Free Consulting Agreement

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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 AUD (Australian 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.
Consulting Agreement Page of
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What is a Consulting Agreement?

A Consulting Agreement outlines the terms and conditions of professional services that a specialist (i.e., consultant) provides a client. It’s commonly used when a client hires a freelancing consultant or consulting business to perform specialty work or provide industry-specific guidance.  

  • A Consulting Agreement is also known as a:
  • Consultancy agreement
  • Consulting contract
  • Service agreement

Why should I use a Consulting Agreement?

Using a Consulting Agreement benefits consultants and clients. It protects each party from liability for the negligent acts of the other party, reduces the chances of a conflict, and holds both parties accountable for their contractual responsibilities. If there’s a future dispute, a contract provides evidence of what both parties agreed upon.

Consulting freelancers and businesses can create contracts when taking on new clients. Or, clients can draft a contract if a consultant doesn’t initiate the use of one.

Specialists in many industries can benefit from Consulting Agreements. This includes, but is not limited to:

  • Computer services and software 
  • Software as a service (SaaS)
  • Information technology (IT)
  • Architecture and construction
  • Accounting and finance
  • Telecommunications
  • Legal services
  • Engineering
  • Real estate
  • Healthcare

An agreement can also be essential for taxation and auditing purposes. Records of all expenses and income are essential to have on file, including service or employment agreements.

Please note that a consultant is considered an independent contractor, not an employee. Anyone looking to hire an employee will need an Employment Contract, which they can create using LawDepot’s customisable template.

What should be included in a Consulting Agreement?

LawDepot’s Consulting Agreement template is customised for your state or territory. It prompts you to include all the essential details for a valid contract, including the following

Services

Consultants can provide a range of services, depending on their specialty. An agreement must specify what the consultant will do for the client and include any deliverables or deadlines that may be involved with their work. For example, a consultant may be hired to provide any of the following specialty-specific services:

Consulting specialty Service examples
Management
  • Strategy development
  • Organisational restructuring
  • Performance practice and improvements
Information technology (IT)
  • Strategy development
  • Cybersecurity and risk management
  • Software development and emerging technology
Human resources (HR)
  • Talent acquisition and management training
  • Employee training and policy development
  • Payment, payroll solutions, and benefits
Finance
  • Planning and analysis
  • Risk management and investments
  • Crisis management and recovery
  • Tax compliance and return assistance
Marketing
  • Market research and analysis
  • Brand strategy and development
  • Digital marketing strategizing
  • Search engine optimization (SEO), pay-per-click (PPC) guidance, and analytics

Providing concise service details will help hold a consultant accountable for their work and provide evidence if any disputes about their service occur in the future.

Payment details

Outlining the negotiated rates for a consultant is crucial in an agreement. These details hold clients accountable for providing the correct compensation at the right time. Details may include:

  • Fees (e.g., flat fee or hourly rates)
  • A retainer
  • Time or frequency of invoicing 
  • Contractual interest
  • Superannuation guarantee contributions

An agreement can further detail any work expenses the client will reimburse the consultant. 

Timelines and termination clauses

The term of a Consulting Agreement can be defined in a number of different ways. The term can be for:

  • A single project - until the job is done
  • A fixed period of time with start and end dates
  • An indefinite period for ongoing services

If both parties agree to a termination clause, it must be included in the agreement. This clause outlines how much notice must be provided to terminate the contract.

Notice periods allow a party to exit the agreement without breaching the contract. In addition, a notice period allows the other party to resolve any issues that may have caused the terminating party to take these steps.

If the service contract does not adequately provide for termination, this can be remedied using a Termination Agreement.

Confidentiality clause

Consultants may need access to a client’s confidential details to fulfill their services. For example, an accountant (i.e., the consultant) might be asked to advise a small business on their spending. They’ll need to see the client’s books to better guide them in adjusting their budget and plans for financial success. 

A confidentiality clause is essential in a Consulting Agreement so the consultant can receive information that is considered trade secrets or existing intellectual property (IP). This clause creates terms for using this private information and gives clients peace of mind their data is secure with the consultant.

Intellectual property clause

A Consulting Agreement can determine who owns the rights to any intellectual property created during the contracted period based on the negotiations between the parties. This can include any generated plans, creative works, and materials a consultant develops for the client. 

A contract can outline either of the following options:

  • The client receives complete ownership of all the materials produced
  • The consultant retains all ownership of the materials generated

Whichever party doesn’t retain the rights to the intellectual property will only have limited use and access to these materials in the future.

For more information about intellectual property, consult IP Australia.

Additional clauses

Consulting Agreements can include additional clauses that are applicable to the services being provided.

LawDepot’s Consulting Agreement allows you to include additional clauses that may apply to your agreement.

How is a consultant different from an employee?

When a client hires a consultant, they’re not hiring an employee. An employee works at the direction of the employer who provides working hours, methods, and tools for the employee to fulfill their role. Employees typically only work for their employer and carry out their work themselves.

On the other hand, a consultant works as a freelancer or independent contractor. Their work is autonomous and during the hours the consultants set themselves. Typically, a consultant will have more than one client and can hire subcontractors to carry out their contractual obligations. 

In LawDepot’s Consulting Agreement, the following clauses outline the contractor status of the consultant:

  • A right of substitution that allows the consultant to hire a subcontractor to meet the obligations of their services.
  • Autonomy for the consultant who has full control over working time, methods, and decision-making
  • Equipment the consultant will provide, such as tools, materials, and supplies
  • No exclusivity for consultants as they do not work exclusively for the client and may seek out opportunities with other clients
  • An indemnity clause that protects both parties from liability under applicable state and territorial laws
  • A return of property clause that requires the consultant to return any of the client’s property, documents, records, etc., at the end of the contract

Do I need a witness when signing a Consulting Agreement?

Though it isn’t a legal requirement, a witness can validate signatures if there are any future disputes or misunderstandings about the agreement. 

If questions regarding the agreement’s validity arise, a witness can back up that no forgery, coercion, or undue influence was involved while signing. 

Related Documents:

  • Independent Contractor Agreement: Outline the terms of the services, payments, and more when a contractor is providing a service.
  • Computer Services Agreement: Write an agreement outlining the terms of a computer specialist providing services for a client.
  • Employment Contract: Create an outline detailing the rights and obligations of an employer and an employee when hiring new staff.
  • Confidentiality Agreement: Outline the terms and use of sensitive and private information being shared with another person or business for professional use.
  • Termination Agreement: Create an agreement when both parties of a contract mutually agree to end the contract.
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