Consulting Agreement Template
THIS CONSULTING AGREEMENT (hereinafter “Agreement”) is made as of (MM.DD.YYYY) (the “effective date”) between [Client.FirstName][Client.LastName][Client.Company] (hereinafter “Client”) and [Consultant.FirstName][Consultant.LastName][Consultant.Company](hereinafter “Consultant”) referred to individually as “party” or collectively as the “Parties”.
1. Introduction & Scope
Provide a brief description of the project, including any necessary background information, and why the services are needed by Client.
Provide a brief description outlining what the Contractor anticipates accomplishing. This section should not include detailed tasks or deliverables but rather what is and is not within the scope of the project.
Consultant agrees to provide Client the following services and/or deliverables:
3. Rate of Payment for Services
In consideration of the services to be provided, Client shall pay Contractor in accordance with the following schedule:
Description of first item
Description of second item
Description of third item
4. Invoicing, Payment, and Taxes
Contractor will bear all of its own costs and expenses. Payment shall be made __ days after Client receives an undisputed invoice describing the relevant (a) Services and Deliverables, (b) fees and (c) taxes Contractor is legally required to collect from Client. Client may withhold full or partial payment of any invoice to reflect any liability, debt or other obligation that Contractor owes to Client.
5. No Relationship
Neither Contractor nor their staff are or will be employees of Client, and nothing in this Agreement creates any employment or other relationship between Client and Contractor or their staff. Contractor will have sole responsibility for all applicable benefit plans, workers compensation and any taxes and withholdings with respect to compensation paid to Contractor and its staff.
6. Confidential Information
Contractor will not use any “Confidential Information” for any purpose other than as needed to perform Contractor’s obligations under this Agreement. Contractor will hold all Confidential Information in strict confidence and will not disclose any Confidential Information to any person other than to Contractor’s employees and representatives who: (a) have a need to know, (b) have been advised of the confidential and proprietary nature of the Confidential Information and (c) have signed a written agreement that is as protective of the Confidential Information as that set forth in this Section.
When Contractor has fully performed Contractor’s obligations under this Agreement, or at any other time upon Client’s request, Contractor will return to Client (or at Client’s option, destroy) all Confidential Information in tangible form that is in Contractor’s possession.
The term “Confidential Information” means all information and materials relating to Client’s or its Affiliates’ business, in whatever form or medium, disclosed to or received by Contractor, whether visually, by perception, orally or in writing, whether disclosed before, on or after the Agreement Effective Date and whether or not specifically marked or otherwise identified as “Confidential” or “Proprietary,” including, without limitation, all summaries and notes prepared by or on behalf of Contractor, except that Confidential Information does not include any information Contractor demonstrates: (a) has become generally available to the public without breach of this Agreement, (b) Contractor later received from another person who did not violate any duty of confidentiality or (c) Contractor developed without use of any Confidential Information by persons who were not exposed to the Confidential Information.