The Simple Consulting Agreement is designed for Canadian businesses and organizations seeking to engage external consultants or independent contractors. This document serves as a foundational agreement that clearly establishes the consultant's role, responsibilities, and independent contractor status while protecting both parties' interests. It is particularly suitable for small to medium-sized engagements where a more complex master services agreement would be unnecessary. The agreement incorporates essential elements required under Canadian law, including provisions for GST/HST considerations, intellectual property assignment, and privacy law compliance. It can be easily customized for various consulting arrangements while maintaining its core purpose of creating a legally sound consulting relationship.
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1. Parties: Identifies the contracting parties - the client and the consultant, including full legal names and addresses
2. Background: Provides context for the agreement and confirms the consultant's capacity to provide services
3. Definitions: Defines key terms used throughout the agreement
4. Services: Describes the consulting services to be provided
5. Term and Termination: Specifies the duration of the agreement and conditions for termination
6. Fees and Payment: Details the compensation structure, payment terms, and expenses
7. Independent Contractor Relationship: Clearly establishes that the relationship is not an employment relationship
8. Confidentiality: Protects confidential information shared during the engagement
9. Intellectual Property: Addresses ownership of work product and pre-existing IP
10. Representations and Warranties: Basic warranties about capacity to contract and perform services
11. Limitation of Liability: Sets boundaries on the consultant's liability
12. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures
1. Non-Competition: Restricts consultant from competing with client - include only if crucial and ensure restrictions are reasonable
2. Non-Solicitation: Prevents consultant from soliciting client's employees or customers - include based on business risk
3. Insurance: Requires consultant to maintain specific insurance coverage - include for high-risk services
4. Data Protection: Additional privacy and data handling requirements - include if personal or sensitive data is involved
5. Compliance with Laws: Specific regulatory compliance requirements - include for regulated industries
6. Force Majeure: Addresses unforeseeable circumstances preventing performance - include based on risk assessment
7. Assignment: Rights to transfer the agreement - include if either party may need to assign rights
8. Dispute Resolution: Detailed procedures for resolving disputes - include for complex or high-value engagements
1. Schedule A - Scope of Services: Detailed description of services, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule C - Client Policies: Relevant client policies the consultant must follow
4. Appendix 1 - Service Levels: Performance standards and metrics, if applicable
5. Appendix 2 - Approved Subcontractors: List of pre-approved subcontractors, if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Management Consulting
Financial Services
Healthcare
Education
Professional Services
Manufacturing
Real Estate
Non-Profit
Energy
Retail
Construction
Marketing and Advertising
Environmental Services
Relevant Teams
Legal
Human Resources
Procurement
Finance
Operations
Risk Management
Compliance
Business Development
Contract Administration
Project Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Legal Counsel
HR Director
Procurement Manager
Project Manager
Department Head
Operations Manager
Risk Manager
Compliance Officer
Business Development Manager
Contract Administrator
Finance Manager
General Manager
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