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Insurance Consultant Agreement

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Insurance Consultant Agreement Powered By Docstoc
					This document sets forth the template contract to be entered into between a consultant
and an individual for the provision of insurance consulting services. The draft form
contains numerous comments and optional language to ensure many common issues
between the parties are addressed. This form is for use by an individual consultant
when providing services, or by an individual wanting to engage the services of a
consultant for the provision of insurance consulting services.
                         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 client name.], ("Client"), and _____ [Instruction: Insert
consultant’s name.] ("Consultant").
                                    WITNESSETH:
WHEREAS, Consultant is recognized as having expertise in the insurance industry and
specifically, the provision of necessary and/or desirable insurance; and
WHEREAS, the Client 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 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 Client 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. 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.].
   3. For all services that Consultant renders to the Client during the term hereof, the
      Client will pay Consultant. Consultant agrees that during the term he/she will
      devote up to ____ (__) hours to his/her Duties. The duties will be scheduled at
      mutually agreeable times. [Instruction: Insert applicable payment agreement,
      including any revision to the hours/days of services.] Late payments by Client
      shall be subject to late penalty fees of _____% [Instruction: Insert number.] per
      month from the due date until the amount is paid.
   4. Consultant will comply with any and all prohibitions, restrictions, limitations,
      conditions or other requirements which apply to them directly or indirectly
      pursuant to the Health Insurance Portability and Accountability Act of 1996
      (“HIPAA”) and its implementing regulations regarding privacy of individually
      identifiable health information, as same may be amended from time to time,
      except that Client hereby provides express written authorization to Consultant to
      disclose such health information where necessary to obtain any insurance quotes
      or the like to perform the services hereunder. Where necessary, Client and
      Consultant shall enter into a separate agreement regarding such information.




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   5. Any choice of insurance plans shall be in Client’s sole and final discretion.
      Consultant makes no guarantee or warranty with respect to the solvency, security
      or conduct of any such company with which Client enters into a business
      agreement.
   6. Client understands, acknowledges and agrees that Consultant will use his
      professional judgment to access insurance plan providers it believes are best
      suited to Client’s needs, however, Consultant makes no representation or warranty
      that such are the only such companies or that same are the best suited.
   7. The Client agrees to provide all policies, records and information necessary for
      the Consultant to perform the above services, and to make a proper evaluation of
      the Client’s insurance program or needs. The Consultant warrants that the
      Consultant is duly licensed under applicable statute, and agrees to act in a
      fiduciary capacity as to the Client where required, using the records and
      information gathered pursuant to this relationship only for the advancement of the
      interests of the Client. The Consultant agrees to evaluate the Client’s insurance
      program or needs and, in addition to any other necessary or appropriate
      communications, shall prepare a final written report of the Consultant’s advice,
      counsel, or opinion as to such insurance program or needs, as well as a calculation
      of the final fee. The signed report will be submitted to the Client no later than the
      termination of this Agreement. The Consultant shall retain a duplicate, which
      shall be made available, with any other required or supporting records, according
      to applicable statute.
   8. In the event of a breach hereunder and a failure to cure such breach within thirty
      (30) days of written notice of such breach, this Agreement may be terminated by
      either party upon written notice.
   9. The provisions of this Agreement are severable, and if any one or more provisions
      may be determined to be illegal or otherwise unenforceable, in whole or in part,
      the remaining provisions, and any partially enforceable provision to the extent
      enforceable in any jurisdiction, shall nevertheless be binding and enforceable.
   10. The rights and obligations of the Client under this Agreement shall inure to the
       benefit of and shall be binding upon the successors and assigns of the Client. The
       rights, obligations and duties of Consultant hereunder may not be assigned or
       delegated without the Client's prior written consent except that Consultant may
       assign its interest to a company formed by Consultant for the purpose of
       providing such services.
   11. Both parties acknowledge and agree that Consultant's engagement hereunder is
       not exclusive and that either party may provide to, or retain from others similar
       services to those provided hereunder by Consultant, provided that it does so in a
       manner that does not otherwise breach this Agreement. Neither party is, nor shall
       claim to be, a legal agent, representative, partner or employee of the other, and
       neither shall have the right or authority to contract in the name of the other nor
       shall it assume or create any obligations, debts, accounts or liabilities for the
       other.




© Copyright 2012 Docstoc Inc.                                                              3
   12. The Consultant represents and warrants to the Client that he/she is under no
       contractual or other restrictions or obligations which are inconsistent with the
       execution of this Agreement, or which will interfere with the performance of
       his/her duties or provision of services hereunder. Consultant represents and
       warrants that the execution and performance of this Agreement will not violate
       any policies or procedures of any other person or entity for which he/she performs
       services concurrently with those performed herein.
   13. The Consultant acknowledges and agrees that it shall be solely responsible to pay
       any and all incomes taxes on any moneys earned from Client while performing
       services contemplated under this Agreement. The Consultant further
       acknowledges that the Client will not at any time withhold any taxes from the
       Client’s payments to the Consultant under this Agreement for the purposes of
       income tax or any other applicable taxes.
   14. [Comment: This language is optional, but also should be carefully reviewed if
       used to ensure the drafter language is correct as applied to the particular
       situation of the parties.] The Client acknowledges that this Agreement was
       prepared by counsel for the Consultant and that it may contain terms and
       conditions onerous to Client. The Client expressly acknowledges that
       Consultant has given it adequate time to review this agreement and to seek
       and obtain independent legal advice, and represents to Consultant that it has
       in fact sought and obtained independent legal advice and is satisfied with the
       terms and conditions of this Agreement. Any terms herein which may be
       determined to be ambiguous shall not be construed against the Consultant.
       Rather, the parties shall be deemed to have equal bargaining power and such
       terms shall be deemed to have been negotiated by and between the parties.
   15. Any notices or other communications required or permitted under this Agreement
       shall be in writing and shall be deemed to have been duly given and delivered
       when delivered in person, two (2) days after being mailed postage prepaid by
       certified or registered mail with return receipt requested, or when delivered by
       overnight delivery service or by facsimile to the recipient at the following address
       or facsimile number, or to such other address or facsimile number as to which the
       other party subsequently shall have been notified in writing by such recipient:
          If to the Client:
                  [Instruction: Insert Client notice information here.]
          If to the Consultant:
                  [Instruction: Insert Consultant notice information here.]
   16. Either party's failure to enforce any provision or provisions of this Agreement
       shall not in any way be construed as a waiver of any such provision or p
				
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Description: This document sets forth the template contract to be entered into between a consultant and an individual for the provision of insurance consulting services. The draft form contains numerous comments and optional language to ensure many common issues between the parties are addressed. This form is for use by an individual consultant when providing services, or by an individual wanting to engage the services of a consultant for the provision of insurance consulting services.