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Personal Services Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes and regulates the relationship between a client and an independent contractor providing personal services. The agreement defines the nature of services, payment terms, obligations of both parties, and ensures compliance with New Zealand legislation including tax laws, privacy requirements, and health and safety obligations. It includes provisions to clearly distinguish the contractor relationship from employment and addresses key aspects such as intellectual property rights, confidentiality, and liability.

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Personal Services Agreement

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What is a Personal Services Agreement?

The Personal Services Agreement is designed for use in New Zealand when engaging independent contractors for professional services. It provides a legally robust framework that clearly establishes a contractor relationship rather than employment, complying with New Zealand employment, tax, and commercial laws. This agreement is suitable when organizations need to engage individuals or small businesses for specific projects, consulting work, or ongoing professional services. It includes essential provisions for service delivery, payment terms, intellectual property protection, and risk allocation, while ensuring compliance with New Zealand's regulatory requirements including the Contract and Commercial Law Act 2017, Privacy Act 2020, and relevant tax legislation. The agreement is structured to protect both parties' interests while maintaining flexibility for various types of professional service arrangements.

What sections should be included in a Personal Services Agreement?

1. Parties: Identifies the contracting parties - the service provider and the client

2. Background: Sets out the context of the agreement and confirms the intention to create an independent contractor relationship

3. Definitions: Defines key terms used throughout the agreement

4. Engagement and Scope: Establishes the engagement of the contractor and outlines the scope of services

5. Term: Specifies the duration of the agreement, including start date and termination provisions

6. Services: Details the specific services to be provided and service levels expected

7. Fees and Payment: Specifies payment terms, rates, invoicing procedures, and expenses

8. Contractor Obligations: Lists the key obligations and responsibilities of the service provider

9. Client Obligations: Outlines the client's responsibilities and commitments

10. Independent Contractor Status: Explicitly confirms the independent contractor relationship and its implications

11. Intellectual Property: Addresses ownership and rights to intellectual property created during the service provision

12. Confidentiality: Sets out confidentiality obligations and handling of sensitive information

13. Insurance and Liability: Specifies insurance requirements and liability limitations

14. Termination: Details circumstances and procedures for ending the agreement

15. General Provisions: Includes standard legal provisions such as governing law, notices, and dispute resolution

What sections are optional to include in a Personal Services Agreement?

1. Non-Compete: Restricts the contractor from competing activities - use when protecting business interests is crucial

2. Non-Solicitation: Prevents solicitation of clients or employees - use when protecting client relationships is important

3. Performance Metrics: Establishes specific performance indicators - use for complex or long-term engagements

4. Equipment and Resources: Details provision of equipment and resources - use when specific tools or facilities are required

5. Health and Safety: Detailed health and safety obligations - use for high-risk or on-site services

6. Subcontracting: Addresses ability to subcontract - use when subcontracting might be needed

7. Force Majeure: Covers unforeseeable circumstances - use for long-term or critical services

8. Data Protection: Detailed data handling requirements - use when personal or sensitive data is involved

9. Change Control: Process for managing changes - use for complex or evolving services

What schedules should be included in a Personal Services Agreement?

1. Schedule 1 - Services Description: Detailed description of services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Specific service levels and performance standards

4. Schedule 4 - Key Personnel: Details of key people involved in service delivery

5. Schedule 5 - Insurance Requirements: Specific insurance types and coverage levels required

6. Appendix A - Reporting Requirements: Templates and requirements for regular reporting

7. Appendix B - Policies and Procedures: Relevant client policies the contractor must comply with

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions



































Clauses









































Relevant Industries

Professional Services

Information Technology

Management Consulting

Creative Industries

Healthcare

Education

Financial Services

Engineering

Construction

Legal Services

Business Advisory

Marketing and Communications

Research and Development

Environmental Services

Project Management

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Risk and Compliance

Project Management Office

Information Technology

Marketing

Business Development

Strategy

Administration

Relevant Roles

Chief Executive Officer

Human Resources Director

Procurement Manager

Legal Counsel

Project Manager

Management Consultant

IT Consultant

Business Analyst

Financial Advisor

Marketing Consultant

Training Specialist

Research Consultant

Technical Writer

Creative Director

Strategic Advisor

Operations Manager

Risk Manager

Compliance Officer

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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