Consultancy contract

About this document

This contract has been drawn for the client to put to a consultancy business, favouring the client wherever possible, but remaining acceptable to the consultants.

We have taken the view that if anything goes wrong with a major project of the type a large firm would be involved in, there will be more serious consequences than with one where the advisor is working alone. The contract is therefore tough so that it can be used for important projects. However, it is easy to lighten the terms if you do not want to be so hard.

The client could be in any industry, the consultants could be offering help on any type of matter, and the project could be of any size.

It could be used on a take it or leave it basis, or as a negotiated document.

We allow for the possibility of future assignments under the same terms, using the same document. 

That way, if you want the consultants to provide further work, all you have to do is define it and refer to this agreement as the basis for the agreement. Even if you expect never to re-employ, you do not have to delete anything on that account.

There are options in several areas, notably contract summary, payment systems and working arrangements.

The law in this agreement

There is little statute law in this consultancy agreement. It depends on basic contract law and tort. However, the structure and the contents of the agreement reflect the latest thinking on what is needed to protect a business from theft of its intellectual property.

Alternative documents

If your business is IT or technology related, you may prefer this version, which contains additional relevant paragraphs relating to intellectual property protection.

Contents

• Definitions and interpretation
• Preliminary legal matters
• Consultant to avoid conflicts of interest
• Consultant's status and obligations
• Consultant’s fees and expenses
• Work management procedure
• Option for use of sub-contractors by consultant
• Consultant’s work for other clients
• No competition 
• Confidentiality
• Intellectual property
• Inventions and new intellectual property
• Duration and termination
• Mutual indemnities
• Other legal provisions
• Publicity / Announcements
• Miscellaneous mattersover 2,400 words of helpful and informative drafting notes