By the Templateez Team · Licensed Attorney · July 2026

Independent Contractor Agreement Intake Forms: What to Capture Before Engagement

Misclassification of workers as independent contractors is one of the most common and expensive legal mistakes small businesses make. The IRS, state labor agencies, and courts all look at the actual working relationship — not what the contract says. An IC agreement intake form captures the facts that determine whether the relationship genuinely qualifies as independent contractor status, and the terms that need to go into the agreement.

Scope and Deliverables

What exactly will the contractor deliver? A defined scope of work with specific deliverables, milestones, and deadlines is one of the strongest indicators of a genuine IC relationship. Open-ended arrangements that look like employment — 'provide marketing services as needed' — are classification red flags. Our Independent Contractor Agreement intake form structures the scope as deliverables with completion dates, not as ongoing duties. If you need the finished agreement document, our document generator creates IC agreements from your answers.

Classification Factors

The intake should capture the facts that go into the IRS 20-factor test and the ABC test used by many states: Does the contractor control when, where, and how they work? Do they provide their own tools and equipment? Do they work for other clients? Do they have their own business entity? Do they invoice for their work? Can they hire their own helpers? These answers determine whether the relationship will withstand scrutiny — and if the answer to too many of them suggests employment, the intake flags it before the agreement is drafted.

Payment, IP, and Insurance

Payment structure: flat fee per project, hourly rate, or milestone-based? Payment terms: net 15, net 30, on completion? Who owns the work product — the client or the contractor? Is there a work-for-hire clause? Does the contractor carry their own liability insurance and workers' compensation? Is there a non-compete or non-solicitation restriction? Each of these terms goes into the agreement and should be decided at intake, not during drafting.