Consulting Agreement Template

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A consulting services agreement is a comprehensive contract between a consultant and a client delineating the details concerning the services to be provided. It is designed to protect the interests of both the consultant and the client, ensuring a smooth and beneficial professional partnership. Create your consulting services agreement template on Loio and get a complete PDF document to your device.
Consulting Services Agreement

This Consulting Services Agreement (the "Agreement") is entered into on   (the "Effective Date") by and between

 , an individual having their usual place of living at   (the "Client"), and 

 , an individual having their usual place of living at   (the "Consultant"), collectively referred to as the "Parties" and individually as a "Party". 

WHEREAS the Consultant offers consulting services in the field of  ;

WHEREAS the Consultant possesses the necessary skills and qualifications, expertise, and experience to deliver consulting services effectively;

WHEREAS the Client is willing to engage the independent Consultant to perform consulting services;

NOW, THEREFORE, in consideration of the mutual covenants and representations set forth in this Agreement, the Parties hereby agree as follows:

Description of the services

The Client agrees to engage the Consultant to provide the following consulting services (the "Services"):

 

The Consultant shall perform the Services personally and has the right to hire or subcontract any other third party to perform the Services in full or partially with the Client's written consent. The Consultant is solely responsible for the quality, confidentiality, and timely completion of the Services by the third parties.

Compensation and payment terms

The Client shall pay the Consultant compensation (the "Consultant's Fee") for the Services provided under this Agreement. The Consultant's Fee shall be paid as a one-time fee of  . The payment should be made  .

Payment method: the Client shall pay the Consultant by cash.

Reimbursements

 

The Client agrees to reimburse the Consultant for reasonable and preapproved out-of-pocket expenses incurred in connection with the performance of the Services outlined in this Agreement.

The Client shall reimburse the Consultant for approved out-of-pocket expenses within   days after receiving the final report, including the actual expenses with supporting documentation.

Intellectual property

The Parties acknowledge and agree that the Client shall hold all intellectual property rights in any work product resulting from the Services, including but not limited to copyright and trademark rights. The Consultant agrees not to assert any claim to such intellectual property ownership at any time, whether before or after completion and delivery of the Services to the Client.

Independent consultant status

It is expressly understood and agreed that the Consultant is an independent contractor and not the Client's employee, partner, or agent. The Consultant shall have no authority to bind the Client and shall not be entitled to any employee benefits, including but not limited to health insurance, retirement benefits, or paid leave.

Liability and indemnification

The Consultant shall be liable for any damages that result from the Consultant's negligence, misconduct, or improper actions during the performance of this Agreement.

The Consultant agrees to indemnify and hold harmless the Client from and against any claims, demands, suits, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorney's fees, resulting from or related to the Consultant's performance under this Agreement, except for claims caused by the Consultant's negligence or willful misconduct. 

Confidentiality 

 

The Consultant shall not disclose to any third party any details regarding the Client's business, including but not limited to any information regarding any of the Client's customer information, business plans, or price points (the "Confidential Information"). The Consultant shall not make copies of the Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or distribution without explicit request or authorization from the Client. The Consultant shall not use the Confidential Information for any purpose other than the direct benefit of the Client.

This confidentiality clause shall remain in effect after the termination or expiration of this Agreement.

Non-competition

During the term of this Agreement and for a period of twelve months following its termination, the Consultant shall not engage, whether directly or indirectly, as an employee, officer, manager, partner, manager, consultant, agent, owner, or in any capacity, in any competition with the Client or any subsidiaries, including any company engaged in the securities market.

Non-solicitation of customers

During the term of this Agreement and for a period of twelve months following its termination, the Consultant shall not, directly or indirectly, solicit or attempt to solicit business from any clients, prospects, employees, or contractors of the Company.

Force majeure

Neither Party shall be liable for any failure to perform or delay in performing the obligations under this Agreement if such failure or delay is caused by events of force majeure, including but not limited to acts of God, war, terrorism, strikes, lockouts, labor disputes, pandemics, epidemics, governmental regulations, or any other similar cause beyond the reasonable control of the affected Party. In the case of force majeure, the affected Party shall immediately notify the other Party in writing and provide reasonable proof of the cause of the delay or inability to perform the obligations. The Party affected by force majeure shall endeavor to mitigate the consequences of such circumstances and resume the performance of responsibilities as soon as possible after the circumstances cease to exist.

If the force majeure circumstances last more than   days, either Party may terminate this Agreement by giving written notice to the other Party. In this case, neither Party shall be liable to the other Party for any damages arising from the termination of this Agreement.

Notices 

Any notice or communication required under this Agreement shall be sufficiently given if delivered personally or by certified mail, a return receipt requested to the address set forth in the opening paragraph, or to such other address as one Party may have furnished to the other Party in writing. It may also be delivered to the email address set forth below.

If to the Client:  

If to the Consultant:  

Either Party may change its registered mail or email address for receipt of notices by giving written notice to the other Party. 

Term and termination

This Agreement shall commence on the Effective Date and shall continue until   unless terminated earlier under the terms of this Agreement. Either Party may terminate this Agreement by providing   days written notice to the other Party.

In addition, either Party may immediately terminate this Agreement by providing written notice to the other Party if the other Party becomes insolvent or files for bankruptcy.

Upon termination of this Agreement, the Client shall pay the Consultant for all Services satisfactorily completed through the date of termination.

Governing law and dispute resolution

 

This Agreement shall be governed by and construed in accordance with the laws of the State of  , except for its conflict of laws principles. Any disputes related to this Agreement that cannot be resolved by negotiations and mutual agreement shall be resolved by the courts of the State of  .

 

Entire agreement

 

The Agreement constitutes the entire understanding between the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written.

 

Severability

 

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain valid and enforceable.

 

Waiver

 

The failure of any Party to enforce a particular provision of this Agreement shall not constitute a waiver of their right to enforce that provision in the future.

IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Effective Date.

THE CLIENT

THE CONSULTANT

 

 

 , USA
 , USA

 

 

__________________________________

(Place for signature)

__________________________________

(Place for signature)

 

 

 

 

Written by Karyna Pukaniuk - Reviewed by Kateryna Adkham

Template Description

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Paper titled "Consulting Services Agreement"; pen, woman talking to a man sitting at the desk

The consulting services agreement, often created through a consultant contract template, is among the critical documents in the consulting services world. This document is pivotal to curbing ambiguity and fostering practical understanding between consultants and their clients.

A consulting services agreement is a comprehensive contract between a consultant and a client delineating the details concerning the services to be provided. 

This document, often facilitated by a consulting contract template, meticulously lays down the scope of the job, the timeline, the compensation details, terms and conditions, and other relevant specifics. It is designed to protect the interests of both the consultant and the client, ensuring a smooth and beneficial professional partnership.

When To Use a Consulting Services Agreement?

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A consulting services agreement, which can be easily drafted using a consulting agreement template, is indispensable whenever a company hires a consultant or an independent contractor to guide or assist in specific areas of the business. This could range from human resources, marketing strategy, financial advising, and technical support to corporate training. The contract can be easily drafted using resources like:

  • A consulting agreement template Word document, or

  • A simple consulting agreement PDF

This legal document defines the expectations clearly and acts as a legal safeguard against potential disputes.

Parties of the Consulting Services Agreement

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Typically, a consulting services agreement, which can be structured using a consultant agreement template, involves two primary parties.

  • Consultant: This is an individual or a company that provides professional advice or services in a particular field of expertise.

  • Client: This is the individual, company, or organization that hires the consultant to perform the specified services.

Key Terms

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  1. Scope of Work: Details of the consultant's services to the client.

  2. Terms and Compensation: Information regarding the consultant's fees and payment schedule.

  3. Confidentiality: The agreement often includes a clause stating that the consultant cannot share confidential information about the client.

  4. Intellectual Property: This clarifies who owns any work product from the consulting services.

  5. Termination: This clause outlines the circumstances under which either party can end the agreement.

How To Write a Consulting Services Agreement

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Drafting a consulting services agreement, which you may reference from a consulting contract sample, starts with identifying involved parties along with their contact information. Follow this by outlining the scope of work or services the consultant is expected to deliver. Utilizing a consulting contract sample can enhance your understanding of what essential elements should be included in the agreement.

  1. State the duration of the contract for consulting services, with specific start and end dates. Define the terms of compensation — whether an hourly rate, a flat fee, or based on the achievement of specific results — and stipulate a payment schedule.

  2. Include details on confidentiality to protect sensitive business information. Consider a dispute resolution clause that sets out how disagreements will be handled should they arise and define the scenarios that may lead to contract termination.

Creating a consulting services agreement is pivotal in establishing a beneficial consultant-client relationship. Such an agreement outlines expectations, protects the client and the consultant, and adds an element of professionalism to the engagement. 

To facilitate the crafting of these documents, customizable contract templates, such as a consulting service agreement template, serve as an invaluable resource. This template simplifies the process while ensuring a comprehensive agreement. A well-drafted consulting services agreement, which can be easily achieved using a consulting service agreement template, is indeed a gateway to a successful consulting engagement.

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