawyer-prepared and customizable legal form, a VIDEO TUTORIAL showing you how to customize the legal form, the DL GUIDE (above), plus another DL GUDE (entitled “Is My Legal Form Valid and Enforceable?”) – all for a very low price of just $97 plus taxes! It would cost you thousands of dollars for a lawyer to prepare all of these things for you from scratch! So what are you waiting for? Get your package today!

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FREE Non-Solicit Agreement Template? Not quite…but it’s the next best thing…

We have just released a Non-Solicit | Non-Solicitation Agreement for Ontario. While it’s not FREE, it’s pretty darn affordable: ONLY $27! In addition to the lawyer-prepared, customizable, and downloadable legal form, you get a FREE Video Tutorial (watch an example of how to customize it), a FREE WRITTEN GUIDE (read helpful information about this legal form) and ANOTHER FREE WRITTEN GUIDE (entitled “Is My Legal Form Valid and Enforceable?”). All for just $27? Awesome! Best of all, if you need a lawyer, just go to www.DynamicLawyers.com and make a post to get free quotes.

This legal form can be used by one party to restrict another party’s ability to solicit customers and employees during a set period of time and within a set geographic area. If you’re looking for Non-Compete Agreements and Confidentiality and Non-Disclosure Agreements, you can purchase them as well on www.DynamicLawyers.com.

If you’re looking for a non-compete clause in the Employment or Independent Contractor context, they are included in the Employment Agreement (indefinite term) and Independent Contractor Agreements which you can purchase on Dynamic Lawyers.

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Here comes Legal Form + Video Guide #25:

Non-Solicit | Non Solicitation Ageement

This legal form can be used by one party to restrict another party’s ability to solicit its customers or employees during a set period of time and within a set geographic area. If you’re looking for Non-Compete Agreements and Confidentiality and Non-Disclosure Agreements, you can purchase them as well on www.DynamicLawyers.com.

If you’re looking for a non-solicit clause in the Employment or Independent Contractor context, they are included in the Employment Agreement (indefinite term) and Independent Contractor Agreements which you can purchase on Dynamic Lawyers.

Here’s the sample Video Guide that comes with this Non-Solicit | Non-Solicitation Agreement (Ontario):

This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

written by admin \\ tags: confidentiality and non disclosure agreement, employment agreement, independent contractor agreement, non compete agreement, non competition agreement, non solicit, non solicitation agreement, non solicitation agreement ontario, non solicitation form, non solicitation sample, non solicitation template, ontario non solicit agreement

FREE Non-Competition Agreement Template? Not quite…but it’s the next best thing…

We have just released a Non-Compete | Non-Competition Agreement for Ontario. While it’s not FREE, it’s pretty darn affordable: ONLY $27! In addition to the lawyer-prepared, customizable, and downloadable legal form, you get a FREE Video Tutorial (watch an example of how to customize it), a FREE WRITTEN GUIDE (read helpful information about this legal form) and ANOTHER FREE WRITTEN GUIDE (entitled “Is My Legal Form Valid and Enforceable?”). All for just $27? Awesome! Best of all, if you need a lawyer, just go to www.DynamicLawyers.com and make a post to get free quotes.

This legal form can be used by one party to restrict another party’s ability to compete with it during a set period of time and within a set geographic area. If you’re looking for Non-Solicitation Agreements and Confidentiality and Non-Disclosure Agreements, you can purchase them as well on www.DynamicLawyers.com.

If you’re looking for a non-compete clause in the Employment or Independent Contractor context, they are included in the Employment Agreement (indefinite term) and Independent Contractor Agreements which you can purchase on Dynamic Lawyers.

written by admin \\ tags: employment agreement, independent contractor agreement, non compete agreement ontario, non competition, non competition agreement ontario, non solicit agreement, non solicitation agreement, non-compete, ontario non compete agreement, ontario non compete form, ontario non compete template, ontario non competition agreement, ontario non competition agreement sample, ontario non solicit agreement template

Here comes Legal Form + Video Guide #24:

Non-Compete | Non Competition Agreement

This legal form can be used by one party to restrict another party’s ability to compete with it during a set period of time and within a set geographic area. If you’re looking for Non-Solicitation Agreements and Confidentiality and Non-Disclosure Agreements, you can purchase them as well on www.DynamicLawyers.com.

If you’re looking for a non-compete clause in the Employment or Independent Contractor context, they are included in the Employment Agreement (indefinite term) and Independent Contractor Agreements which you can purchase on Dynamic Lawyers.

Here’s the sample Video Guide that comes with this Non-Compete |  Non-Competition Agreement (Ontario):

This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

written by admin \\ tags: employment agreement, independent contractor agreement, non compete agreement ontario, non competition, non competition agreement ontario, non solicit agreement, non solicitation agreement, non-compete, ontario non compete agreement, ontario non compete form, ontario non compete template, ontario non competition agreement, ontario non competition agreement sample, ontario non solicit agreement template

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to Non-Compete or Non-Solicitation clauses in Ontario, you should seek professional assistance (e.g. make a post on Dynamic Lawyers). We have Toronto, Ottawa, Hamilton, Brampton, Mississauga and other Ontario lawyers registered to help you. If you’re looking for Non-Compete and Non-Solicitation clauses within an employment or independent contractor agreement, then check out our legal forms + video guides. You can contact me directly if you need a business lawyer.

Yes, I know.  I’ve already written TONS of blog posts about non-solicitation and non-compete clauses and agreements.  But, every now and then I come across something new that I want to add that I hope you will benefit from.  So let’s recap where we’re at, shall we?

• If you are an EMPLOYER and you are hiring an employee, you can find non-solicitation and non-compete clauses in our Employment Agreement.
• If you are a CLIENT (a business) and are engaging the services of an independent contractor (instead of an employee), you can also find non-solicitation and non-compete clauses in our Independent Contractor Agreement.
• If you are an EMPLOYER and you are terminating an Employee, you can find non-solicitation and non-compete clauses in our Employee Termination Agreement.
• If you are a CLIENT (a business) and want to do business with another party, you can find a non-solicitation agreement here and a non-compete agreement here.

So you see: there are many different ways in which non-compete and non-solicitation clauses and agreements can pop up.  Each situation is different.  Anyways, that’s our starting point.  So once you have the proper agreement, the next step will be to customize it for your particular circumstances.  For this process, you should be familiar with the various issues and nuances that come into play.  For example, what have courts said about non-compete agreements in the employment or business context?  What about non-solicitation agreements? How can they be challenged?  How can you prevent against future challenges?  This is where a lawyer’s guidance comes into play.  And I’ll be sharing some of that insight right here in my blog.  But if you want to see the big picture, you should purchase the appropriate package and read the full DL Guide that comes with the legal form.

So without further adieu, lets start talking nuts and bolts, shall we?

Why do we need Non-Compete and Non-Solicitation Agreements?
Employers and businesses have secrets.  They don’t want their competitors to know.  Also, they don’t want to create new competitors by allowing employees or business partners to simply come in, learn all the tricks, and then leave and set up shop next door.  So that’s where restrictive covenants come in like non-competes and non-solicitation clauses and agreements.

Non-Competes
The idea for a non-compete is easy: one party is prevented from competing in the same or similar business as another party.  The term is important: you can’t require a non-compete to last forever.  It’s unreasonable and in restraint of free trade.  So the time limit can run, for example, during the course of the relationship and for a set period of time at the expiration or termination of that relationship (e.g. 6 months, 2 years, 5 years, etc.).  There will also be limitations on geographic scope: is it in a City, Province, Country, or within a set distance (e.g. 25 km) from a certain location?   What is reasonable with respect to term and geography will depend on the circumstances of each case.

Non-Solicitations
Non-solicitation agreements are less restrictive / harsh than non-competes.  If you only have a non-solicit, you can set up shop and compete with a former employer or business partner, but you cannot solicit their customers or employees.   In Lyons v. Meltari , [2002], O.. No. 3462 (Ontario Court of Appeal) (which I’ve previously blogged about here), the Ontario Court of Appeal found that a non-compete clause was too onerous and (as such unenforceable)  and that a non-solicitation clause would have sufficed in those particular circumstances.

But in Elsey v. J.G. Collins Insurance Agencies Ltd. (discussed below), the Supreme Court of Canada upheld a broad non-compete clause on the basis of the facts before it.  Importantly, the court said that a simple non-solicitation clause would NOT have sufficed.

Elsey v. J.G. Collins Insurance Agencies Ltd.
In this case,the Supreme Court was faced with the issue of whether an insurance agent had violated a non-compete clause in an employment contract with his former employee.  The clause provided that the employee would not directly or indirectly engage in the business of a general insurance agent within the defined area for a period of 5 years after any termination of his employment as manager.  The employee worked a number of years for the employer.  During that time, he dealt with customers, gained knowledge of the insurable assets, financial credit, likes and dislikes and idiosyncrasies of each customer, in a recurring and confidential relationship.  Then, one day, the employee left and started his own general insurance agency.  He took 3 employees with him.  He advertised and his former employer’s clients left to become his clients.

When the case reached the Supreme Court, the judges had an opportunity to speak about the nature of restrictive covenants and non-competes generally.   Here are a few things which the court observed about restrictive covenants:

1. A covenant in restraint of trade is enforceable only if it is reasonable between the parties and with reference to the public interest.
2. As in many of the cases which come before the courts, competing demands must be weighed.
3. On the one hand, there is an important public interest in discouraging restraints on trade and maintaining free and open competition unencumbered by the fetters of restrictive covenants.
4. On the other hand, the courts have been disinclined to restrict the right to contract, particularly when that right has been exercised by knowledgeable persons of equal bargaining power.
5. In assessing the opposing interests, the word one finds repeated throughout the cases is the word “reasonable”.
6. The test of reasonableness can be applied, however, only in the peculiar circumstances of the particular case.
7. The validity of a restrictive covenant can be determined only upon an overall assessment of the clause, the agreement within which it is found and all of the surrounding circumstances.
8. The distinction made in the cases between a restrictive covenant contained in an agreement for the sale of a business and one contained in a contract of employment is well-conceived and responsive to practical considerations.
9. A person seeking to sell his business might find himself with an unsaleable commodity if denied the right to assure the purchaser that he, the vendor, would not later enter into competition.
10. Difficulty lies in definition of the time during which, and the area within which, the non-competitive covenant is to operate, but if these are reasonable, the courts will normally give effect to the covenant.

With these principles in mind, the Court found that the former employer had a proprietary interest to be protected.   The Court also found that the geographic and time limits of the clause were NOT too broad.  Therefore, the clause was reasonable as between the parties.

Furthermore, the covenant was not contrary to the public interest, as the evidence indicated that there were at least 22 general insurance agents in the surrounding area.

But would have a simple non-solicitation clause sufficed instead of a general non-compete?  The Court didn’t think it would have been enough: where the employee has acquired a close personal acquaintance with the customers of the business, a covenant which prevents the employee from establishing his own business may be justified as opposed to a covenant which merely prohibits the solicitation of former clients by the employee. A non-solicitation covenant would not have been adequate to protect the plaintiff’s proprietary interest in its clients in this case.

For these reasons, the Court found the non-compete enforceable and the employee liable for its breach.

So what’s the moral of this story?  Well, you not only get some general principles about non-competes and non-solicitations in this decision, but you actually get to see how the Supreme Court applied those principles to the facts of the case before it.  It looked at the text of the clause, the agreement, the surrounding facts, the reasonableness of the non-compete, etc.

written by admin \\ tags: business lawyer, employee termination, independent contractor agreement, legal advice, legal forms, non compete agreement, non compete clauses, non solicitation agreement, ontario lawyers, solicitation, terminating an employee, termination agreement

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to employment-related matters, you should seek professional assistance (e.g. make a post on Dynamic Lawyers). We have Toronto, Ottawa, Hamilton, Brampton, Mississauga and other Ontario lawyers registered to help you. If you’re looking for an employment or independent contractor agreement, then check out our legal forms + video guides. You can contact me directly if you need a business lawyer.

So in this blog, I’ll be talking about how an employer can make fundamental changes to an employee’s employment without triggering a constructive dismissal claim.  Recall from previous blogs that, if an employer changes a fundamental aspect of an employee’s job (e.g. increased responsibilities, decreased pay, decreased benefits, relocation, etc.), then the employee can claim that they were constructively dismissed and seek damages for reasonable notice.  In order to avoid the cost and time of litigating a constructive dismissal case, an employer should wise-up so that it does not INADVERTENTLY terminate the employee.

Wronko v. Western Inventory Ltd.
This leads me to my discussion of Wronko v. Western Inventory Services Ltd. 2008 ONCA 327, leave to appeal refused, 65 C.C.E.L. (3d) 185 (Supreme Court of Canada).  This was an Ontario Court of Appeal decision.  In this case, after working for the company for 16 years, an employee was promoted to management.  Later that same year, the employee signed a new employment agreement that provided him with a payment of 2 years’ salary and bonus in case he was terminated without cause.  About a year and a half later, the employee was presented with a revised employment agreement.  This new agreement cancelled and replaced his previous termination package with a simple “3 weeks for each year of service” up to a maximum of 30 weeks’ notice package.   This new package was designed to match other packages for senior executives.  This did not sit well with this particular employee, since he stood to gain more under the previous termination package.  So he refused to sign.  The president of the company sent an email to the employee, advising him that the amended employment agreement was in “full force and effect”.  The employee fought back, claiming that he had been constructively dismissed.  He launched a lawsuit.

The Court of Appeal found that the president’s email was evidence of the employer terminating the employment relationship.  It was a unilateral and unequivocal change to a fundamental aspect of that relationship.   The employee had also repeatedly and steadfastly rejected the amendment – but to no avail.  Since the employer had terminated the relationship, the employee had 3 options: (1) accept the change, (2) reject the change and sue for damages for constructive dismissal, or (3) make it clear to the employer that the new terms are being rejected (at which point the employer has to decide whether to terminate the employee with proper notice and offer re-employment on new terms or acquiesce to the employee’s position).  In the case of (3) above, if the employee does not terminate the employee and permits him or her to keep fulfilling his or her job requirements, then the employee is entitled to insist on adherence to the terms of the original employment contract!

In this particular case, the Court of Appeal found that the third option above fit the bill.  Specifically, the employee explained that he had rejected the new changes.  Instead of terminating the employee and offering re-employment on new terms or continuing his employment based on the old terms, it simply terminated him.  This triggered the old termination clause (not the new one, since that agreement had not been accepted by the employee).  As such, the employee was entitled to 2 years’ termination pay!

Lessons learned
So what can be gleamed from Wronko?  Well, if you’re an employer and you want to avoid being sued for constructive dismissal, you need to offer fresh consideration (something of value to the employee) when you unilaterally change a fundamental aspect of employment.  That “consideration” cannot simply be continued employment.  There must be additional pay, benefits, etc. to reflect a bargain.  Furthermore, this fresh consideration must be accepted by the employee.  It’s best to document this acceptance through a new employment agreement or amendment to the existing one.  If that consent is not forthcoming, then the employer has a few options: (1) terminate the employee based on the provisions of the employment agreement (or common law or employment standards legislation) and offer re-employment based on new terms or (2) allow the employee to maintain their employment based on the old and existing terms.

written by admin \\ tags: business lawyer, constructive dismissal, court of appeal, employment agreement, fundamental aspect, independent contractor agreement, legal advice, legal forms, ontario court of appeal, ontario lawyers

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to Non-Compete or Non-Solicitation clauses in Ontario, you should seek professional assistance (e.g. make a post on Dynamic Lawyers). We have Toronto, Ottawa, Hamilton, Brampton, Mississauga and other Ontario lawyers registered to help you. If you’re looking for Non-Compete and Non-Solicitation clauses within an employment or independent contractor agreement, then check out our legal forms + video guides. You can contact me directly if you need a business lawyer.

This is part 5 of a series of blogs I’m writing about non-compete and non-solicitation agreements.  In my first blog, I discussed what they were and when you need them.  I also talked about what tests and factors a court will consider in determining whether to enforce a non-compete clause.  In my second blog, I tackled the question of when should an employer or human resources manager require an employee to sign a non-compete or non-solicitation agreement.  In my third blog, I discussed how they could be challenged.  In my fourth blog, I talked about things that employers and human resources managers should be on the lookout for if they want to try to mitigate lawsuits from happening or succeeding in court.  In this blog, I’ll be talking about an important issue that comes up often: what happens if there is no WRITTEN non-compete or non-solicitation agreement or clause within an employment agreement?

OK, so as a human resources person or a small business owner, you’ve gone ahead and hired someone.  Now, for whatever reason, you didn’t purchase an Employment Agreement from Dynamic Lawyers.  That agreement contains restrictive covenants.  But you didn’t think about it.   Now the employee has left and is basically competing with you in the same business.  Nothing was ever written or signed to the effect that they couldn’t.  So where does that leave you?

It’s a very complex area of law, but there was an important case that talked about this very situation.

Gertz v. Meda Ltd.
In Gertz v. Meda Ltd. (2002), 16 C.C.E.L. (3d) 79, the Ontario Superior Court of Justice was faced with the following situation…An employee engineer worked for a placement agency for 8 years.  The employee was dismissed and then went to work briefly for another placement agency to help put together a proposal he had previously given to the original placement agency.  This is where things got contentious: the original placement agency sued for damages resulting from breach of fiduciary duty and confidentiality.

So the issues before the Court were twofold: (1) was the employee a fiduciary of the employer which required him NOT to compete against the employer and (2) did the employee breach confidentiality provisions.  Keep in mind that there was no written agreement dealing with these matters, so the Court would have to rely on common law (i.e. judge-made law).

With respect to whether the employee breached his fiduciary duty to the employer by leaving and then immediately competing, the Court concluded that this particular employee owed NO SUCH DUTY.  Therefore, the employee was free to do so.  The Court reasoned that, while certain employees (such as top management, directors, officers, etc.) may have a fiduciary duty not to do so (in accordance with their duty of loyalty, good faith, and avoiding conflicts of interest, etc.), this particular employee was simply a glorified salesman:

38 I conclude on the evidence that Mr. Gertz was, essentially, a salesman who managed the Chrysler account and others, with a view to selling labour at a markup. He had little or no authority to make decisions that affected the company. He had no power to direct and guide the affairs of the company. As issues arose that required the exercise of authority, his function was to make recommendations only, while the power to make decisions remained with Mel Lawn and, to a lesser extent, Mr. Rosenthal. To use the label that emerges from the caselaw, I find that Mr. Gertz was a “mere employee”, to whom a fiduciary duty does not attach.

OK, so the court found that MERE employees are entitled to get up and compete with their previous employer.  Those in top management, however, may not be so lucky – even if no contract is signed.  Their duties of good faith, loyalty, and avoiding conflicts of interest may restrict their ability to compete.

So that takes care of the first issue.  So what about using confidential information?  When the employee left, he didn’t take anything with him other than his accumulated knowledge retained in his mind. The Court found that there was no breach of confidence.  So how did it get there?  Well, first the Court said that a breach of confidence requires 3 elements:

1. Confidential information
2. Which was communicated in confidence and
3. Which was mis-ued by the party who received it.

Among other things, the Court found that the information was not confidential (it was shared, common to the industry) and it was not unfair for the employee to use that information anyways since he had been wrongfully terminated.

So what’s the moral of the story?  Well, just because employees haven’t signed restrictive convenant agreements (e.g. non compete, confidentiality, non-solicit) doesn’t mean that they can be PREVENTED from competing or soliciting.  At common law, they CAN be PREVENTED from doing so if they owed a fiduciary duty or a duty of confidence to the employer.  There are common law tests that need to be met before a judge will conclude that the employee did anything wrong.  So why wait until a judge rules on an unclear matter when you can just have a contractual obligation entered into at the beginning of the relationship and perhaps at the end?  If they are clear, reasonable, and fair and entered into properly, then you (as an employer) stand a much better chance of enforcing them if you need to.

FYI, in case you’re looking for an Ontario, lawyer-prepared, customizable, downloadable and AFFORDABLE Non-compete Agreement, then look no further:

NON-COMPETE | NON-COMPETITION AGREEMENT

You can use this form to prevent a party from competing with you in a business during and after the term of an agreement.  If you’re an employer hiring an employee, you can purchase an Employment Agreement (indefinite term), which comes with non-compete clauses in it.  If you’re an employer and you are terminating an employee, you can find non-solicitation clauses in this Employee Termination Agreement.  If you’re a client and wish to engage an independent contractor, you can purchase an Independent Contractor Agreement, which also comes with non-compete language in it.  If you’re just doing a business deal with a party (e.g. sharing information, joint venture, partnership or shareholders, services, etc.) and want to prevent them from competing, then you need one of these agreements!

The Video Guide (below) is just a sneak peak of the video guide that comes with the Non-Compete Agreement Legal Form + Video Guide  All of Dynamic Lawyers’ legal forms are lawyer-prepared, simple to read, easy to customize, and only a fraction of the price a lawyer would charge. Also, each legal form comes with a FREE VIDEO GUIDE (watch a useful example of how this legal form can be customized), a FREE DL GUIDE (read helpful information about this legal form), and another FREE DL GUIDE that sheds valuable insight into how legal forms can be challenged. What are you waiting for?   Best of all, if you DO need a lawyer and need some legal advice, simply make a post and get FREE quotes from Ontario lawyers focusing on the area of law you require!

Also, in case you were looking for a NON-Solicitation Agreement, you’ve come to the right place:

Non Solicit | Non-Solicitation Agreement Ontario

This legal form can be used to restrict one party’s ability to solicit the customers and employees of another party. If you’re looking for Non-Compete Agreements, Confidentiality and Non-Disclosure Agreements, you can purchase them as well on Dynamic Lawyers.

If you’re an employer hiring an employee, you can purchase an Employment Agreement (indefinite term), which comes with non-solicitation clauses in it.  If you’re an employer and you are terminating an employee, you can find non-solicitation clauses in this Employee Termination Agreement.   If you’re a client and wish to engage an independent contractor, you can purchase an Independent Contractor Agreement, which also comes with non-solicitation language in it.  If you’re just doing a business deal with a party (e.g. sharing information, joint venture, partnership or shareholders, services, etc.) and want to prevent them from soliciting customers or employees, then you need one of these!

This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

written by admin \\ tags: business lawyer, employment agreement, human resources person, independent contractor agreement, lawsuits, legal advice, legal forms, mississauga, non compete clause, non solicitation agreement, ontario lawyers, professional assistance, restrictive covenants, small business owner, solicitation, video guides

Contractor Agreement Template – $97

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only.   If you need legal advice with respect to becoming an independent contractor, you should seek professional assistance (e.g. make a post on Dynamic Lawyers).  We have Ontario business lawyers in this regard.  You can contact me directly at michael@carabashlaw.com.

So you need an contractor agreement, but don’t have hundreds or thousands of dollars to spend hiring a lawyer to draft it from scratch?  Well, you’ve got two options: (1) you can purchase a do-it-yourself online kit for only $97 or (2) you can do the first option but have a lawyer review it after you’re done (just make a FREE and anonymous post).

So let’s discuss the two options, shall we?

Contractor Agreement Template: Purchase a Legal Form + Video Guide for $97

First thing’s first: why $97?  Well, considering that we’re providing you with a legal form that would normally cost hundreds or more (indeed, I’ve personally charged clients over $1,500 for an independent contractor agreement) plus all the free additional information you’re getting (a video tutorial and 2 written guides), it’s well worth it.

The stuff that’s on the internet selling for $10 or $20 or even $40 is crap compared to this.  How can I say that?  Well, for starters, the other contractor agreement templates may not be prepared by an Ontario lawyer. Keep in mind that laws change from one jurisdiction to the next. A B.C. lawyer has no business drafting or advising on an Ontario independent contractor agreement. Next, the other stuff on the internet does not come with any guidance. I’ve personally put together video tutorials (typically about 10 minutes each) showing you an example of how to fill out the legal form. I’ve also put together a primer (DL Guide #1)that discusses the various issues you should be familiar with.  I’ve charged clients thousands of dollars to research and educate them on these types of issues.  YOU GET IT FOR FREE!  Finally, if you’re worried about whether your legal form is valid and enforceable, I’ve put together another FREE primer (DL Guide #2) entitled “Is My Legal Form Valid and Enforceable?”  It takes you through the various issues you should be familiar with when completing and entering into your legal form so as to minimize future challenges.  The reality is that any agreement – whether a LAWYER HAS PREPARED IT OR NOT – can be challenged.  There’s nothing stopping anyone from alleging that the agreement is bad, unfair, incomplete, etc.  It will always be up to a judge to make the final call.  But going to court is both costly and time-consuming.  So it’s simply best to try to mitigate those challenges from happening to begin with.

The second option will give you additional peace of mind if you need it: simply purchase a contractor agreement for $97 and make a post to have a lawyer quote you on how much it would cost to review.

Now one final thing: when you’re looking to purchase a contractor agreement, there will be two kinds: (1) with a Statement of Work and (2) without a Statement of Work.  So what’s a statement of work and which contractor agreement template is best for you?  The “No Statement of Work” means that the services to be performed by the Independent Contractor are dealt with WITHIN the actual agreement and not in a Schedule (attached and incorporated into the agreement as a “Statement of Work”).   If there is a Statement of Work, then it will allow you to enter things like: pay, time, location of work, etc. (basically the details of the services to be performed).

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Looking for an Ontario Independent Contractor | Consulting Agreement?  Well, you’ve come to the right place. While it’s not FREE, it’s a sweet deal!  For $97, you get a downloadable, simple to read, and easy to customize legal form.  The legal form is lawyer-prepared and can be opened in various software (e.g. wordperfect, word, text editor) because it comes in .doc, .rtf, and .wpd formats.  Best of all, this legal form comes with a FREE VIDEO GUIDE (watch an example of this legal form can be customized), a 10 page FREE WRITTEN GUIDE (read helpful information about this legal form) and ANOTHER 8 page FREE WRITTEN GUIDE (entitled “Is My Legal Form Valid and Enforceable?”).  ALL FOR $97 plus taxes…that’s a pretty sweet deal…so what are you waiting for?  FYI, if you came to me (or other lawyers for that matter) and asked me to prepare one of these agreements for you from scratch, you’d end up paying hundreds if not a few thousand dollars for the legal form and all the guidance of this one package!

written by admin \\ tags: canadian legal form, consulting agreement, free form, free independent contractor form, free website, independent consulting agreement, independent contractor, independent contractor agreement, lawyer, legal form, video guide, word text editor