This document sets forth the template contract to be entered into between a consultant and two individuals for the provision of marriage relations consulting services. The form anticipates use by a consultant and joint signature by both persons within the marriage.
This document sets forth a template agreement to be entered into between a consultant and two married individuals for the provision of marriage relations consulting services. It contains both standard clauses as well as opportunities for customization to ensure that the understandings of the parties are properly set forth, such as for the specific duties the consultant will provide as well as the consultant’s fee. This document can be used by a marriage consultant, married individuals, or their legal representatives. CONSULTING AGREEMENT THIS CONSULTING AGREEMENT ("Agreement") is made and entered into as of the ___ day of _____, 20__, [Instruction: Insert date.] by and among _____ (“Wife”), _____ (“Husband”) [Instruction: Insert names.], (collectively, "Client" [Comment: Please note, these reference names may be revised as necessary to reflect the appropriate moniker for each of the parties.]), and _____ [Instruction: Insert consultant’s name.] ("Consultant"). WITNESSETH: WHEREAS, Consultant is recognized as having expertise as a marriage relations consultant; 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, which may include something similar to “assist Husband and Wife in addressing marital conflict”.] 2. For all services that Consultant renders to the Client during the term hereof, the Client will pay Consultant $_____. Wife and Husband each agree that such fee shall be a joint expense. [Instruction: Insert applicable payment agreement. This language may be revised to reflect an hourly or other payment structure.] 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. Parties hereto agree all such fees are non-refundable. [Comment: Consultants in states which do not recognize same sex marriages or domestic partnerships may wish to revise this paragraph to ensure that both parties are jointly and severally liable for the full fee.] 3. Wife and Husband each agree to attend joint and/or individual consulting sessions or fulfill any other reasonable request for further information so that Consultant may perform the services set forth in this Agreement. 4. Wife and Husband understand, acknowledge and agree that Consultant shall act as a facilitator in the services set forth in this Agreement, and that Consultant shall make no binding decisions regarding same. 5. Husband and Wife understand, acknowledge and agree that Consultant shall not participate in court proceedings as an expert witness with respect to any services © Copyright 2012 Docstoc Inc. 2 provided hereunder, and each hereby agrees they shall not, nor shall either direct their respective attorney to subpoena Consultant in any such matter. Further, Husband and Wife understand, acknowledge and agree that they each respectively waive any and all rights to access to Consultant’s file in this matter, and that neither shall, nor shall either direct their respective attorney to make any attempt to access such file. 6. Notwithstanding anything in this Agreement to the contrary, Husband and Wife each expressly understand, acknowledge and agree that Consultant shall be under no confidentiality agreement as between the parties hereto, and any information provided by either to Consultant regarding the other may be disclosed. 7. Consultant shall not be obligated to perform and neither Husband nor wife, individually or collectively, will request performance of any services which may be deemed to constitute the unauthorized practice of law. Client (or Husband and/or Wife in his or her individual capacity) will be solely responsible to obtain legal advice, reviews and/or opinion as necessary or advisable in Client’s sole discretion, and at Client’s sole cost and expense. 8. Consultant makes no representation or warranty that the services provided hereunder will not result in any divorce, separation or other legal proceedings. 9. Parties hereto agree that success of Consultant in assisting to resolve Client’s matter, and performance of the services hereunder depends upon Client’s truthful disclosure and willingness to meaningfully participate in consultations with Consultant. Consultant shall bear no liability for failure to resolve Client’s matter. 10. Client understands, acknowledges and agrees that any disclosures made to Consultant may or may not be deemed confidential, based upon applicable statutory law. To the extent permitted by law, Consultant will maintain any disclosures in strict confidence. Notwithstanding the foregoing, Consultant will not withhold or maintain confidence with respect to any information disclosed which Consultant is obligated by law to report. [Comment: Parties in jurisdictions in which same sex marriages or domestic partnerships are not recognized should carefully review this paragraph, as the marital privilege typically permitted as between husband and wife may not apply in such instances.] 11. 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. 12. 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. 13. 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. © Copyright 2012 Docstoc Inc. 3 14. 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, except as may otherwise exist between Husband and Wife. 15. 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. 16. 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. 17. [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. 18. 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.] 19. 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 provisions © Copyright 2012 Docstoc Inc. 4 as to prior or future violations thereof or of any other provision of this Agreement, nor prevent that party thereafter from enforcing each and every other provision of this Agreement. The rights granted the parties herein are cumulative and the waiver by a party of any single remedy shall not constitute a waiver of such party's right to assert all other legal remedies available to him or it under the circumstances. 20. This Agreement will be governed by and interpreted in accordance with the substantive laws of the State of _____ [Instruction: Insert state.] without reference to conflicts of law. [Comment: Parties may wish to consider including alternative dispute resolution provisions.] 21. The various captions and section headings contained in this Agreement are inserted only as a matter of convenience and in no way define, limit or extend the scope or intent of any of the provisions of this Agreement. 22. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 23. The terms of this Agreement are confidential and no press release or other written or oral disclosure of any nature regarding the terms of this Agreement shall be made by either party without the other party’s prior written approval; however, approval for such disclosure shall be deemed given to the extent such disclosure is required to comply with governmental rules or a valid court order. 24. With respect to its subject matter, this Agreement constitutes the entire understanding of the parties superseding all prior agreements, understandings, negotiations and discussions between them whether written or oral, and there are no other understandings, representations, warranties or commitments with respect thereto. 25. This Agreement may be signed in one or more counterparts, each of which when exchanged will be deemed to be an original, binding upon the parties as if a single document had been signed by all, and all of which when taken together will constitute the same agreement. Any true and correct copy of this Agreement made by customary, reliable means (e.g., photocopy or facsimile) shall be treated as an original. 26. No modification to this Agreement, nor any waiver of any rights, will be effective unless assented to in writing by the party to be charged. 27. The person(s) executing this agreement hereby represent and warrant that each respectively has the authority to execute this agreement on behalf of the party for which he is executing. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above. _________________________ Consultant © Copyright 2012 Docstoc Inc. 5 _________________________ [Instruction: Insert Wife signature block.] _________________________ [Instruction: Insert Husband signature block.] © Copyright 2012 Docstoc Inc. 6
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