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Georgia Independent Contractor Agreement Template

Georgia's Restrictive Covenants Act treats independent contractors like employees, which shapes how any non-compete or non-solicit in your agreement must be drafted. The state also presumes employment for unemployment tax, and a worker classified as a contractor under one law may still be an employee under workers' compensation, wage-hour or tax rules.

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Georgia rules to know

  • Presumed employee for unemployment

    Georgia starts from a presumption of employment for unemployment tax. You must show the worker is free from your control both under the contract and in fact, using statutory factors such as freedom to work for others, set their own schedule, and accept or reject assignments without consequence.

    O.C.G.A. Sec. 34-8-35(f)

  • Restrictive covenants act covers contractors

    Georgia's Restrictive Covenants Act treats independent contractors as employees for its purposes. Non-competes and non-solicits generally must be in writing and reasonable in time, geography and scope; a post-term restriction of two years or less is presumed reasonable, and non-competes are allowed only for certain types of workers.

    O.C.G.A. Secs. 13-8-50 to 13-8-59

  • Different laws, different tests

    A worker treated as a contractor for unemployment purposes may still be an employee for workers' compensation, wage-hour or tax purposes, which use their own control-based tests. Review the actual working relationship, not just the contract, before relying on contractor status.

    O.C.G.A. Title 34 (Labor and Industrial Relations); Fair Labor Standards Act

  • Get IP in writing

    Georgia has no special statute on contractor invention assignments, so federal law controls. Without a signed written assignment, a contractor generally keeps copyright in work they create, since work-made-for-hire covers only limited categories. Include an explicit written IP assignment.

    U.S. Copyright Act, 17 U.S.C. Secs. 101, 201, 204

Last updated 2026-10-05

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Our Georgia Independent Contractor Agreement template as a Word document — a general starting point you fill in yourself. Sign in free to download it.

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What a independent contractor agreement covers

  • Scope of services and deliverables
  • Fees, invoicing and payment deadline
  • Independent-contractor status and tax responsibility
  • IP ownership and work-for-hire assignment
  • Confidentiality
  • Term, termination and kill fee
  • Governing law and dispute resolution

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Frequently asked questions

Can a Georgia contractor agreement include a non-compete or non-solicit?
Yes, within limits. Georgia's Restrictive Covenants Act covers independent contractors, so restrictions generally must be in writing and reasonable in time, geography and scope. A post-term restriction of two years or less is presumed reasonable, though non-competes are allowed only for certain types of workers.
How do I overcome Georgia's presumption of employment for unemployment tax?
You must show the worker is free from your control both under the contract and in fact. Statutory factors include whether the worker is free to work for others, set their own schedule, and accept or reject assignments without consequence. Drafting the agreement around those freedoms, and honoring them in practice, matters.
If a worker qualifies as a contractor for Georgia unemployment, are they a contractor for everything?
Not necessarily. Workers' compensation, wage-hour and tax laws use their own control-based tests, so the same worker could still be an employee under one of them. Review the actual working relationship, not just the contract, before relying on contractor status across the board.
Does signing an independent contractor agreement make someone a contractor?
No. The label in the contract doesn't decide it — how the work is actually controlled and paid does. State and federal agencies apply their own tests, and a contract that says “contractor” won't save a relationship that looks like employment in practice.
Who owns the work a contractor creates?
By default the contractor usually owns it, even if you paid for it. The agreement needs an express work-made-for-hire clause and a written assignment of IP to transfer ownership to your business.
Is a free template enough?
A template covers the common structure, but it can't know your scope, payment terms or how your state classifies workers. A custom draft fills those in for your situation.

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