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Consulting Agreement
Consulting Agreement in the United States
Clauses
Names of the parties
Whereas clauses
Definitions of preliminary matters
Description of the work to be performed
Payments to the consultant
Term of the agreement
Patent/intellectual property infringement indemnity
Risk of loss—Personal injury
Cancellation, termination, or suspension
Mechanics of termination
Remedies
Delays—Force majeure
Payment/invoices/expenses
Insurance
Taxes
Accounting, records, and audits
Description of the responsibilities of the client
The standard of performance—Warranties of the consultant
Independent contractor status
Key persons/consultant’s personnel
Best eorts language
Intellectual property rights
Proprietary or confidential information
Changes
Indemnification—Limitation of liability—Consequential damages
Reports
Advertising and public announcements
Notices
Assignment or subcontracts
Equal employment opportunity
Nonwaiver/no oral modification
Nonsolicitation/noncompetition/exclusivity
Authority/supervision
Licenses and permits
Severability
Mechanic’s liens
Time is of the essence
Gratuities/conflicts of interest
Compliance with laws
Export controls
Compliance with company safety and security rules
Company facilities and materials
Smoking policy
Behavior of consultant’s employees (including drug abuse and sexual harassment)
No third-party beneficiaries
Other agreements
Dispute resolution
Governing law/choice of forum
Attorneys’ fees
Entire agreement
Aliations of the consultant
Employment law releases
Change in control
Injunction
Cooperation with litigation
Representation by counsel
Indemnification and insurance
Representations of the consultant to the company
Representations of the company to the consultant
Miscellaneous
Signatures
Posted
March 21, 2016
in
Business law
,
su1
by
Robert
Tags:
Agreements