The Consultancy Agreement Between Company And Individual is essential for businesses engaging external expertise while maintaining clear independent contractor relationships. This document, compliant with U.S. federal and state laws, is used when companies require specialized skills or expertise without creating an employer-employee relationship. It protects both parties by clearly defining scope, deliverables, payment terms, and intellectual property rights, while ensuring compliance with IRS guidelines for independent contractor classification. The agreement is particularly important in today's gig economy and increasing reliance on flexible workforce arrangements.
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1. Parties: Identification of the company and consultant, including full legal names and addresses
2. Background: Context of the agreement and brief description of the arrangement
3. Definitions: Key terms used throughout the agreement
4. Services: Detailed description of consulting services to be provided
5. Term and Termination: Duration of agreement and conditions for termination
6. Compensation: Payment terms, rates, and reimbursement details
7. Independent Contractor Status: Clear statement of consultant's status as independent contractor
8. Confidentiality: Protection of confidential information
9. Intellectual Property Rights: Ownership and transfer of intellectual property created during the engagement
10. Representations and Warranties: Statements of fact and promises made by both parties
11. Limitation of Liability: Limits on parties' liability and indemnification provisions
12. General Provisions: Miscellaneous legal provisions including governing law, notices, and amendment procedures
1. Non-Compete: Restrictions on competitive activities during and after the engagement
2. Insurance Requirements: Specific insurance coverage requirements for the consultant
3. Performance Metrics: Specific deliverables, milestones, and performance standards
4. Force Majeure: Provisions for unforeseeable circumstances preventing performance
5. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration
1. Schedule A - Services Description: Detailed scope of services and deliverables
2. Schedule B - Fee Schedule: Detailed breakdown of fees, payment terms, and expenses
3. Schedule C - Required Insurance: Specific insurance requirements and coverage limits
4. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and obligations
5. Appendix 2 - Performance Metrics: Specific KPIs, deliverables, and quality standards
Relevant legal definitions
Agreement
Services
Deliverables
Effective Date
Term
Fees
Confidential Information
Intellectual Property Rights
Pre-Existing Materials
Work Product
Company Materials
Business Day
Force Majeure Event
Representatives
Scope of Work
Project
Consultant Materials
Expenses
Client
Company Group
Completion Date
Milestones
Payment Terms
Territory
Termination Date
Services
Deliverables
Effective Date
Term
Fees
Confidential Information
Intellectual Property Rights
Pre-Existing Materials
Work Product
Company Materials
Business Day
Force Majeure Event
Representatives
Scope of Work
Project
Consultant Materials
Expenses
Client
Company Group
Completion Date
Milestones
Payment Terms
Territory
Termination Date
Clauses
Services and Scope
Term and Termination
Compensation and Payment
Independent Contractor Status
Confidentiality
Intellectual Property Rights
Non-Competition
Non-Solicitation
Representations and Warranties
Indemnification
Insurance
Limitation of Liability
Force Majeure
Assignment
Compliance with Laws
Record Keeping
Notice
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendment and Waiver
Expenses and Equipment
Performance Standards
Reporting Requirements
Conflicts of Interest
Term and Termination
Compensation and Payment
Independent Contractor Status
Confidentiality
Intellectual Property Rights
Non-Competition
Non-Solicitation
Representations and Warranties
Indemnification
Insurance
Limitation of Liability
Force Majeure
Assignment
Compliance with Laws
Record Keeping
Notice
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendment and Waiver
Expenses and Equipment
Performance Standards
Reporting Requirements
Conflicts of Interest
Relevant Industries
Relevant Teams
Relevant Roles
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