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Business Plan Consulting Agreement

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Business Plan Consulting Agreement Powered By Docstoc
					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
                        AGREEMENT
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.]
("Consultant").
                                    WITNESSETH:
WHEREAS, Consultant is recognized as _____ [Instruction: Insert area of expertise.];
and
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
      termination date.].
   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
      
				
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Description: 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.