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Executive Consulting Agreement Template for Australia

This is a comprehensive legal agreement governed by Australian law that establishes the terms and conditions for engaging an executive-level consultant. The agreement defines the independent contractor relationship, outlines the scope of consulting services, establishes payment terms, and addresses key aspects such as intellectual property rights, confidentiality obligations, and termination provisions. It includes specific provisions to ensure compliance with Australian legislation, including the Independent Contractors Act 2006 and relevant tax laws, while providing flexibility for both parties to maintain a professional consulting relationship.

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What is a Executive Consulting Agreement?

The Executive Consulting Agreement is designed for Australian businesses engaging high-level consultants for strategic, advisory, or specialist roles. This document is particularly relevant when organizations require executive-level expertise on a contractual rather than employment basis. The agreement carefully structures the relationship to maintain clear independent contractor status under Australian law, while establishing comprehensive terms for service delivery, compensation, and professional obligations. It includes provisions for intellectual property protection, confidentiality, and performance expectations, tailored to meet the requirements of both the Independent Contractors Act 2006 and other relevant Australian legislation. This type of agreement is commonly used for interim executive positions, strategic advisory roles, and specialized project-based consulting engagements.

What sections should be included in a Executive Consulting Agreement?

1. Parties: Identifies the contracting parties - the company and the consultant (individual or consulting entity)

2. Background: Outlines the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement

4. Appointment and Term: Establishes the engagement of the consultant and the duration of the agreement

5. Services: Defines the consulting services to be provided and performance standards

6. Consultant's Obligations: Details the consultant's key responsibilities and commitments

7. Company's Obligations: Outlines the company's responsibilities to the consultant

8. Fees and Expenses: Specifies payment terms, rates, and expense reimbursement policies

9. Relationship of Parties: Clearly establishes the independent contractor relationship

10. Intellectual Property: Addresses ownership and rights to intellectual property created during the engagement

11. Confidentiality: Protects confidential information and trade secrets

12. Conflict of Interest: Prevents conflicts and establishes exclusivity requirements if applicable

13. Liability and Indemnity: Allocates risks and establishes indemnification obligations

14. Termination: Sets out circumstances and procedures for ending the agreement

15. Post-Termination Obligations: Specifies obligations that survive termination

16. General Provisions: Contains standard boilerplate clauses including governing law, notices, and amendment procedures

What sections are optional to include in a Executive Consulting Agreement?

1. Insurance: Required when specific insurance coverage needs to be maintained by the consultant

2. Non-Competition: Used when restricting the consultant's ability to compete is necessary and reasonable

3. Non-Solicitation: Used when protecting against poaching of employees or clients is important

4. Data Protection: Required when the consultant will handle personal or sensitive data

5. Compliance with Policies: Used when specific company policies must apply to the consultant

6. Performance Reviews: Include when regular performance assessment is required

7. Succession Planning: Required for long-term strategic consulting roles

8. Share Options or Equity: Used when offering equity-based compensation

9. International Travel: Include when the role requires international travel

10. Force Majeure: Important when external factors could significantly impact service delivery

What schedules should be included in a Executive Consulting Agreement?

1. Schedule 1 - Services Description: Detailed description of consulting services and deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Key Performance Indicators: Specific performance metrics and targets

4. Schedule 4 - Company Policies: Relevant company policies that apply to the consultant

5. Schedule 5 - Approved Expenses: List of pre-approved expenses and reimbursement procedures

6. Appendix A - Required Insurance Coverage: Details of insurance types and coverage levels required

7. Appendix B - Confidential Information: Specific details of confidential information and handling requirements

8. Appendix C - Approved Sub-contractors: List of pre-approved sub-contractors if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Ƶ

Sector

Cost

Free to use

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