Business Development Consulting Agreement for Australia

Business Development Consulting Agreement Template for Australia

This is a comprehensive legal agreement governed by Australian law that establishes a professional relationship between a business development consultant and a client company. The agreement outlines the terms and conditions under which the consultant will provide strategic business development services, including scope of work, compensation, intellectual property rights, confidentiality obligations, and performance expectations. It incorporates key provisions required under Australian legislation, including the Competition and Consumer Act 2010 and the Independent Contractors Act 2006, while ensuring compliance with privacy laws and tax regulations. The document is structured to protect both parties' interests while facilitating a clear understanding of their respective rights and obligations.

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What is a Business Development Consulting Agreement?

The Business Development Consulting Agreement is essential for organizations seeking to engage external expertise for their growth and expansion initiatives in Australia. This document is typically used when a company requires specialized business development services such as market expansion, strategic partnerships, revenue growth strategies, or new business opportunity identification. The agreement comprehensively addresses the consulting relationship, including service scope, deliverables, compensation, intellectual property rights, and confidentiality requirements, while ensuring compliance with Australian legal requirements. It's particularly important for protecting both parties' interests in professional service relationships and establishing clear performance expectations and success metrics. The document is structured to accommodate various business development initiatives while maintaining flexibility for specific project requirements and industry nuances.

What sections should be included in a Business Development Consulting Agreement?

1. Parties: Identifies and provides full details of the contracting parties - the consultant and the client company

2. Background: Sets out the context of the agreement, including the client's business needs and consultant's expertise

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Appointment and Term: Establishes the formal appointment of the consultant and the duration of the agreement

5. Scope of Services: Details the specific business development services to be provided by the consultant

6. Consultant's Obligations: Outlines the consultant's duties, responsibilities, and standard of service

7. Client's Obligations: Specifies the client's responsibilities, including provision of information and resources

8. Fees and Payment Terms: Details the consulting fees, payment schedule, expenses, and invoicing process

9. Intellectual Property Rights: Addresses ownership and usage rights of any IP created during the engagement

10. Confidentiality: Defines confidential information and obligations regarding its protection

11. Privacy and Data Protection: Establishes obligations regarding handling of personal and business data

12. Liability and Indemnification: Sets out liability limitations and indemnification obligations of both parties

13. Termination: Specifies circumstances and processes for ending the agreement

14. Post-Termination Obligations: Outlines obligations that survive the end of the agreement

15. General Provisions: Includes standard legal clauses such as notices, governing law, and dispute resolution

What sections are optional to include in a Business Development Consulting Agreement?

1. Non-Competition: Restricts consultant from working with competitors - include when protecting market position is crucial

2. Non-Solicitation: Prevents poaching of employees/clients - use when consultant will have significant contact with key stakeholders

3. Performance Metrics: Establishes KPIs and performance standards - include when success metrics are quantifiable

4. Insurance Requirements: Specifies required insurance coverage - include for high-risk or high-value engagements

5. Subcontracting: Addresses ability to subcontract services - include when consultant may need to delegate work

6. Force Majeure: Covers unforeseeable circumstances - important for long-term or critical service arrangements

7. Change Control Process: Procedure for modifying scope or terms - include for complex or long-term engagements

8. Publicity and Announcements: Controls public communications - include when engagement may be publicly visible

What schedules should be included in a Business Development Consulting Agreement?

1. Schedule 1 - Services Description: Detailed breakdown of business development services and deliverables

2. Schedule 2 - Fee Structure: Comprehensive fee schedule, including rates, expenses, and payment terms

3. Schedule 3 - Key Personnel: Lists key consultant team members and their roles/responsibilities

4. Schedule 4 - Service Levels: Specific performance standards and metrics if applicable

5. Schedule 5 - Client Materials and Resources: Details of resources to be provided by the client

6. Appendix A - Reporting Requirements: Templates and requirements for progress/performance reporting

7. Appendix B - Compliance Requirements: Specific regulatory or internal compliance requirements

8. Appendix C - Change Request Form: Standard form for requesting changes to services or terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use

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