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This Business Consultant Agreement is between a Business Consultant, and a person or entity seeking the Business Consultant's services. This form contains standard terms and language that is used in this type of agreement, however, optional terms and language may be added to ensure the needs of the contracting parties are met. Use this form when entering into a Business Consulting Agreement, or if one is a Business Consultant entering into an agreement with a person or entity.
This Business Consultant Agreement is between a Business Consultant, and a person or entity seeking the Business Consultant's services. This form contains standard terms and language that is used in this type of agreement, however, optional terms and language may be added to ensure the needs of the contracting parties are met. Use this form when entering into a Business Consulting Agreement, or if one is a Business Consultant entering into an agreement with a person or entity. Business Consultant Agreement This Business Consultant Agreement is made on the (date), between (Name of Consultant) of (street address, city, state, zip code), referred to herein as Consultant, and (Name of Company), a corporation organized and existing under the laws of the state of ______________, with its principal office located at (street address, city, state, zip code), referred to herein as Company. For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Consultation Services Company hereby employs the Consultant to perform the following services in accordance with the terms and conditions set forth in this Agreement: Consultant will consult with the officers and employees of the Company concerning matters relating to the management and organization of the Company, their financial policies, the terms and conditions of employment, and generally any matter arising out of the business affairs of the Company. 2. Terms of Agreement This Agreement will begin (date) and will end (date). Either party may cancel this Agreement on thirty (30) days notice to the other party in writing, by certified mail or personal delivery. 3. Time Devoted by Consultant It is anticipated the Consultant will spend approximately (time) in fulfilling its obligations under this Agreement. The particular amount of time may vary from day to day or week to week. However, Consultant shall devote a minimum of _____ hours per month to its duties in accordance with this Agreement. 4. Place Where Services Will Be Rendered Consultant will perform most services in accordance with this Agreement at (place). In addition, the Consultant will perform services on the telephone and at such other places as designated by the Company to perform these services in accordance with this Agreement. 5. Payment to Consultant Consultant will be paid at the rate of $________ per _____ for work performed in accordance with this Agreement. However, the Consultant will be paid at least $______ per month regardless of the amount of time spent in accordance with this Agreement. Consultant will submit an itemized statement setting forth the time spent and services rendered, and Company will pay the Consultant the amounts due as indicated by statements submitted by Consultant within ten (10) days of receipt. 6. Independent Contractor Consultant is an independent Consultant and is not an employee, servant, partner or joint venturer of Company. Company shall determine the services to be provided by Consultant, but © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 Consultant shall determine the legal means by which it accomplishes the services in accordance with this Agreement. Company is not responsible for withholding, and shall not withhold or deduct from the commissions FICA or taxes of any kind, unless such withholding becomes legally required. Consultant is not entitled to receive the benefits which employees of Company and is not entitled to receive and shall not be entitled to workers compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social Security on account of his services to Company. It is further understood that Consultant is free to enter into a separate Agreement for similar services to be performed for other (type of entity) or organizations while under this Agreement with Company. 7. Confidential Information Consultant agrees that any information received by Consultant during any furtherance of the Consultant's obligations in accordance with this Agreement, which concerns the personal, financial or other affairs of the Company, will be treated by the Consultant in full confidence and will not be revealed to any other persons, firms or organizations. 8. Employment of Others Company may from time to time request that the Consultant arrange for the services of others. All costs to the Consultant for those services will be paid by the Company but in no event shall the Consultant employ others without the prior authorization of the Company. 9. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 10. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 11. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of __________. 12. Notices Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 13. Attorney’s Fees © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 14. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 15. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 16. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 17. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 18. Confidentiality Consultant and Company both acknowledge that all information and materials furnished from the Company concerning this Agreement and the performance of it is confidential and may not be used for any purpose other than in connection with this Agreement. 19. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 20. Compliance with Laws In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. 21. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 _____________________________ (Name of Company) _____________________________ By:_________________________________ (Printed Name of Consultant) (Printed name & Office in Corporation) ______________________________ __________________________________ (Signature of Consultant) (Signature of Officer) © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5
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