Free New York Independent
Contractor Agreement
Drafted for New York contractor engagements — compliant with the Freelance Isn't Free Act (GBL Art. 44-A, eff. August 2024). Covers NY dual-test classification, IP assignment, DTSA-compliant confidentiality and non-solicitation. Governed by New York law. No signup required.
- No signup required
- Free forever
- Reviewed June 2026
- Freelance Isn't Free Act compliant
Branding (optional)
1 — Hiring Party
2 — Contractor
3 — Services
4 — Payment
5 — Terms & Jurisdiction
PDF: choose "Save as PDF" in the print dialog.
Independent Contractor Agreement
State of New York · Date: enter date above
1. Parties
Hiring Party: Company name
Contractor: Contractor name
2. Services
Project: project name
Deliverables: deliverables
Deadline: project deadline
3. NY Classification — Dual Test
ABC test (UI / Labor Law §511) + right-to-control (wage claims) — both documented in full agreement
4. Compensation — FIFA Compliant
Fee type: Fixed project fee
Amount: USD ($) amount
Payment: per agreement
5–9. Standard Clauses
Termination (14-day notice) · IP assignment · Confidentiality (2 yrs) · Non-solicitation (12 mo) · Liability cap
10. Governing Law
State of New York · Venue: New York County (Manhattan)
Hiring Party
Signature
Print name: _______________
Title: _______________
Date: _________________
Contractor
Signature
Print name: _______________
Title: _______________
Date: _________________
Template preview
Parties
1. Agreement Parties
This Independent Contractor Agreement ("Agreement") is entered into as of [Date] between [Company Name], [a New York corporation / entity type], [Address] ("Hiring Party"), and [Contractor Full Name], [Business Name if applicable], [Address] ("Contractor"). This Agreement is governed by the laws of the State of New York. Pursuant to NY General Business Law Article 44-A (Freelance Isn't Free Act, effective August 28, 2024), this written contract is provided as required for services valued at $800 or more.
Services
2. Services and Deliverables
The Contractor agrees to provide the following services: [Project Description]. Deliverables: [Specific deliverables, file formats, milestones]. Deadline: [Date]. The Contractor may use their own tools, set their own schedule, and work from any location unless otherwise agreed in writing. Services not listed above are outside scope; additional work requires a written change order signed by both parties.
NY Classification
3. Independent Contractor Status — New York Dual Test
New York applies two classification tests depending on context. Both are documented here:
ABC Test (Unemployment Insurance — NY Labor Law §511): (A) The Contractor is free from the Hiring Party's direction and control in performing the services, both under this Agreement and in fact. (B) The services are performed outside the usual course of the Hiring Party's business. (C) The Contractor is customarily engaged in an independently established trade, occupation, or business of the same nature as the services provided.
Right-to-Control Test (Wage Claims / Income Tax): The Hiring Party controls only the desired outcome and deadline — not the methods, tools, hours, or location the Contractor uses to perform the work. Both parties confirm the Contractor is an independent contractor under both tests based on their actual working relationship.
Compensation
4. Fees, Payment Schedule and FIFA Compliance
Fee type: [Fixed fee / Hourly rate / Daily rate / Monthly retainer]
Amount: [Currency + Amount]
Payment schedule: [e.g. "50% on signing, 50% on delivery" or "Net-30 from invoice date"]
Pursuant to NY General Business Law Art. 44-A (Freelance Isn't Free Act, eff. August 28, 2024): if no specific payment date is stated above, payment is due within 30 days of the Contractor's completion of services. Late payments accrue interest at 1.5% per month. The Hiring Party shall retain a copy of this Agreement for at least six (6) years as required by GBL §460. The Contractor is responsible for all federal self-employment taxes, New York State income taxes, and New York City income taxes where applicable.
📄 Download the full template — includes term & termination, IP assignment, DTSA confidentiality, non-solicitation (not non-compete), liability cap, AI tools clause and signature block.
Download the full NY IC Agreement — free
Fill in your details above and download a ready-to-send agreement compliant with New York's Freelance Isn't Free Act.
What's included in this template
How to use this template
Fill in your details above
Enter both parties' names and addresses, describe the services and deliverables, set the fee and payment schedule, and select the New York county for venue. The live preview updates as you type.
Download DOCX or PDF
Click "Download DOCX" for a fully editable Word file, or "Save as PDF" to print or share digitally. Fields you filled in are embedded in both formats — no account or sign-up required.
Verify the working relationship matches the contract
New York courts and the NY DOL examine the actual working relationship — not just what the contract says. Ensure the contractor genuinely controls their methods, uses their own tools, and works for multiple clients. The agreement documents classification; the relationship must support it.
Sign and retain as required by law
Both parties sign — electronic signatures are valid under the New York Electronic Signatures and Records Act (ESRA) and federal E-SIGN Act. The Hiring Party must retain a copy for at least six years as required by GBL Art. 44-A.
Frequently asked questions
Yes. New York's Freelance Isn't Free Act (General Business Law Art. 44-A), effective August 28, 2024, requires a written contract for any freelance or independent contractor services valued at $800 or more within a 120-day period. The contract must specify the services, rate of pay, and payment due date. The hiring party must provide a signed copy to the contractor and retain it for at least six years. Violations carry $250 statutory damages plus actual damages, attorney fees, and civil penalties enforced by the New York Attorney General. This template satisfies all those requirements.
New York uses two different classification tests depending on context. For unemployment insurance (NY Labor Law §511): the ABC test — a worker is presumed an employee unless the hiring party proves all three: (A) free from direction and control; (B) work is outside the principal's usual course of business; and (C) the worker has an independently established trade or business. For wage claims and income tax: the right-to-control test — courts look at who controls the means and methods of the work, not just the outcome. A worker may be classified differently under each test, which is why this agreement documents both explicitly.
Yes, but with significant caveats. A 2023 bill to broadly ban non-competes was vetoed by Governor Hochul in December 2023. A new bill (S4641A) covering workers earning under $500,000 per year passed the New York Senate and remains pending in the Assembly as of 2026. Under current law, non-competes must meet a four-part reasonableness test: (1) protect a legitimate business interest, (2) be reasonable in geographic scope, (3) be reasonable in duration, and (4) impose no undue hardship on the contractor. This template uses non-solicitation clauses instead — they carry lower litigation risk, are more consistently enforced by New York courts, and are not threatened by pending legislation.
New York's Freelance Isn't Free Act (FIFA, GBL Art. 44-A) took effect statewide on August 28, 2024. It applies to any hiring party retaining a freelancer for services totaling $800 or more within 120 days. Required contract terms: (1) description of services, (2) rate or method of compensation, and (3) payment due date. If no date is specified, payment is due within 30 days of completion. The hiring party must retain the contract for six years. Violations: $250 statutory damages + actual damages + attorney fees + civil penalties, enforced by the NY Attorney General. This template is designed to satisfy all FIFA requirements from the first signature.
New York misclassification penalties span multiple agencies. The NY Department of Labor can assess back wages, a 20% civil penalty, unpaid unemployment insurance contributions, and interest. The Workers' Compensation Board may impose fines up to $2,000 per day while a worker is uninsured. The IRS assesses back FICA taxes, penalties, and interest. In 2025, the New York Senate passed Bill S1514 — the first-in-the-nation legislation authorizing stop-work orders for IC misclassification — which remains pending in the Assembly as of 2026. A written IC agreement is necessary but not sufficient: the actual working relationship must reflect genuine contractor independence.
An EIN is not legally required for sole-proprietor contractors but is strongly recommended: it protects your SSN on W-9 forms, signals a legitimate independent business, and is required for LLCs and corporations. New York City also imposes a city income tax — NYC-based contractors must account for both state and city tax in quarterly estimated payments to the IRS and NY Department of Taxation and Finance. Having an EIN does not affect worker classification: the IRS, NY DOL, and courts examine the actual working relationship, not your entity structure or tax ID.
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