Time Management Consultant Agreement

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This is an agreement between a consultant and a company for time management consultation services. The consultant is recognized as having expertise in the area of efficiency, namely in the area of time management. This agreement can be customized to specify the duties of the consultant and the fee they will charge. This agreement should be used by small businesses that want to hire a consultant to maximize the time efficiency of employees. Additionally, this agreement can be used by time management consultants that want to provide their clients with a clear and organized agreement.

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									This is an agreement between a consultant and a company for time management
consultation services. The consultant is recognized as having expertise in the area of
efficiency, namely in the area of time management. This agreement can be customized
to specify the duties of the consultant and the fee they will charge. This agreement
should be used by small businesses that want to hire a consultant to maximize the time
efficiency of employees. Additionally, this agreement can be used by time management
consultants that want to provide their clients with a clear and organized agreement.
                         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.] ("Company") [Comment: This language could be easily
revised to reflect an agreement between two individuals by merely removing the
company formation information reference and changing “Company” to “Client”.],
and _____ [Instruction: Insert consultant’s name.] ("Consultant").
                                    WITNESSETH:
WHEREAS, Consultant is recognized as having expertise in the area of efficiency,
namely in the area of time management; 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 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. The Consultant will _____ [Instruction: Insert broad details of what
      consultant will do, e.g., assist Company in developing more efficient time
      management methods for employees and guide employees to implement same
      through various training seminars developed by Consultant.]
   3. 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.].
   4. For all services that Consultant renders to the Company or any of its subsidiaries
      or affiliates during the term hereof, the Company will pay Consultant a retainer
      of $_____ per month, payable on the first day of the month. If this agreement
      terminates on a date other than the first of a month, a prorated share of the
      minimum fee will be due for the final month. Consultant agrees that during the
      term he/she will devote up to ____ (__) days per month to his/her Duties. The
      duties will be scheduled at mutually agreeable times; however Consultant shall
      endeavor to provide such services during normal business hours. [Instruction:
      Insert applicable payment agreement, including any revision to the
      hours/days of services. Parties may also wish to consider whether or not such
      payment includes work for any of Company’s subsidiaries or affiliates, or


© Copyright 2012 Docstoc Inc.                                                             2
      just Company and make necessary appropriate changes.] 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.
   5. [Optional: If expenses are to be paid, same should be carefully set forth in
      this paragraph. See the remainder of the paragraph for sample expense
      language.] Company also agrees to pay Consultant’s fees for all third party
      charges incurred on Company’s behalf at our net cost. 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.
   6. Any material or ideas prepared or submitted to Company, which Company has
      chosen not to produce will remain Consultant’s property (regardless of whether
      the physical embodiment of creative work is in your possession in the form of
      copy, artwork, plates, recordings, films, tapes, etc.) and may be submitted to other
      clients for their use, provided that such submission or use does not involve the
      release of any Confidential Business Information. For purposes hereof, "produce'
      shall be defined as any material which is created in tangible form pursuant to a
      signed production estimate.
   7. Consultant shall at all times refer to Company and its operating units, if any, in
      terms that further its business objectives. Consultant shall not at any time refer to
      Company or its operating units, if any, in a manner that damages Company's
      position in the marketplace. Any such reference shall be deemed a material
      breach of this Agreement.
   8. In no event shall Consultant be liable to Company for Company’s lost profits, or
      special, incidental or consequential damages (even if Consultant has been advised
      of the possibility of such damages). [Comment: If this Agreement is between
      an individual and Consultant, the prior sentence may be deleted.]
      Consultant's total liability under this Agreement for damages, costs and expenses,
      regardless of cause, shall not exceed the total amount of fees paid to Consultant
      by Company under this Agreement.
   9. Optional language: This Agreement shall terminate in the event Consultant
      voluntarily ceases performing his/her duties and such cessation continues for
      a period of more than thirty (30) days after notice from Company, if
      Consultant becomes physically or mentally unable to perform his/her duties.
      In such event, the termination date shall be deemed to be the date on which
      such services ceased to be performed.
   10. 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.
   11. 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.


© Copyright 2012 Docstoc Inc.                                                               3
   12. The rights and obligations of the Company under this Agreement shall inure to
       the benefit of and shall be binding upon the successors and assigns of the
       Company. The rights, obligations and duties of Consultant hereunder may not be
       assigned or delegated without the Company's prior written consent except that
       Consultant may assign its interest to a company formed by Consultant for the
       purpose of providing such services.
   13. The Company and Consultant are independent contractors. 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.
   14. The Consultant represents and warrants to the Company 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.
   15. In performing the services, Consultant shall comply, to the best of his/her
       knowledge, with all business conduct, regulatory and health and safety guidelines
       established by the Company for any governmental authority with respect to the
       Company’s business.
   16. Pursuant to this Agreement, Consultant shall have no right to receive any
       Company employee benefits including, but not limited to, health and accident
       insurance, life insurance, sick leave and/or vacation.
   17. The Consultant acknowledges and agrees that it shall be solely responsible to pay
       any and all incomes taxes on any moneys earned from Company while
       performing services contemplated under this Agreement. The Consultant further
       acknowledges that the Company will not at any time withhold any taxes from the
       Company’s payments to the Consultant under this Agreement for the purposes of
       income tax or any other applicable taxes.
   18. [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 Company acknowledges that this Agreement
       was prepared by counsel for the Consultant and that it may contain terms
       and conditions onerous to Company. The Company 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


© Copyright 2012 Docstoc Inc.                                                             4
      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.
   19. 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 Company:
                  [Instruction: Insert Company notice information here.]
          If to the Consultant:
                  [Instruction: Insert Consultant notice information here.]
   20. 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
       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.
   21. 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.]
   22. 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.
   23. The pronouns used herein shall include, where appropriate, either gender or both,
       singular and plural.
   24. 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.
   25. 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.




© Copyright 2012 Docstoc Inc.                                                             5
   26. 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.
   27. 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.
   28. 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


_________________________
[Instruction: Insert Company signature block.]




© Copyright 2012 Docstoc Inc.                                                                6

								
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