Services Agreement
(Pro-services Recipient) (NV)

Summary

This template is a Nevada specific services agreement that sets forth the terms and conditions under which a service provider will provide services to a customer or client. This template includes practical guidance, drafting notes, and alternate and optional clauses. The template is based on Nevada law and has terms that favor the recipient of the services as opposed to the contractor performing them. The terms preferential to the recipient of the services include, among other things, payment and pricing terms, acceptance of work product, warranty and indemnification obligations, confidentiality obligations, non-solicitation, insurance obligations, and audit rights. At all times, the service provider is a self-employed, independent contractor and not an employee of the customer. The determination of whether a worker is properly classified as an employee or an independent contractor faces different scrutiny and has different considerations in various labor areas, such as for unemployment and disability insurance requirements, income tax withholdings, and workers' compensation claims. Generally, the basic issues used to determine if a worker is an employee or an independent contractor, revolve around the right of control on and the extent of the control exercised over the worker in performance of the services. Nevada also has a unique classification in minimum wage and overtime laws. You should therefore consult both relevant federal and state laws to ensure compliance with applicable law. The agreement has been drafted broadly and can be used for a variety of services and should be tailored based upon the services that will be provided and the specific duties and responsibilities negotiated and agreed to by the parties. For a full listing of key content covering independent contractor considerations, see Independent Contractor Resource Kit. For additional guidance, see Supply of Services and Supply of Services Agreements Resource Kit. For more information on Nevada's independent contractor laws and classification issues, see Independent Contractors State Practice Notes Chart and Independent Contractor Tests and Risks of Worker Misclassification.