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.
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").
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
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
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
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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.
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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
16. Pursuant to this Agreement, Consultant shall have no right to receive any
Company employee benefits including, but not limited t