Consulting Agreement Template

Prepare a customized consulting agreement to define the terms and conditions of professional services or advice provided to a client. Outline the scope, date, and compensation of consulting services.

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Last Update September 8th, 2023

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Table of Contents:

What Is a Consulting Agreement
Types of Consulting Services
What to Include in a Consulting Agreement
How to Write a Consulting Agreement Template
Consulting Agreement Example
Related Documents
Other Types of Service Contracts
FAQs About Consulting Contracts

What Is a Consulting Agreement

A consulting agreement is a legal contract that can be used by a client to hire a consultant to render consulting services. A consultant is a business or individual that provides professional recommendations, analysis, and expert advice to a client in exchange for compensation.

Consultants are usually experts in a specific field, such as marketing, technology, or human resources. By leveraging their extensive experience and knowledge, they are able to provide strategies to solve challenges and improve performance.

A consulting agreement can also be referred to as a:

Business consulting agreement
Consulting contract
Freelance contract or agreement

The purpose of this document is to cover all the necessary details of consulting services, such as the type of work and compensation that will be provided. Having a consulting agreement also helps protect both parties from possible legal disputes.

This type of agreement can be created in minutes by using a consulting agreement template. With a verified template, you can ensure that your contract contains all important information without having to pay for a lawyer.

Types of Consulting Services

Consultants can be found in almost all industries. They are hired by all types of organizations and clients, including small businesses, large corporations, and governments.

Regardless of the industry in which the consultant is specialized, most consulting services usually fit into one of these categories:

Strategy consulting: Focused on solving high-level strategic business challenges and conflicts.
Management consulting: Directed towards assisting companies in the development of general management methods to improve overall workplace performance.
Operations consulting: Based on helping clients improve operational performance and efficiency.
Financial consulting: Addresses the financial and analytical aspects of an organization.
Information technology (IT) consulting: Focused on the development and application of IT within a company.
Human resources consulting: Helps companies improve human capital management and maximize employee performance.

What to Include in a Consulting Agreement

A consulting contract requires various details in order to be legally binding and to ensure it holds up in court in case any legal conflicts were to arise. Having all the necessary information in writing helps avoid future misunderstandings and conflicts between both parties.

Below are the most important points that should be included in a consulting agreement

Date of the agreement
Name and mailing address of the consultant or the consulting firm
Name and mailing address of the client
A detailed description of the consulting services that will be rendered
Commencement and termination date of the agreement or the completion conditions
Willful termination terms (if applicable)
Type and amount of compensation and payment method
Retainer (if applicable)
Confidentiality, non-solicitation, indemnification, and non-compete clauses
Contingency arrangements (if applicable)
Expense responsibilities
Materials
Governing law
Any additional terms and conditions
Signatures of both parties

How to Write a Consulting Agreement Template

You can write a consulting agreement by using one of LawDistrict’s consulting contract templates. By following step-by-step instructions and expert legal guidance, you can ensure that your document includes all essential details and clauses. You can also customize your template to include the specific consulting services you will be receiving or providing.

Consulting Agreement Example

We recommend looking at a 100% verified sample consulting agreement before starting your own.

Use our example below to get a feel for the points to cover and details to include in your own customized agreement.

Other Types of Service Contracts

You might be interested in services other than consulting. In that case, you should create a legal document to formalize the service.

A service agreement protects both parties. It is usually a good idea to prepare a contract before starting a service.

It adds security if the contact is terminated or terms aren’t respected.

Other service contracts LawDistrict can help you create:

FAQs About Consulting Contracts

A consulting contract needs to be prepared carefully to avoid misunderstandings and disagreements between the two parties. To find out more about how these agreements work and must be prepared, check our FAQs below.

How to get a consulting services agreement template?

A consulting services agreement is a relatively straightforward document that can be created online without having to pay for a lawyer. However, if it’s not written properly, it may cause issues between both sides further down the line.

We provide consulting contract templates that are verified by professional legal experts to ensure they include all necessary sections and details. In addition, by using our legal document builder, you can quickly drag and drop your information without having to design the template yourself.

What is a retainer for consulting services?

A retainer is an up-front fee paid by a client to secure the services of a consultant for a predefined time period. This fixed payment is required by the consultant in order to start the work.

Working on a retainer basis provides greater stability than solely charging for services on a daily or hourly basis. This is because the consulting contractor or firm does not need to wait for invoices to be paid.

There are two main types of retainer models:

Pay per work: A recurring fee is set for a predetermined amount of time in which the consultant is expected to achieve specific project deliverables.
Pay for access: The client pays for the consultant to be available during a contractual period to offer professional advice upon request.

Why do you need a consulting services agreement?

Having a written record of consulting agreements is crucial to ensure that both parties are accountable for their respective obligations. If any issues arise later on, the consulting contract can be used for guidance on how to proceed.

All in all, it’s always recommended to draw up a consulting agreement when providing or receiving consulting services. Without this document, both the consultant and client risk negative financial repercussions, damaged business relationships, and legal conflicts.

You are only a few steps away from your own Consulting Agreement!

Preview of your Consulting Agreement

SERVICE AGREEMENT

This Service Agreement (hereinafter, the "Agreement"), is dated as of _________ (hereinafter, the "Effective Date"), and is entered into by and between the following parties:

_________ of _________, _________ and _________ (hereinafter, the "Client"),

and

_________ of _________, _________ and _________ (hereinafter, the "Contractor").

1. SERVICES During the term of the Agreement, _________ shall perform the following services for _________ (hereinafter, the "Services"): • _________

2. PAYMENT AMOUNT AND METHOD

During the Term of the Agreement, the Client agrees to pay the Contractor as follows:

Regular payments of $_________ hourly.

_________ agrees to pay, in addition to the principal and interest due hereon, all reasonable attorney fees, plus all other costs and expenses of collection and enforcement.

In addition to any other right or remedy provided by law, the failure of _________ to pay for the Services when due shall be considered a material breach of this contract, and _________ may terminate this Agreement and/or seek legal remedies.

3. TERM

This Agreement will commence on the Effective Date and shall continue until completion of the Services by the Contractor, unless earlier terminated as provided herein, or unless extended by mutual agreement expressed in writing signed by both parties prior to the completion of the Services by the Contractor.

4. OWNERSHIP OF WORK

The Contractor acknowledges and agrees that all intellectual property and related material, including but not limited to any copyrightable works, ideas, discoveries, inventions, patents, products or other information (hereinafter, the "Work Product"), performed under this Agreement shall be considered "Work Made for Hire" as defined in the U.S. Copyright laws and, therefore, shall be owned by and be for the express benefit of the Client.

If requested by the Client, the Contractor will provide and execute all necessary documentation to confirm or perfect the ownership of the Client to the Work Product.

5. INDEPENDENT CONTRACTOR

The Contractor certifies that, in providing the Services under this Agreement, he is acting as an independent contractor and not as an employee or an agent. Nothing contained in this Agreement shall be deemed to constitute an employment, agency, joint venture or partnership relationship between the parties.

6. NON-EXCLUSIVE CLAUSE

The Parties hereby acknowledge that this Agreement is non-exclusive, and nothing herein shall prevent either Party from entering into similar or same agreements with third parties.

7. EVENTS OF DEFAULT

The occurrence of any of the following events shall constitute and is hereinafter referred to as an "Event of Default":

a. If either party fails to make a required payment when due.

b. If either party becomes unable to perform its duties and fails to make available or deliver the Services in the time and manner provided for in this Contract.

c. If either party becomes or is declared insolvent or bankrupt.

d. If either party's property becomes subject to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

8. REMEDIES

In the event that either party (hereinafter, the "Defaulting Party") fails to perform any of its material obligations under this contract, or if any one of the hereinabove described Events of Default occurs which causes damage to the other Party (hereinafter, the "Non-defaulting Party"), it shall be considered a material breach of this Agreement.

In such an event, the Non-defaulting Party may notify the Defaulting Party in writing and request it to rectify and correct such breach of contract within _________ working day(s) from the effective date of such notice. If the Defaulting Party fails to cure the default(s) within such period of time, this agreement will be automatically terminated.

The defaulting Party shall be liable for any such breach pursuant to the applicable laws.

9. FORCE MAJEURE

Neither party shall in no event be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for any delay or failure in fulfilling or performing any obligation under this agreement when such delay or failure is resulting from circumstances beyond its reasonable control (hereinafter, "Force Majeure causes").

The term Force Majeure shall include, without limitation, acts of God, acts of civil or military authorities, insurrections, vandalism, riots, wars, lock-outs, embargoes, acts of nature, fire, natural disasters, epidemics, work stoppages or other labor disputes, or supplier failures.

A Party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of any such event:
(a) provide written notice to the other Party of the nature and extent of any such Force Majeure cause; and
(b) use reasonable efforts to remove any such causes and resume performance under this Agreement, as soon as reasonably practicable.

10. DISPUTE RESOLUTION

In the event a claim, dispute or controversy arises out of or in connection with this Agreement, the parties agree to attempt to resolve the claim, dispute or controversy by conducting good faith negotiations.

If the parties are unable to settle the matter between themselves within 30 days, the dispute shall thereafter be resolved by binding arbitration under the then current Commercial Arbitration Rules of the American Arbitration Association.

11. ENTIRE AGREEMENT

This document constitutes the entire agreement and understanding between the parties, and supersedes all prior agreements and understandings, whether oral or written, with respect to the subject matter of this Agreement.

12. SEVERABILITY

This Agreement will be enforced to the fullest extent permitted by applicable law.

If for any reason any term or provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will not affect any other term or provision of this Agreement. However, the parties shall cease performing such invalid or unenforceable provisions and negotiate in good faith to replace such invalid or unenforceable provisions with a valid, legal, and enforceable provision consistent with the original intent.

13. AMENDMENTS

This Agreement may be amended or modified as needed. However, any modification, variation or amendment of this Agreement shall only be valid if made in writing form and duly signed by the parties obligated under the amendment.

14. GOVERNING LAW

This Agreement shall be governed, construed and interpreted in accordance with the Laws of the State of _________.

15. NOTICES

Any and all notices, requests, demands or other communications to be given under this Agreement must be (i) given in writing and (ii) personally delivered or mailed by certified or registered mail, return receipt requested, or transmitted by electronic mail transmission to the party to whom such notice or communication is directed, to the mailing address or electronic mail address of such party as set forth in the opening paragraph of this Agreement, or to such other address or email address as any party may from time to time notify the other.

16. WAIVER

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.

17. ATTORNEY'S FEES

In the event that any action is instituted to enforce or interpret the validity of this Agreement or any of its provisions, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other available remedies.

18. ASSIGNMENT

This Agreement and all rights and obligations hereunder may not be assigned by either party without prior written consent of the other party.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

Service Provider:
_________

By: _______________________	Date: __________
_________

Service Recipient:

By: _______________________	Date: __________
_________