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Maverick
Maverick, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 5767
Experience:  20 years professional experience.
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What type of contract would I need contract labor

Customer Question

What type of contract would I need for a contract labor researcher. They will be researching content for a book publication.
Submitted: 5 months ago.
Category: Intellectual Property Law
Expert:  Maverick replied 5 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

Please note: (1) If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; and (2) I answer most questions within the hour. However, if I am not signed on, please allow up to 24 hours. By continuing, you confirm that you understand and agree to these terms and JA’s site disclaimers presented to you earlier.

Answer will follow in the pane below in a short while….

Expert:  Maverick replied 5 months ago.

Here is a sample agreement that you can use as a go-by. You just need to replace the names of the parties and make minor adjustments to your liking and have it re-typed accordingly.

Notice sections 5.05 and 5.06 that contain a "work made for hire" clause and a non-disclosure clause that work to your favor.

Once you review this and start making your own version of this agreement, if you have any questions along the way, just ask them on this thread ...

Customer: replied 5 months ago.
This is for the State of California. What do I need to do to get it prepared with Oregon Statutes?
Expert:  Maverick replied 5 months ago.

So, you want to read this and be familiar with the particulars of OR law. The CA contract terms should for the most part remain the same; however you may want to add a choice of law clause and a choice of forum clause that states that if there is a lawsuit or dispute, then it would be governed by OR law and must be filed in OR.

Here is a sample OR agreement to use in conjunction with the CA one and as a cross check.

Customer: replied 5 months ago.
you are telling me that I have to research OR law to put the appropriate OR statuts in place of the CA statute references. I thought I was paying for a document sample of Oregon law, not California law.
Expert:  Maverick replied 5 months ago.

No you do not have to research OR law on this. The CA agreement that I have given you is 90% good to go. What you will find is the 10% change lies in changing any forum selection clause and choice of law clause. This is why I told you you may want to put that disputes have to be filed in OR and OR law should apply in deciding them.

I cited the pointer for you at the "read this" link just so you would know how OR governmental bodies view employment and independent contractor relationships; which is really in substance the same as how the IRS and other states view it. Governments want to make sure they collect employment taxes and workers comp premiums from employers who try to outsource jobs merely to circumvent those burdens. In other words "it is a substance over form" type of argument. So, this was just an FYI for you that has little or no bearing on how the IC agreement would be drafted. If you were asking for a real estate document, things would be different, and you would want to try to use OR real estate forms to do a deal, for example.

That said, unless you want to pay a law firm $250-$300 per hour to do it, you will need to read, mix and match, and modify, the clauses that suit your needs from the sample OR and CA agreements that I cited for you.

If you want me to this for under JA's premium services offer, please let me know. The same cite terms and conditions would apply and you would be using the draft that I create for you at your own risk and if you want legal advice you would need to consult a local lawyer in person. The fee that I would recommend to JA would be $300.00 and you would have the agreement ready with in 36 hours. It would include up to 3 telephone calls to make sure we get the agreement to your liking with custom clauses.

Expert:  Maverick replied 5 months ago.

Please assign a feedback rating so JA will compensate me for my time and we can close out this question. Thank you.

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