The Standard Consulting Agreement serves as the primary contract document for establishing professional consulting relationships in the United States. This agreement is essential when engaging independent contractors for professional services, ensuring clear definition of deliverables, payment terms, and legal protections. The document addresses key aspects such as intellectual property rights, confidentiality, non-compete provisions, and liability limitations while maintaining compliance with federal and state contractor classification requirements. Organizations typically use this Standard Consulting Agreement when seeking external expertise without creating an employer-employee relationship.
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1. Parties: Identifies the contracting parties and their legal status
2. Background/Recitals: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Details the consulting services to be provided
5. Term and Termination: Specifies duration and termination conditions
6. Compensation: Details fees, payment terms, and expenses
7. Independent Contractor Status: Confirms consultant's status as independent contractor
8. Confidentiality: Protects confidential information
9. Intellectual Property Rights: Addresses ownership of work product
10. Representations and Warranties: States basic promises and guarantees
1. Non-Compete: Restricts competitive activities when protecting market position is crucial
2. Insurance Requirements: Specifies required insurance coverage for high-risk or regulated industries
3. Data Protection: Addresses data privacy obligations when handling personal or sensitive data
4. Force Majeure: Addresses unforeseen circumstances, typically included in longer-term agreements
5. Assignment: Controls transfer of rights when transfer restrictions are important
1. Statement of Work: Detailed description of services and deliverables
2. Fee Schedule: Detailed breakdown of fees and payment terms
3. Service Levels: Performance metrics and standards
4. Insurance Requirements: Detailed insurance specifications
5. Key Personnel: List of key individuals involved in service delivery
Relevant legal definitions
Clauses
Scope of Services
Payment Terms
Independent Contractor Status
Confidentiality
Intellectual Property Rights
Non-Compete
Non-Solicitation
Term and Termination
Representations and Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Assignment
Governing Law
Dispute Resolution
Amendment and Modification
Notices
Severability
Entire Agreement
Payment Terms
Independent Contractor Status
Confidentiality
Intellectual Property Rights
Non-Compete
Non-Solicitation
Term and Termination
Representations and Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Assignment
Governing Law
Dispute Resolution
Amendment and Modification
Notices
Severability
Entire Agreement
Relevant Industries
Relevant Teams
Relevant Roles
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