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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 USD (US Dollars).
  13. Compensation
  14. The Consultant will charge the Client a flat fee of $__________ for the Services (the "Compensation").
    The remainder of this document will be available when you have purchased a license.
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What is a Consulting Agreement?

A Consulting Agreement is a written contract that outlines the terms and conditions of a professional service.

Use LawDepot’s Consulting Agreement template to create a custom document that suits a client’s specific needs. Whether you’re a freelancer, an established business, or a client, you’ll find that our template is simple to use and covers all the terms that are central to an effective service agreement.

What is a consultant?

Consultants are specialists that provide expert advice to companies or individuals looking to improve the efficiency and effectiveness of their business. This contract is suitable for a variety of consultant service industries, including:

  • Information technology (IT)
  • Human resources (HR)
  • Business management
  • Marketing
  • Engineering
  • Legal advice

Need a Consulting Agreement in Spanish? 

Use our Contrato de Consultoría.

Why should I use a Consulting Agreement?

A written contract clearly establishes the terms and conditions of a service agreement. This helps reduce the chances of conflict between the consultant and the client. It also provides evidence of the agreement if a dispute goes to court.

How do I write a Consulting Agreement?

To write a Consulting Agreement, be sure to include the following information.

1. Describe the details of the service

Give a time frame for how long the work is expected to last: until the project is complete, until a specified date, or until the parties decide to end the contract.

You’ll also need to select the state in which the consultant will work. This affects the laws that will apply to your service agreement.

Then, write a description of the consultant’s services. For example, an IT consultant might perform a systems analysis, update security software, and supply computer hardware.

2. Provide party details

Whether the relationship is between two corporations, an individual and a corporation, or two individuals, it’s important to include the names and addresses of the parties in the agreement.

3. Include billing info

Explain payment terms such as the consultant’s service fee, a retainer fee (if applicable), and payment due dates. You can choose to make payments due when the services are complete or at certain stages of work (e.g., project milestones). Our template also gives the option to add sales tax to your bill.

4. Clarify other charges and expenses

Optionally, you can address late payments by setting an interest rate on unpaid sums. You might also allow the consultant to bill work expenses, such as travel costs, to the client. Work expenses might be restricted to a certain amount or subject to the client’s approval.

5. Consider other terms and conditions

If the Consulting Agreement has a fixed term, you can address whether either party can end the contract early. If so, you must specify how many days of notice the party seeking to end the contract must give to the other party.

If intellectual property (IP) is involved, it’s important to state whether the client or the consultant will retain exclusive ownership rights. Examples of IP include creative works such as blueprints, custom software, logos, legal drafting, or advertisements. Unless specified otherwise, the client that paid for the work typically keeps ownership rights.

However, some consultants may choose to retain ownership if the IP is a “tool of the trade” (i.e., a skill or piece of equipment needed to complete a job).

Furthermore, you should specify whether any IP or other sensitive information is confidential. If so, state how long the duty of confidentiality should last (e.g., until the end of the agreement or indefinitely).

6. Add a unique clause

Customize LawDepot's Consulting Agreement with an additional clause written by you. Although most contracts won’t need any extra terms, you might want to address factors like:

Adding these terms is optional and depends on your personal situation.

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