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Consulting Agreement

Additional Clauses


Additional Clauses

No additional clauses are needed for most agreements.



Frequently Asked Questions
When should I include an additional clause?This section is optional and should only be used if you wish to include terms that have not already been addressed in the Consulting Agreement.The goal is to avoid ambiguity. Use complete sentences and avoid abbreviations.

Avoid using personal names and pronouns (we, us, you, they) and instead use the "Client" or the "Consultant".

Make sure to proofread your clause.
Construction contracts in Texas cannot require a Sub-Contractor to indemnify the General Contractor against harm caused by the General Contractor's own negligence. Nor can a Sub-Contractor be required to carry insurance for that purpose.


Your Consulting Agreement

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CONSULTING AGREEMENT

THIS CONSULTING AGREEMENT (the "Agreement") is dated this ________ day of ________________, ________.

Client

____________________________________________________
(the "Client")

Consultant

____________________________________________________
(the "Consultant")
  1. BACKGROUND
  2. The Client is of the opinion that the Consultant has the necessary qualifications, experience and abilities to provide consulting services to the Client.
  3. The Consultant is agreeable to providing such consulting services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Consultant (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

  1. Services Provided
  2. The Client hereby agrees to engage the Consultant to provide the Client with the following consulting services (the "Services"):
    • _______________________________________________________________
      _______________________________________________________________.

  3. The Services will also include any other consulting tasks which the Parties may agree on. The Consultant hereby agrees to provide such Services to the Client.
  4. Term of Agreement
  5. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
  6. In the event that either Party wishes to terminate this Agreement, that Party can do so immediately by serving written notice on the other Party.
  7. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
  8. Except as otherwise provided in this Agreement, the obligations of the Consultant will end upon the termination of this Agreement.
  9. Performance
  10. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
  11. Currency
  12. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in NZD (New Zealand Dollars).
  13. Payment
  14. The Consultant will charge the Client a flat fee of $__________ for the Services (the "Payment").
    The remainder of this document will be available when you have purchased a licence.
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What is a Consulting Agreement?

A Consulting Agreement is a contract between a consultant and client that outlines the terms of their arrangement. These documents are created when a client hires an expert in a specific area or industry to advise them.

Consulting Agreements should include terms regarding:

  • Description of the services
  • Payments
  • Intellectual property
  • Confidentiality
  • Termination
  • Expenses
  • Indemnity

What is a consultant?

A consultant is a professional with experience who specialises in a particular area. They provide advice and expertise to enable clients to improve their business operations.

They will often observe a company and make recommendations on how to make improvements. If the consultant is hired for a long-term or ongoing arrangement, they might continue to provide their services as their plan is rolled out to see if any adjustments are necessary.

Consultants operate in a wide range of fields, including:

  • Advertising and marketing
  • Computers and technology
  • Compliance (i.e., ensuring companies meet industry regulations and standards)
  • Diversity training
  • Finances
  • Human resources
  • Leadership
  • Legal
  • Real estate
  • Taxes

When should I use a Consulting Agreement?

A clearly written contract establishes the terms and conditions of the service agreement and ensures that the interests of both parties are protected. Having a written contract also guarantees everyone knows what's expected of them. If a dispute occurs, the consultant and client can reference the agreement to clarify any misunderstandings about their arrangement.

Is a Consulting Agreement legally binding?

Yes, a Consulting Agreement is a legally binding document that provides some protection for each party if the other breaches the agreement. Having a written record of the arrangement can save time and money if a misunderstanding or dispute arises.

How do I write a Consulting Agreement?

You can easily create a customised Consulting Agreement by filling out LawDepot's questionnaire. Using our template will ensure you complete the necessary steps:

Step 1: Specify how long the Consulting Agreement will last

Start your Consulting Agreement by specifying how long the agreement will last between the consultant and client. Your options are:

  • Single project: until the project is complete
  • For a fixed term: until a specified date
  • Indefinitely: service is ongoing

Step 2: Provide details about the consultant’s services

Description of the services the consultant is providing the client. It helps to be clear and specific when providing details and include any critical dates and deadlines.

Refer to the parties as "Consultant" and "Client" as these defined terms are used consistently throughout the agreement.

Step 3: Provide the consultant’s and client’s details

Provide details about the consultant and client in your agreement. State whether each party is an individual or company, and include names and addresses.

Step 4: Outline the billing details

Your Consulting Agreement needs to outline important billing details like:

  • Rate of Pay: Flat rate or hourly, weekly, monthly, etc. The appropriate rate depends on the duration of the contract.
  • Payment Schedule: Whether the consultant will be paid weekly, monthly or at the end of the contract. The appropriate schedule depends on the duration of the contract.
  • Retainer: A reasonable amount is usually 10-50% of the total contract amount
  • Interest rate on late payments: Reasonable late payment charges are up to 25% per year on unpaid sums.

A retainer is a payment the client makes upfront to the consultant before the work begins.

Step 5: Specify the written notice necessary to end the agreement early

A Consulting Agreement for a single project or a fixed term should specify how much notice is required to end the agreement early. Contracts for indefinite periods require a clause that outlines the conditions necessary to terminate the arrangement. 

Seven days is typically considered sufficient notice for most short-term contracts. If the arrangement is for more than a few months, 15-30 days' notice is more appropriate.

Step 6: Detail how expenses will be handled

Decide if the client needs to reimburse the consultant for work-related expenses. If so, the agreement also needs to clarify if the consultant requires the client's pre-approval before making purchases.

Step 7: Specify who owns any intellectual property

State whether the client will receive ownership of any intellectual property created under the contract or if the consultant will retain complete ownership.

Intellectual property is any work that's a creation of the mind (e.g., music, logos, blueprints, software, etc.).

Step 8: Decide if the agreement needs a confidentiality clause

Because consultants can receive privileged information about a client due to the services provided, it's sometimes appropriate for a Consultant Agreement to include a confidentiality or non-disclosure clause.

Confidential information is any client's business or personal information that's not publicly available.

Step 9: Write additional clauses into the agreement

Include any additional clauses in your agreement that are relevant to the services the consultant is providing the client.

Step 10: Sign the agreement

Finish your agreement by dating and signing it at the bottom. 

The agreement doesn't require witnesses, but it can be a good idea to include them in case the contract's validity is ever challenged.

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