This Flat Fee Agreement template is designed for use in Canadian jurisdictions where parties wish to establish a clear, fixed-price arrangement for professional services. It is particularly suitable for situations where the scope of work can be clearly defined and quantified, allowing for a predetermined fee rather than hourly billing. The document incorporates essential elements required under Canadian contract law, including provincial consumer protection requirements and federal tax considerations. It provides comprehensive coverage of service specifications, payment terms, deliverables, and risk allocation, while maintaining flexibility to accommodate various types of professional services. This agreement type is commonly used by consultants, agencies, and professional service providers who prefer to offer their clients cost certainty and simplified billing arrangements.
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1. Parties: Identification and details of the service provider and client
2. Background: Context of the agreement and general purpose
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided under the flat fee arrangement
5. Fees and Payment Terms: Flat fee amount, payment schedule, and payment methods
6. Term and Termination: Duration of the agreement and termination provisions
7. Service Provider Obligations: Key responsibilities and commitments of the service provider
8. Client Obligations: Key responsibilities and commitments of the client
9. Intellectual Property: Ownership and rights to work product and pre-existing IP
10. Confidentiality: Protection of confidential information exchanged during the engagement
11. Limitation of Liability: Limits on liability and indemnification provisions
12. General Provisions: Standard contract clauses including governing law, notices, and amendment procedures
13. Execution: Signature blocks and execution details
1. Insurance: Required when specific insurance coverage needs to be maintained
2. Force Majeure: Include when protection against unforeseen events is necessary
3. Non-Solicitation: Add when protection against hiring away personnel is needed
4. Data Protection: Include when personal data processing is involved
5. Warranties: Add when specific service quality guarantees are required
6. Dispute Resolution: Include when specific dispute resolution procedures are desired
7. Change Control: Add when the scope might need adjustment during the engagement
1. Schedule A - Scope of Services: Detailed breakdown of services and deliverables
2. Schedule B - Fee Schedule: Detailed breakdown of the flat fee and payment milestones
3. Schedule C - Service Levels: Performance standards and metrics if applicable
4. Schedule D - Key Personnel: List of key team members and their roles if relevant
5. Appendix 1 - Project Timeline: Detailed timeline for service delivery if applicable
6. Appendix 2 - Technical Requirements: Technical specifications or requirements if relevant
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