Individual Consultant Agreement for Hong Kong

Individual Consultant Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes and regulates the relationship between a company and an individual consultant. This document defines the terms of engagement for independent consultancy services, including scope of work, compensation, intellectual property rights, confidentiality obligations, and termination provisions. It incorporates specific provisions to ensure compliance with Hong Kong regulations while maintaining clear distinction from employment relationships, addressing data privacy requirements under the PDPO, and protecting both parties' interests in accordance with Hong Kong contract law principles.

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What is a Individual Consultant Agreement?

The Individual Consultant Agreement is essential for businesses operating in Hong Kong that engage independent professionals for specific projects or expertise. This document serves as the primary legal framework for consultancy relationships, carefully structured to comply with Hong Kong law while avoiding characteristics that could imply employment. It is particularly important given Hong Kong's sophisticated business environment and the increasing reliance on flexible, specialized expertise. The agreement comprehensively covers service scope, fees, intellectual property rights, confidentiality, data protection under Hong Kong's PDPO, and termination provisions. It's designed to protect both parties' interests while maintaining the consultant's independent status and addressing specific regulatory requirements in Hong Kong's jurisdiction.

What sections should be included in a Individual Consultant Agreement?

1. Parties: Identification of the company and the individual consultant

2. Background: Context of the engagement and confirmation of consultant's independent contractor status

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and detailed scope of consultancy services

5. Term: Duration of the agreement, including start date and any renewal provisions

6. Consultant's Obligations: Key responsibilities, deliverables, and performance standards

7. Company's Obligations: Support, resources, and information to be provided by the company

8. Fees and Payment: Compensation, payment terms, expenses, and invoicing procedures

9. Relationship of Parties: Clear statement of independent contractor status and tax responsibilities

10. Confidentiality: Protection of confidential information and trade secrets

11. Intellectual Property: Ownership and assignment of work product and pre-existing IP

12. Data Protection: Compliance with PDPO and data handling requirements

13. Termination: Grounds for termination and termination procedures

14. Post-Termination Obligations: Continuing obligations after agreement ends

15. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

What sections are optional to include in a Individual Consultant Agreement?

1. Non-Compete: Restrictions on competing activities, used when consultant will have access to sensitive business information

2. Non-Solicitation: Restrictions on soliciting clients or employees, used when consultant has significant client or employee contact

3. Insurance: Insurance requirements, used when services involve higher risk activities

4. Equipment and Resources: Provisions regarding company equipment and resources, used when company provides significant resources

5. Performance Metrics: Specific KPIs and performance measurement criteria, used for longer-term or complex engagements

6. Compliance with Policies: Adherence to company policies, used when consultant works on-site or interfaces with company systems

7. Health and Safety: Health and safety obligations, used when services involve on-site work or physical activities

8. Force Majeure: Provisions for unforeseen circumstances, used for longer-term or critical service arrangements

What schedules should be included in a Individual Consultant Agreement?

1. Schedule 1 - Services: Detailed description of consultancy services and deliverables

2. Schedule 2 - Fees: Detailed fee structure, payment terms, and expense policies

3. Schedule 3 - Key Personnel: Details of key personnel if consultant operates through a service company

4. Schedule 4 - Service Levels: Performance standards and service level requirements

5. Schedule 5 - Company Policies: Relevant company policies applicable to the consultant

6. Appendix A - Confidential Information: Specific list or categories of confidential information

7. Appendix B - Pre-existing IP: List of consultant's pre-existing intellectual property

8. Appendix C - Required Insurance: Specific insurance requirements and coverage levels

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 | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Professional Services

Healthcare

Education

Manufacturing

Real Estate

Retail

Media and Entertainment

Telecommunications

Construction

Energy

Environmental Services

Transportation and Logistics

Business Consulting

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Information Technology

Risk and Compliance

Business Development

Strategy

Research and Development

Marketing

Training and Development

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Project Manager

Technical Specialist

Business Analyst

Strategy Consultant

IT Consultant

Management Consultant

Financial Advisor

Training Specialist

Research Consultant

Marketing Consultant

HR Consultant

Operations Consultant

Legal Consultant

Digital Transformation Specialist

Change Management Consultant

Quality Assurance Specialist

Subject Matter Expert

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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