This Consulting Agreement template is designed for use in the German market when engaging professional consultants or consulting firms. It provides a comprehensive framework for consulting relationships under German law, addressing crucial aspects such as service scope, payment terms, and regulatory compliance. The agreement is particularly important for establishing clear independent contractor status to avoid issues of pseudo-employment (Scheinselbständigkeit) under German law. It includes specific provisions required by German civil and commercial codes, GDPR compliance measures, and appropriate liability limitations. This template is suitable for both individual consultants and consulting firms, and can be customized for various industries while maintaining compliance with German legal requirements.

1. Parties: Identification of the consultant and the client, including full legal names, addresses, and registration details if applicable

2. Background: Context of the consulting arrangement and general purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', and 'Confidential Information'

4. Scope of Services: Detailed description of the consulting services to be provided

5. Consultant's Obligations: Key responsibilities and commitments of the consultant, including quality standards and professional conduct

6. Client's Obligations: Client's responsibilities, including provision of necessary information and cooperation

7. Fees and Payment Terms: Compensation structure, payment schedule, expenses, and invoicing procedures

8. Term and Termination: Duration of the agreement and conditions for termination

9. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing materials

10. Confidentiality: Protection and handling of confidential information

11. Data Protection: GDPR compliance and data handling procedures

12. Independent Contractor Status: Clear statement of self-employed status to avoid Scheinselbständigkeit issues

13. Liability and Indemnification: Limitation of liability and indemnification provisions under German law

14. Force Majeure: Provisions for unforeseen circumstances preventing performance

15. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

16. General Provisions: Standard clauses including severability, entire agreement, and amendments