Consultant Agreement

The Consultant Agreement is a legally binding contract between a consultant and a client (person or company).

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If you are a business owner, you might have to hire outside experts to help with specific projects from time to time. These experts or consultants don't have the same status as your employees.

Thus, it would be best to have a clear understanding of what is expected in the working relationship. That is why it makes sense to create a Consultant Agreement protecting both you and the consultant hired to avoid misunderstandings.

What Is a Consultant Agreement?

A Consultant Agreement documents all consultants, essentially those working as independent contractors, should understand and utilize. There are many benefits to using this document if you're a consultant, of which the most essential is security.

Freelancers might be tempted to skip the Consultant Agreement, but it is not in their best interest to do so.

Other Names for Consultant Agreement

Depending on your state, a Consultant Agreement may also be known as:

  • Consulting Agreement
  • Consulting Contract
  • Business Consulting Agreement
  • Freelance Agreement
  • Independent Contractor Agreement
  • Independent Consultant Agreement

Who Needs a Consultant Agreement?

A Consultant Agreement applies to various consultant-client relationships. For example, if a newspaper hires a consulting journalist to write an article or a small business owner hires a web designer. A couple hires a wedding photographer for their wedding or a performer and their client.

Why Use 360 Legal Forms for Your Consultant Agreement

Customized for you, by you

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Consultant Agreement.

Specific to Your Jurisdiction

Laws vary by location. Each document on 360 Legal Forms is customized for your state.

Fast and easy

All you have to do is fill out a simple questionnaire, print, and sign. No printer? No worries. You and other parties can even sign online.

How to Create a Consultant Agreement with 360 Legal Forms

As a full-time consultant, you must be entering into Consultant and Freelance Agreements all the time. While the terms can be significant, starting with a template helps the process move along.

Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Consultant Agreement?

To create your document, please provide:

  • Client/Hiring Company Details: The legal name of the company or individual client, address, and contact information.
  • Consultant Details: The legal name and contact information of the consultant.
  • Services Provided: Describe the services provided.
  • Term: The contract's duration, including if it is for one project or an ongoing agreement.
  • Compensation: Details how the consultant will be compensated, hourly or weekly rate.
  • Additional Clauses: Confidentiality, non-compete, non-solicitation, and any other necessary clauses.
  • Materials: Specify whether the consultant or the client supplies the materials required.
  • Signatures: Both parties need to sign the agreement.

Consultant Agreement Terms

  • Consultant: In the context of a Consultant Agreement, this is the person providing services as an independent contractor
  • Intellectual Property: Intangible property such as an invention, art, or symbol that holds value
  • Confidentiality: A promise to not disclose any sensitive information
  • Severability: The quality of a document, such as an agreement or a lawmakers' bill, being valid even when some parts or provisions are struck out (valid without the offending parts or provisions)
  • Compensation: A reward, monetary or otherwise, for provided services
  • Kill Fee: Like a cancellation fee, a form of protection for the consultant if the client is to cancel
  • Form 1099: A series of IRS forms used to report income for miscellaneous independent contractors

Consultant Agreement Signing Requirements

Both the client and the consultant need to sign the Consultant Agreement. There's no need to notarize the document but having a witness observe the signatures' signing might be helpful.

What to Do with Your Consultant Agreement?

Both parties should keep a physical copy of the agreement after signing. The consultant needs evidence of payment for tax purposes. The document is usually held with other company records.

Frequently Asked Questions

As an independent contractor, your salary is not withheld for payroll taxes like Social Security and Medicare. You will also be responsible for the full rate as you wouldn’t have any employer contributions. Depending on your income, you may be required to pay estimated taxes several times a year. The burden is on you, as the consultant, to figure out the taxes owed.

Verbal agreements are still considered valid, although that varies by jurisdiction, Furthermore, they're not easily enforceable. A court may interfere and adjudicate a dispute. However, if you have a written Consultant Agreement, enforcing the contract's provisions becomes much easier.

A consultant works as an independent contractor, not an employee. For a start, consultants are not covered by workers' compensation or any public unemployment benefits, unlike employees. Another meaningful difference is that a consultant is not subject to as much control from the client.

Not having a Consultant Agreement can lead to many unfavorable consequences. Apart from the risk of not getting paid, your work may get stolen and compromised. Without a written contract, it may be very difficult to prove otherwise. Also, not having a contract could lead to tax issues.

For the client, not having a Consultant Agreement could lead to loss of time. A company might also experience unexpected expenses if they are to get involved in a lawsuit as a defendant. They could also experience a breach of sensitive information for not having a contract with a confidentiality clause.

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Applicable to all 50 states
Applicable to all 50 states

Our documents are vetted by lawyers and are applicable to all 50 states.