Free Consulting Agreement

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  1. Get Started
  2. Customer
  3. Service Provider
  4. Terms
  5. Compensation
  6. Other
  7. Sign & Wtness
  8. Finish

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Built for California
Different states have different rules and regulations. Your Consulting Agreement will be customized for California.
Frequently Asked Questions

What is the Governing Law?The governing law for a CONSULTING AGREEMENT is usually the place where the actions of the parties (the service) will be performed. Where agreed by all parties, the governing law could be another applicable jurisdiction.
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CONSULTING AGREEMENT

THIS CONSULTING AGREEMENT (the "Agreement") dated this 18th day of September, 2014

BETWEEN


_________________________ of ______________________________, ______________________________,

(the "Customer")

- AND -


_________________________ of ______________________________, ______________________________,

(the "Consultant").

BACKGROUND:

  1. The Customer is of the opinion that the Consultant has the necessary qualifications, experience and abilities to provide services to the Customer.
  2. The Consultant is agreeable to providing such services to the Customer 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 Customer and the Consultant (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

  1. Services Provided
  2. The Customer hereby agrees to engage the Consultant to provide the Customer with services (the "Services") consisting of:
    • _______________________________________________________________
      _______________________________________________________________.

  3. The Services will also include any other tasks which the Parties may agree on. The Consultant hereby agrees to provide such Services to the Customer.
  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 until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties.
  6. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide thirty (30) days notice to the other Party.
  7. Performance
  8. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
  9. Currency
  10. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).
  11. Compensation
  12. For the services rendered by the Consultant as required by this Agreement, the Customer will provide compensation (the "Compensation") to the Consultant of _____0.00 per hour.
  13. The Compensation will be payable upon completion of the Services.
  14. Capacity/Independent Contractor
  15. In providing the Services under this Agreement it is expressly agreed that the Consultant is acting as an independent contractor and not as an employee. The Consultant and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
  16. Notice
  17. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
    1. _________________________
      ______________________________
      ______________________________, , _________________________
      Fax: (_____) _______-_____________
      Email: ______________________________
    2. _________________________
      ______________________________
      ______________________________, , _________________________
      Fax: (_____) _______-_____________
      Email: ______________________________

    or to such other address as any Party may from time to time notify the other.

  18. Modification of Agreement
  19. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
  20. Time of the Essence
  21. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
  22. Assignment
  23. The Consultant will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.
  24. Entire Agreement
  25. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
  26. Titles/Headings
  27. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
  28. Gender
  29. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  30. Governing Law
  31. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of California, without regard to the jurisdiction in which any action or special proceeding may be instituted.
  32. Severability
  33. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
  34. Waiver
  35. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this 18th day of September, 2014.

     
   

_____________________________

   

_________________________ (Customer)


     
   

_____________________________

   

_________________________ (Consultant)

Consulting Agreement Information

Alternate Names:

A Consulting Agreement is also known as:

  • Consulting Contract
  • Business Consulting Agreement
  • Independent Contractor Agreement
  • Freelance Agreement

What is a Consultant?

A consultant, also referred to as a freelancer or contractor, is a business or individual that provides a service to a client or company in exchange for compensation.

What is a Consulting Agreement?

A Consulting Agreement is a written contract outlining the terms of a given service between a consultant and client.

When should I use a Consulting Agreement?

If you are a consultant:

  • You should use the contract before rendering any services to another individual, business or organization in exchange for monetary compensation.

If you are a customer:

  • You should use a Consulting Agreement when hiring a consultant to perform any service for you or your business.

Why should I use a Consulting Agreement?

A consultant may use an agreement to protect his or her interests and ensure he or she gets paid by the customer by outlining a formal written agreement of the services being provided.

A customer may choose to use a Consulting Agreement when hiring a contractor to protect company information through non-disclosure clauses.

What is included in a Consulting Agreement?

Customer and Service Provider

The consulting contract contains basic contact information for both the customer and service provider.

Services Provided

A clear description of the services provided by the consultant is included in the contract, including the duration of the agreement.

Compensation

The contract includes terms about how much and when the customer will pay the contractor in exchange for his or her services.

Confidentiality, Non-solicitation, and Non-competition

The Consulting Agreement contains provisions about confidentiality. These terms help to prevent a consultant from disclosing sensitive material about the customer or company, such as trade secrets, client lists, marketing campaigns and more, for a designated period of time.

It also addresses non-solicitation and non-competition terms, whereby the consultant is restricted from competing unfairly or soliciting business from the customer.

Materials

Generally the consulting contract will address whether the ownership rights of the product or service supplied by the consultant will be retained by the customer or remain with the consultant upon completion.

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