This document sets forth an agreement that is entered into between a consultant and a
company, whereby the consultant will provides services with respect to business plan
development or start-up business analysis. The draft form contains numerous
comments and optional language to allow the contracting parties to address common
issues between them, based on their unique needs. The form is designed for use by an
individual consultant when providing services, by a company when hiring consultants, or
their legal representatives.
BUSINESS PLAN/START-UP ANALYSIS CONSULTING
THIS CONSULTING AGREEMENT ("Agreement") is made and entered into as of
the ___ day of _____, 20__, [Instruction: Insert date.] by and among _____
[Instruction: Insert company name.], a _____ [Instruction: Insert company
formation information. Please note, if this agreement is being entered into between
and individual intending to form a company, please revise this language to reflect
same.] ("Company"), and _____ [Instruction: Insert consultant’s name.]
WHEREAS, Consultant is recognized as _____ [Instruction: Insert area of expertise.];
WHEREAS, the Company desires to retain Consultant to provide services related to and
in support of efforts in which Consultant has expertise; and
WHEREAS, Consultant is in the business of providing such consulting services with
respect to business planning and business-start up analysis, and has agreed to provide the
services in accordance with the terms and conditions set forth in this agreement.
NOW, THEREFORE, in consideration of this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Consultant shall furnish the Company with his best advice, information, judgment
and knowledge with respect to the services related to and in support of efforts in
which Consultant has expertise which is to be provided in accordance with this
Agreement. Specifically, Consultant shall _____. [Comment: Insert specific
duties Consultant shall have under Agreement.]
2. Company shall retain Consultant as set forth in this Agreement with respect to
_____ [Instruction: Insert what Consultant will do for Company.] of
Company’s _____ [Instruction: Insert Company’s products and services to be
advertised.] (“Products and Services”).
3. The Consultant will _____ [Instruction: Insert broad details of what
consultant will do, e.g., develop marketing strategy.]
4. The term of this Agreement shall begin on _____ [Instruction: Insert
commencement date.] and shall, subject to the provisions for termination set
forth herein, continue until and terminate on _____ [Instruction: Insert
5. For all services that Consultant renders to the Company during the term hereof,
the Company will pay Consultant $_____, payable within thirty (30) days of the
date of Consultant’s invoice for such services. Consultant agrees that during the
term he/she will devote up to ____ (__) days per month to his/her Duties. The
Company will periodically provide the Consultant with a schedule of the
requested hours, responsibilities and deliverables for the applicable period of
time. The duties will be scheduled on an as-needed basis. [Instruction: Insert
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applicable payment agreement, including any revision to the hours/days of
services.] Late payments by Company shall be subject to late penalty fees of
_____% [Instruction: insert number] per month from the due date until the
amount is paid.
6. [Optional: If expenses are to be paid, same should be carefully set forth in
this paragraph.] Company shall reimburse Consultant for all travel expenses,
including but not limited to hotels, meals, etc., in connection with servicing
Company’s account. Such reimbursement shall not be limited to the above, and
may include special services and charges originated on Company’s behalf by
Consultant, incurred in servicing Company’s account.
7. The parties hereto agree this Agreement is for consulting services within _____.
[Instruction: Insert geographical region, for example, the United States.] Any
services to be performed by Consultant on Company’s behalf for any area outside
the foregoing shall be pursuant to a separate agreement, or a modification or
amendment of this Agreement.
8. Confidential Information and Intellectual Property.
1. Consultant shall maintain in strict confidence, and not use or disclose
except pursuant to written instructions from the Company, any Company
Trade Secret (as defined below), for so long as the pertinent data or
information remains a Trade Secret, provided that the obligation to protect
the confidentiality of any such information or data shall not be excused if
such information or data ceases to qualify as such as a result of the acts or
omissions of Consultant.
2. Consultant shall maintain in strict confidence and, except as necessary to
perform his duties hereunder, not to use or disclose any Company
Confidential Business Information (as hereinafter defined) during the term
of this Agreement and for a period of one (1) year thereafter, so long as
such Confidential Business Information remains Confidential Business
Information during such term. The obligation to protect the
confidentiality of such Confidential Business Information shall not be
excused if such Confidential Business Information ceases to qualify as
such as a result of the acts or omissions of Consultant.
3. Consultant may disclose Trade Secrets or Confidential Business
Information pursuant to any order or legal process requiring the disclosing
party (in its legal counsel's reasonable opinion) to do so, provided that the
request or order to so disclose the Trade Secrets or Confidential Business