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This Consulting Agreement is made on _________________, by and between ______________ (“Consultant”) and _______________________ (“Customer”).
Whereas Customer requires certain services Consultant can provide, and Consultant wishes to provide services to Customer, the parties agree as follows:
1. Description of Services. Starting on ___________ (“Date”), Consultant shall provide the following services (“Services) for Customer: ___________________________________.
2. Performance of Services. The manner in which the Services are to be performed and the hours to be worked by Consultant shall be determined by Customer. Consultant shall get prior approval from Customer for the hours to be worked and billed by Consultant.
3. Expense Reimbursement. Consultant shall get prior approval for the kinds, types, and amounts of expenses to be reimbursed, if any, by the Customer.
4. Payment. Customer will pay Consultant bi-weekly for Services performed and Expenses incurred according to this Agreement.
5. Support Services by Customer. Customer shall provide the following support staff, office space, and services support to Consultant while on Customer premises (“Premises”): _______________________________________________________________.
6. Termination. Either party may terminate this Agreement at any time, with or without cause.
7. Relationship of the Parties. Consultant is an independent contractor with respect to, and not an employee of, Customer. Therefore, Customer is not responsible for providing any fringe benefits to Consultant including, but not limited to, health insurance, paid vacation, or any other employee benefit.
8. Disclosure. Consultant must disclose any outside activities or interests, including ownership or participation in the development of prior inventions, that conflict or may conflict with the best interests of Customer. Prompt disclosure is required under this paragraph if the activity or interest is related, directly or indirectly, to the business of Customer.
9. Employees. Consultants employees, if any, who perform services for Customer under this Agreement, directly or indirectly, shall also be bound by the provisions of this Agreement. Consultant shall make take all necessary steps to effect compliance with this condition of the Agreement.
10. Insurance. Consultant shall obtain all necessary insurance and other benefits required by law for its employees or subcontractors. Consultant shall show such evidence to Customer prior to beginning work on Customers premises.
11. Assignment. Consultant's obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of Customer. This consent may be withheld for any reason whatsoever.
12. Intellectual Property. The following provisions shall apply with respect to copyrightable works, ideas, discoveries, inventions, applications for patents, and patents (collectively, "Intellectual Property"):
A. Consultant's Intellectual Property. Interest in the Intellectual Property that is described on the attached Exhibit 1 is not subject to this Agreement.
B. Development of Intellectual Property. Any improvements to Intellectual Property items listed on Exhibit 1, further inventions or improvements, and any new items of Intellectual Property discovered or developed by Consultant or their Employees, if any, during the term of this Agreement shall be the property of Customer. Consultant shall sign all documents necessary to perfect the rights of in such Intellectual Property, including the filing and/or prosecution of any applications for copyrights or patents. Upon request, Consultant shall sign all documents necessary to assign the rights to such Intellectual Property to Customer.
13. Confidentiality. Consultant recognizes that Customer will disclose certain proprietary information of a broad nature. Consultant agrees to hold all such information in confidence by itself, and by its employees, if any. This clause shall be interpreted broadly in favor of the Customer.
14. Unauthorized Disclosure of Confidential or other Information. If it appears that Consultant has disclosed, or threatened disclosure, of Information in violation of this Agreement, Customer shall be entitled to an injunction to restrain Consultant or any of its employees, if any, from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed. Customer shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
15. Confidentiality after Termination. The confidentiality and non-disclosure provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.
16. Return of Records. Upon termination of this Agreement, Consultant shall deliver all records, notes, memos, email, equipment, and any other related materials to Customer. Consultant will eliminate, erase, and otherwise dispose of any copies under its, or its employees, if any, possession, custody, or control.
17. Notices.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or a recognized over night delivery service such as FedEx.
If to the Consultant: _____________________________________________________.
If to the Customer: ___________________________________________________.
18. No Waiver.
The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.
19. Entirety of Agreement.
The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change can be made to this Agreement other than in writing and signed by both parties.
20. Governing Law.
This Agreement shall be construed and enforced according to the laws of the State of ____________________ and any dispute under this Agreement must be brought in this venue and no other.
21. Headings in this Agreement
The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.
22. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
In Witness whereof, the parties have executed this Agreement as of the date first written above.
_________________________ _______________________
Customer Consultant
___________________
Date
Consulting AgreementReview List
This review list is provided to inform you about this document in question and assist you in its preparation. Customers should always get a consulting agreement signed to limit their exposure to expense and disclosure of confidential information. If the consultant will not sign such an Agreement, dont do the deal. If you are a consultant, a signed deal can benefit you to get terms and conditions agreed to so you can be assured of proper payment and treatment on the job.
1. Sign in multiple copies. Keep one copy with your file for the other party.
2. If Consultant only has one or two employees/contractors, get them to sign this Agreement as well. If you are the Consultant, you are well advised to get your employees/contractors to sign this Agreement so they are bound by its terms as welland you are not left holding the proverbial “bag” should something go wrong.
3. This is a form of well care that will serve you well over time if you get these agreements signed on a regular basis.
What else can I help you with?
What is a bilateral agreement?
what is a bilateral agreement?
What is the difference between a partnership and an operating agreement?
The difference between a partnership agreement and an operating agreement is that in the partnership agreement is set up for all owners or partners to be responsible for the company. The operating agreements differs in the fact that the agreement is for the person or people in charge of the operating requirements for the company.
Why is it necessary to have a partnership agreement?
Partnership Agreement is considered better as decision making process can be done easily. Business responsibilities and liabilities can easily be shared in a partnership agreement.
What is a financial review agreement?
audit
What is memorandum agreement?
A memorandum agreement is a formal document that outlines the terms and conditions of a mutual understanding or agreement between two or more parties. It serves as a preliminary agreement that may not be legally binding but establishes the intentions and responsibilities of each party. Typically used in business, government, or collaborative projects, it helps clarify expectations and facilitate cooperation. While it may not have the enforceability of a contract, it can guide future negotiations and actions.
What is the right to represent in a consulting agreement?
The "right to represent" would signify that the person/organization named, possesses delegated authority/power to speak for one of the parties to the agreement.
Where can I obtain an operating agreement for my business?
You can obtain an operating agreement for your business by consulting with a business attorney or using online resources such as legal document websites. It is important to customize the agreement to fit the specific needs and structure of your business.
What type of contract is a business consultant agreement?
A Business Consultant Agreement is a contract between a company that desires business consulting and an independent business consultant. A basic agreement would outline the type of services performed, time devoted and payment.
What does an agreement with software companies and their vendors include?
I think you should ask the individual software companies (perhaps after consulting a lawyer).
Consulting Contract?
Get StartedA Consulting Contract or Consulting Agreement is a document under which a consultant (someone who gives expert or professional advice) agrees to provide professional or consulting services. Under this agreement, the "consultant" is an independent contractor with respect to the "company," and not an employee of the "company." This document allows the user to substitute any term for the term "consultant," and thus, this document can be adapted to many other situations that might involve an independent contractor.The Consulting Contract should be signed by both parties and becomes effective as of the date inserted at the beginning of the Contract. For specific information regarding the employee/independent contractor distinction, review the "Employee or Independent Contractor" topic.
Work for Hire Agreement?
Get StartedThe Work for Hire Agreement is a document under which a "Service Provider" contracts to provide services for a "Company." Under this agreement, the Service Provider is an independent contractor with respect to the Company, and not an employee of the Company. This Agreement should not be used if the Service Provider is really an employee of the Company. In many respects, the Work for Hire Agreement is simply a short-form version of a Consulting Agreement.The Work for Hire Agreement should be signed by both parties and becomes effective as of the date inserted at the beginning of the Agreement.
How to write a settlement agreement effectively?
To write a settlement agreement effectively, clearly outline the terms of the agreement, including the parties involved, the specific issues being resolved, and the agreed-upon actions or payments. Make sure the language is clear and easy to understand, and consider consulting with a legal professional to ensure all necessary details are included.
What is the rationale for prohibiting management prerogative in a collective agreement?
Because "management prerogative" usually means acting without consulting workers, or acting in a way that may be detrimental to workers.
Can a mother who is a UK citizen immigrate with her child without the fathers permission if the child lives with her and is over seven years of age?
It really depends on the custody agreement you have set up. If moving the child violates the agreement there is some legal recourse you can take such as The Hague Convention. I would advise consulting a attorney before perusing a course of action in this matter.
What rhymes with vehement?
2 syllables: bement 3 syllables: agreement 4 syllables: case agreement, disagreement, in agreement, sales agreement 5 syllables: gender agreement, labor agreement, merger agreement, number agreement, person agreement, purchase agreement, working agreement, written agreement 6 syllables: collective agreement, employment agreement, general agreement, gentlemen's agreement, licensing agreement 7 syllables: acquisition agreement, articles of agreement, distribution agreement
Service Agreement?
Get StartedThe Service Agreement documents the terms of the sale of services by one company (the "Service Provider") to another company or an individual (the "Service Recipient"). This document should not be used if the Service Provider is an individual. Work for Hire, Consulting Agreement, or Subcontractor Agreement documents can be used for that purpose. This document only deals with services purchased from a business, and therefore, does not address issues related to independent contractor status.The basic elements of an agreement to purchase services are:Identification of the parties.A description of the services to be performed.The dates or scheduled dates for performance of the services.Any conditions or limitations placed on either of the parties or warranties related to the performance of services.Payment terms.
What does a set off clause in an independent consulting agreement mean is it needed and what are impacts?
A set-off clause is simply a clause that allows an employer or someone who owes you money to deduct amounts that you owe to them from your pay. Set-off clauses are usually used in loan agreements and in the construction industry. They are often misused and are drafted too widely, allowing someone to withhold amounts for unproven claims that would not normally stand up in court. It is unusual to include a set-off clause in a consulting agreement and I would suggest it is not necessary, and imprudent to include one.
