Sample Consulting Agreement/Contract. Thoughts?

10 replies
Hey Warriors,

I've been trying to find a sample contract online that I could use but they were all like 800 pages long (Not Literally)! But I finally came across one that was a a little shorter and easier for both me and the client to comprehend. I tweaked it a little and I just wanted to see what you guys thought about it:

(Company Logo)
Consulting Agreement
This document shall serve as an agreement between (Company Name) who also will be known as the CLIENT and (Your Name) who also will be known as the CONSULTANT.


This agreement shall deal with the provision of professional marketing services by consultant for client relating to the promotion of his/her business (Business name and address).



Date: 4 April, 2011


Location: (Company Address)


This agreement shall become effective from 4 April, 2011.


Services Provided: (Description of the services being provided for the client)


Length of agreement: 12 months (Or whatever time frame you've agreed on)



Payment details: An initial retainer of ____(Amount) and a monthly payment of ____(Amount) starting 30 days after the effective date for the next 12 months.


Terms and conditions:
  1. The client shall provide the consultant with all the required documents and data to enable the consultant to fulfill his duties and responsibilities successfully.
  2. The consultant shall complete the assigned work on schedule in accordance with the terms of this agreement.
  3. The client must understand that the promotion of the business is a speculative task and no assurance can be made on how effective a particular move or task will be.
  4. The client shall transfer charges in advance prior to any marketing scheme or venture.
  5. In case, the client decides to terminate the agreement, he shall inform the consultant about the same in written 30 days in advance prior to the termination.
  6. Once said agreement is terminated the consultant is no longer responsible for any updates or upgrades to work previously performed. If the client was advertising on the consultant's ad space, the consultant is now free to give the space to someone else.
Signatures:
_________________________ (client)

_________________________ (consultant)


Is there anything I need to add/remove? Also, feel free to use it if you think it might be of use to you!
#agreement #agreement or contract #consulting #contract #sample #thoughts
  • Profile picture of the author iAmNameLess
    You know... it IS very basic, but that isn't a bad thing. This will be good enough and show good faith, for the majority of your endeavors. However, if this was through an online service, you need to add quite a bit.

    Just for good measure, I would say something about refunds, chargebacks, etc.
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    • Profile picture of the author Just Jarius
      Originally Posted by iAmNameLess View Post

      You know... it IS very basic, but that isn't a bad thing. This will be good enough and show good faith, for the majority of your endeavors. However, if this was through an online service, you need to add quite a bit.

      Just for good measure, I would say something about refunds, chargebacks, etc.
      Thanks iAmNameLess! But what exactly did you mean by "if this was through an online service"? I'll try to think of some things to add. If you have any specific examples, feel free to add em! lol
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      • Profile picture of the author iAmNameLess
        Originally Posted by Just Jarius View Post

        Thanks iAmNameLess! But what exactly did you mean by "if this was through an online service"? I'll try to think of some things to add. If you have any specific examples, feel free to add em! lol
        Well, you're using this contract for offline clients, right? That should be enough for most. However when you start a company, lets say web design or SEO and you're hundreds or thousands of miles away from them, you need a more robust contract, to cover yourself! The refund and chargeback policy is mandatory in that case!
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        • Profile picture of the author Just Jarius
          Originally Posted by Jay Rhome View Post

          Simple and to the point but I'd add two points if I were you:

          Add some exclusivity clause to it - with also a part that says that clause is no longer active when the client stops using your services.

          First part gives you some positioning and makes closing easier; the second part might make them stick longer.


          I'd also add a non-disclosure clause that protects both of you. You will indeed have access to their whole business model, numbers, etc. so it's good idea.


          Otherwise I fully agree: keep it simple!
          I did mean to add those, thanks for reminding me Jay!

          Originally Posted by iAmNameLess View Post

          Well, you're using this contract for offline clients, right? That should be enough for most. However when you start a company, lets say web design or SEO and you're hundreds or thousands of miles away from them, you need a more robust contract, to cover yourself! The refund and chargeback policy is mandatory in that case!
          Gotcha, I see exactly what you mean. Thanks again!
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  • Profile picture of the author Jay Rhome
    Simple and to the point but I'd add two points if I were you:

    Add some exclusivity clause to it - with also a part that says that clause is no longer active when the client stops using your services.

    First part gives you some positioning and makes closing easier; the second part might make them stick longer.


    I'd also add a non-disclosure clause that protects both of you. You will indeed have access to their whole business model, numbers, etc. so it's good idea.


    Otherwise I fully agree: keep it simple!
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  • Profile picture of the author NoGimmicks
    While I admire your attempts to keep things simple, you need to remember that the agreement is there to legally bind and safeguard both you and your client. As such you need legal advice as to whether this is fit for purpose or not, period. There are some pretty obvious things missing from your agreement that could potentially leave you in the cr@pper - for example, there's no mention of any limitation on liabilities, and it also appears that the only person able to cancel the agreement is the client, not you (and these are the immediately obvious things).

    If you want to keep it simple, get a trained professional to put it together for you and ask them for a plain-english/layman version.

    Martin
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    • Profile picture of the author Just Jarius
      Originally Posted by NoGimmicks View Post

      While I admire your attempts to keep things simple, you need to remember that the agreement is there to legally bind and safeguard both you and your client. As such you need legal advice as to whether this is fit for purpose or not, period. There are some pretty obvious things missing from your agreement that could potentially leave you in the cr@pper - for example, there's no mention of any limitation on liabilities, and it also appears that the only person able to cancel the agreement is the client, not you (and these are the immediately obvious things).

      If you want to keep it simple, get a trained professional to put it together for you and ask them for a plain-english/layman version.

      Martin
      Hmmmm, I see. Don't I feel like an idiot lol, but I definitely agree. I was hoping I could rely on the expertise of my fellow Warriors because I am on a Shoestring Budget right now. But hopefully I can get one of my lawyer friends or family members to help me out with this.
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  • Profile picture of the author gmichaelh
    I'd make the suggested changes from the previous posts, but when you're on a "Shoestring Budget" like you are right now, then you use what ya got. What you have is better than not having anything, and when you start getting some money coming in, get yourself some good legal advice and replace this one with one from a legal professional.

    Good Luck!
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    • Profile picture of the author Just Jarius
      Originally Posted by gmichaelh View Post

      I'd make the suggested changes from the previous posts, but when you're on a "Shoestring Budget" like you are right now, then you use what ya got. What you have is better than not having anything, and when you start getting some money coming in, get yourself some good legal advice and replace this one with one from a legal professional.

      Good Luck!
      Yup, I tweaked it a little and that's the plan for right now. Thanks for your input Mike!
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  • Profile picture of the author xlfutur1
    I agree, simple is better. Even if it is simple, you might want to have an attorney look it over just to cover you later if needed. There sometimes can be simple wording that when changed into legalese (you know, the language that attorneys learn so they can charge $500 per hour) makes it bullet proof. They often think of all the things that can go wrong and cover you just in case it does.

    My brother is a corporate attorney and does contracts all day long so I turn to him occasionally to look stuff over, but if you can't afford one, just barter an hour of their time for some of your offline services.
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