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Consulting Agreement With Former Employer
"I need a Consulting Agreement with a Former Employer for our departing CTO who will provide technical advisory services for 24 months starting January 2025, including specific provisions for knowledge transfer and maintaining our IT security protocols while working with other clients."
1. Parties: Identifies the parties to the agreement, including full legal names and ABNs - the former employer (now client) and the former employee (now consultant)
2. Background: Outlines the context of the agreement, including reference to previous employment relationship and desire to engage consulting services
3. Definitions: Defines key terms used throughout the agreement, including 'Services', 'Confidential Information', 'Intellectual Property', and 'Deliverables'
4. Term and Appointment: Specifies the duration of the consulting agreement and the basis of appointment as an independent contractor
5. Services: Details the consulting services to be provided, including scope, delivery requirements, and performance standards
6. Fees and Payment Terms: Specifies consulting fees, payment schedule, expenses, and invoicing requirements
7. Independent Contractor Relationship: Clearly establishes the nature of the relationship as independent contractor, not employment
8. Confidentiality: Obligations regarding confidential information, including both from previous employment and during consulting
9. Intellectual Property: Ownership and rights to intellectual property created during the consulting engagement
10. Conflict of Interest: Provisions regarding working with competitors and other clients
11. Termination: Grounds and process for terminating the agreement
12. General Provisions: Standard legal provisions including governing law, notices, and entire agreement
1. Non-Compete: Additional restrictions on working with competitors - use when specific competitive concerns exist
2. Insurance: Requirements for professional indemnity and other insurance - use for high-risk or regulated services
3. Performance Metrics: Specific KPIs or performance standards - use when quantifiable deliverables are required
4. Equipment and Resources: Provisions regarding use of client equipment or resources - use when consultant needs access to client facilities/systems
5. Transition Services: Specific provisions for transitioning work or knowledge - use when consultant was in a key role
6. Compliance Requirements: Industry-specific compliance obligations - use in regulated industries
7. Subcontracting: Rights and restrictions on subcontracting - use when consultant may need to engage others
1. Schedule 1 - Services Description: Detailed description of consulting services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Key Personnel: List of approved personnel who may perform services (if applicable)
4. Schedule 4 - Special Conditions: Any special terms or conditions specific to this engagement
5. Appendix A - Confidential Information: Specific list or categories of confidential information
6. Appendix B - Existing IP: Documentation of pre-existing intellectual property
7. Appendix C - Compliance Requirements: Specific compliance obligations and standards to be met
Authors
Services
Commencement Date
Completion Date
Confidential Information
Consultant
Client
Deliverables
Prior Employment Agreement
Fees
Force Majeure Event
GST
Intellectual Property Rights
Pre-existing IP
Project IP
Material
Personnel
Related Body Corporate
Representatives
Term
Business Day
Conflict of Interest
Previous Role
Transition Period
Project
Scope of Work
Change Request
Expenses
Moral Rights
Competing Business
Insolvency Event
Key Personnel
Permitted Purpose
Professional Standards
Specified Personnel
Subsidiary
Tax Invoice
Third Party Material
Background IP
Consultant Material
Client Material
Term
Services
Independent Contractor Status
Fees and Payment
Expenses
GST
Invoicing
Performance Standards
Reporting
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Conflict of Interest
Warranties
Insurance
Indemnification
Limitation of Liability
Termination
Force Majeure
Assignment
Subcontracting
Relationship Management
Compliance
Record Keeping
Audit Rights
Dispute Resolution
Governing Law
Transition Services
Resources and Equipment
Previous Employment References
Notices
Variation
Severability
Entire Agreement
Survival
Technology
Professional Services
Financial Services
Healthcare
Manufacturing
Mining and Resources
Education
Construction
Telecommunications
Management Consulting
Human Resources
Legal
Finance
Operations
Information Technology
Research and Development
Executive Leadership
Project Management Office
Procurement
Risk and Compliance
Chief Executive Officer
Chief Technology Officer
Senior Manager
Department Head
Technical Specialist
Project Manager
Senior Engineer
Financial Controller
Operations Director
Business Unit Leader
Senior Consultant
Subject Matter Expert
Product Manager
Research Director
Principal Architect
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