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Independent Sales Consultant Agreement for the United Kingdom

Independent Sales Consultant Agreement Template for England and Wales

This agreement template, governed by the laws of England and Wales, establishes the legal framework for engaging independent sales consultants. It defines the relationship between the company and consultant, covering essential elements such as commission structures, sales territories, performance expectations, and maintaining independent contractor status. The document ensures compliance with UK regulations while protecting both parties' interests through clear terms and conditions.

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What is a Independent Sales Consultant Agreement?

The Independent Sales Consultant Agreement Template is designed for businesses operating under English and Welsh law who wish to engage sales professionals on a self-employed basis. This document is essential for companies looking to expand their sales capacity without creating direct employment relationships. It includes comprehensive provisions for commission structures, performance metrics, territorial rights, and compliance with UK regulations, while maintaining clear independent contractor status. The agreement helps protect both parties' interests while ensuring regulatory compliance.

What sections should be included in a Independent Sales Consultant Agreement?

1. Parties: Identification and details of the Company and the Sales Consultant

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and detailed description of services to be provided

5. Term and Termination: Duration of agreement and circumstances for termination

6. Compensation: Commission structure, payment terms, and expenses

7. Independent Contractor Status: Clear statement of self-employed status and related obligations

8. Confidentiality: Protection of confidential information and trade secrets

9. Data Protection: Compliance with UK GDPR and data protection obligations

10. Governing Law: Specification of English and Welsh law as governing law

What sections are optional to include in a Independent Sales Consultant Agreement?

1. Non-Compete: Restrictions on competitive activities - use when protecting against direct competition is crucial

2. Intellectual Property: Ownership and usage of IP created during the engagement - use when consultant may create or use IP

3. Insurance: Required insurance coverage - use when specific insurance requirements exist

4. Performance Targets: Specific sales targets or KPIs - use when measuring performance against specific metrics

5. Training Requirements: Mandatory training or certifications - use when specific qualifications are required

What schedules should be included in a Independent Sales Consultant Agreement?

1. Commission Structure Schedule: Detailed breakdown of commission rates and calculations

2. Territory Definition Schedule: Geographical areas or market segments covered

3. Product List Schedule: Products or services the consultant is authorized to sell

4. Sales Targets Schedule: Specific performance metrics and goals

5. Reporting Ƶ Schedule: Standard forms for activity and sales reporting

6. Company Policies Schedule: Relevant company policies and procedures

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions


































Clauses







































Industries

Commercial Agents Regulations 1993: Primary legislation governing relationships between principals and commercial agents, including rights, duties, and compensation upon termination

Supply of Goods and Services Act 1982: Legislation governing contracts for the supply of goods and services, ensuring quality and fitness for purpose

Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts, protecting against unreasonable terms

Consumer Rights Act 2015: Relevant if the sales consultant deals with consumers, protecting consumer rights and establishing business obligations

Competition Act 1998: Regulates anti-competitive behavior and ensures fair market practices

Employment Rights Act 1996: Important for establishing clear distinction between employment and independent contractor status

IR35 Legislation: Tax legislation ensuring proper classification of contractors versus employees for tax purposes

UK GDPR: Data protection regulations governing the processing and handling of personal data

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR

Bribery Act 2010: Anti-corruption legislation preventing bribery and establishing corporate liability

Modern Slavery Act 2015: Ensures ethical business practices and prevention of forced labor in supply chains

Financial Services and Markets Act 2000: Regulatory framework for financial services activities, if applicable to the consulting services

Copyright, Designs and Patents Act 1988: Protects intellectual property rights in created works, designs, and innovations

Trade Marks Act 1994: Governs the use and protection of trademarks and brand elements

Proceeds of Crime Act 2002: Anti-money laundering legislation preventing the handling of proceeds from criminal activities

Money Laundering Regulations 2017: Specific requirements for preventing and detecting money laundering activities

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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