Executive Consulting Agreement Template for Australia

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Key Requirements PROMPT example:

Executive Consulting Agreement

"I need an Executive Consulting Agreement for engaging a digital transformation specialist as an interim CTO for our fintech startup, with the contract starting January 2025 and including strict IP protection and non-compete provisions."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Healthcare

Mining and Resources

Professional Services

Manufacturing

Retail

Telecommunications

Energy and Utilities

Education

Construction

Transportation and Logistics

Media and Entertainment

Real Estate

Agriculture

Relevant Teams

Legal

Human Resources

Finance

Procurement

Executive Leadership

Corporate Strategy

Operations

Risk and Compliance

Corporate Governance

Project Management Office

Relevant Roles

Interim CEO

Strategic Advisor

Management Consultant

Executive Coach

Transformation Director

Digital Strategy Consultant

Corporate Restructuring Advisor

Executive Project Director

Change Management Consultant

Interim CFO

Business Development Consultant

Operations Strategy Consultant

Board Advisor

Innovation Consultant

Turnaround Specialist

Industries
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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