StoryDimensions Contractor Agreement

If you are engaged as a member of StoryDimensions’ Storyteller Network of writers, you will be engaged as an independent contractor (classified by the IRS, under 26 CFR 31.3121(d)-1) and agree to the following terms and conditions:

Independent Contractor Status. The Contractor, under the code of the Internal Revenue Service (IRS), is an independent contractor and neither the Contractor nor contract personnel are, or shall be deemed, the Client’s employees. In its capacity as an independent contractor, Contractor agrees and represents:

Contractor has the right to perform Services for others during the term of this Agreement;

Contractor has the sole right to control and direct the means, manner, and method by which the Services required by this Agreement will be performed. Contractor shall select the starting and ending times, days of work, and order the work is performed.

Contractor must complete an IRS Form 1099 – MISC – at the end of the year to file their taxes with the Internal Revenue Service (IRS).

Business Licenses, Permits, and Certificates. The Contractor represents and warrants that they shall comply with federal, state, and local laws regarding any required licenses, permits, and certificates necessary to perform the Services under this Agreement.

Federal and State Taxes. Under this Agreement, StoryDimensions shall not be responsible for: Withholding FICA, Medicare, Social Security, or any other federal or state withholding taxes from the Contractor’s payments to employees or personnel or make payments on behalf of the Contractor; making federal or state unemployment compensation contributions on the Contractor’s behalf; paying all taxes incurred related to or while performing the Services under this Agreement, including all applicable income taxes and, if the Contractor is not a corporation, all applicable self-employment taxes. Upon demand, the Contractor shall provide StoryDimensions with proof that such payments have been made.

Benefits. The Contractor understands and agrees that they are solely responsible for all benefits, including but not limited to, retirement plans, health insurance, vacation time-off, sick pay, personal leave, or any other benefit provided.

Unemployment Compensation. The Contractor themselves shall not be entitled to unemployment compensation in connection with the Services performed under this Agreement.

Workers’ Compensation. The Contractor shall be responsible for providing compensation insurance on their own behalf. If the Contractor hires employees to perform any work under this Agreement, the Contractor agrees to grant workers’ compensation coverage to the extent required by law. Upon request by the Client, the Contractor must provide certificates proving workers’ compensation insurance at any time during the performance of the Service.

Liability. The Contractor agrees to bear all responsibility for the actions related to themselves and their work under this Agreement.

Indemnification. The Contractor shall indemnify and hold StoryDimensions harmless from any loss or liability from performing the Services under this Agreement.

Termination of Agreement. StoryDimensions or Contractor may terminate this Agreement, and any obligations stated hereunder, with or without cause.

Resolving Disputes. If a dispute arises under this Agreement, any party may take the matter to a Texas State court.

Confidentiality. The Contractor acknowledges that it will be necessary for StoryDimensions to disclose certain confidential and proprietary information to the Contractor in order for the Contractor to perform their duties under this Agreement. The Contractor acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm the Client. Accordingly, the Contractor will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of StoryDimensions without the Client’s prior written permission except to the extent necessary to perform Services on the Client’s behalf. Proprietary or confidential information includes, but is not limited to: The written, printed, graphic, or electronically recorded materials furnished by StoryDimensions for Contractor to use; Any written or tangible information stamped “confidential,” “proprietary,” or with a similar legend, or any information that StoryDimensions makes reasonable efforts to maintain the secrecy of business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any kind, sales projections, and pricing information; and Information belonging to customers and suppliers of StoryDimensions about whom the Contractor gained knowledge as a result of the Contractor’s Services to the Client. Upon termination of the Contractor’s Services to the Client, or at the Client’s request, the Contractor shall deliver to StoryDimensions all materials in the Contractor’s possession relating to the Client’s business.

The Contractor acknowledges any breach or threatened breach of confidentiality of this Agreement will result in irreparable harm to StoryDimensions for which damages would be an inadequate remedy. Therefore, StoryDimensions shall be entitled to equitable relief, including an injunction, in the event of such breach or threatened breach of confidentiality. Such equitable relief shall be in addition to Client’s rights and remedies otherwise available at law.

Proprietary Information. Proprietary information, under this Agreement, shall include: The product of all work performed under this Agreement (“Work Product”), including without limitation all notes, reports, documentation, drawings, computer programs, inventions, creations, works, devices, models, work-in-progress and deliverables will be the sole property of the Client, and Contractor hereby assigns to StoryDimensions all rights, title and interest therein, including but not limited to all audiovisual, literary, moral rights and other copyrights, patent rights, trade secret rights and other proprietary rights therein. Contractor retains no right to use the Work Product and agrees not to challenge the validity of the Client’s ownership in the Work Product; Contractor hereby assigns to StoryDimensions all rights, title, and interest in any and all work product produced by the Contractor under this Agreement. StoryDimensions will be entitled to use Contractor’s name and/or likeness in advertising and other materials.

No Partnership. This Agreement does not create a partnership relationship between StoryDimensions and the Contractor. Unless otherwise directed, the Contractor shall have no authority to enter into contracts on Client’s behalf or represent StoryDimensions in any manner.

Assignment and Delegation. The Contractor may assign rights and may delegate duties under this Agreement to other individuals or entities acting as a subcontractor (“Subcontractor”). The Contractor recognizes that they shall be liable for all work performed by the Subcontractor and shall hold StoryDimensions harmless of any liability in connection with their performed work.

The Contractor shall be responsible for any confidential or proprietary information that is shared with the Subcontractor in accordance with this Agreement. If any such information is shared by the Subcontractor to third (3rd) parties, the Contractor shall be made liable.

Governing Law. This Agreement shall be governed under the laws in the State of Texas.