1099 INDEPENDENT CONTRACTOR AUTHORIZATION …



INDEPENDENT CONTRACTOR SHORT FORM

For vendors receiving cumulative payments of $600 or less in a calendar year.

THIS AGREEMENT is entered into this [__] day of [_________] 20____ by and between Brigham Young University, a Utah nonprofit corporation and educational institution ("BYU") and "Contractor" identified below:

[Business Name of Independent Contractor]

[Independent Contractor’s Business Mailing Address]

Telephone _______________________ Employer Identification Number _____ — ______________________

RECITALS

BYU desires to contract for the services of Contractor and Contractor has agreed to perform these services for BYU under the terms and conditions set forth in this Agreement.

THEREFORE, in consideration of the mutual promises set forth in this Agreement, it is hereby agreed between BYU and Contractor as follows:

1. Description of Work - The work to be performed by Contractor includes the following services:

[Adequately describe all the work we expect Contractor to accomplish. Ask yourself what is to be done, how it is to be accomplished, when, where and by whom. Discuss your expectations with Contractor to make sure you are in agreement, and describe here accordingly.]

2. Payment and Work Schedule - BYU will pay Contractor the total sum of $[__________] for work to be performed under this Agreement. Contractor will receive payment upon completion.

3. Relationship of Parties - The parties intend that an Independent Contractor-Client relationship will be created by this Agreement. Contractor is not to be considered either an agent or an employee of BYU for any purpose, and Contractor is not entitled to any of the benefits that BYU provides its employees. It is further understood that BYU does not agree to use Contractor exclusively and that Contractor is free to contract for similar services to be performed on behalf of others while under contract with BYU. The parties to this Agreement expressly disclaim and disavow any partnership, joint venture or fiduciary status or relationship between them.

4. BYU Right to Supervision and Inspection - In the performance of the work contemplated by this Agreement, Contractor has the primary duty to control and direct performance of the details of the work. BYU is interested only in the results obtained. However, the work contemplated in the Agreement must meet the approval of BYU and shall be subject to BYU's general right of inspection and supervision to secure satisfactory completion.

5. Liability - Contractor agrees to indemnify and hold BYU harmless from any claims, liability or loss of any kind or description arising out of Contractor’s respective negligent or intentional acts or omissions in the performance of this Agreement.

6. BYU Code of Honor - Contractor acknowledges to have read and understood the BYU Code of Honor and Dress and Grooming Standards, which are incorporated by reference into this Agreement, and agrees to comply with the same while performing services on campus for BYU.

7. Contractor Disclaimer of Ownership Interest - Contractor recognizes that BYU presently has developed or may, as a result of Contractor's work, develop intellectual property in the form of data, formulae, computer software specifications, processes, patents, copyrights, or other technical or product information. Accordingly, Contractor, as a condition of engagement as an independent contractor, agrees to relinquish and assign to BYU all of his rights and ownership interests, if any, to any and all intellectual property presently developed by BYU or to be developed arising in any way out of Contractor's performance of this Agreement, as (a) Work Made for Hire.

8. Contractor Duty Regardinq BYU Confidential Information - In the process of performing work under this Agreement, Contractor may come into contact with or generate certain information which may consist of data, formulae, computer software specifications, processes, patents, copyrights, and other technical or product information which is proprietary or confidential in nature. Accordingly, Contractor understands and agrees (1) such information is proprietary and owned by BYU; (2) not to publish or disclose any part of such information to others except as authorized in this Agreement; and (3) not to make any use of such information except as expressly authorized by BYU in writing.

9. Assignments - No party may assign, contract, grant a license or otherwise transfer any or all of the rights or obligations arising out of this Agreement without the prior written consent of the other party.

10. Partial Invalidity - If any provision of this Agreement is held to be void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

11. Attorneys Fees - In the event that any party shall be found in default or breach of this Agreement by a court of competent jurisdiction, the defaulting or breaching party shall be liable to pay all reasonable attorneys fees, court costs and other related collection costs and expenses incurred by the other party in prosecuting its rights.

12. Entire Agreement - This Agreement constitutes the entire agreement of the parties with respect to the subject matter.

Brigham Young University: [Business Name of Independent Contractor]

Department Contractor

By:

Signature Signature

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