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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."
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
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
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
Applicable Laws
Business Day
Client
Client Group
Client Materials
Commencement Date
Company Policies
Confidential Information
Consulting Fee
Consultant
Consulting Services
Deliverables
Effective Date
Expenses
Force Majeure Event
GST
Intellectual Property Rights
Key Performance Indicators
Material Breach
Moral Rights
Notice
Personal Information
Pre-existing IP
Project
Project IP
Related Body Corporate
Representatives
Schedule
Services
Service Level Requirements
Specifications
Term
Termination Date
Third Party Materials
Work Product
Appointment
Term
Services
Performance Obligations
Company Support
Fees and Expenses
Payment Terms
GST
Independent Contractor Status
No Employment Relationship
Intellectual Property
Moral Rights
Confidentiality
Privacy
Data Protection
Non-Competition
Non-Solicitation
Conflict of Interest
Exclusivity
Insurance
Indemnification
Limitation of Liability
Warranties
Record Keeping
Audit Rights
Force Majeure
Termination
Consequences of Termination
Post-Termination Obligations
Assignment
Subcontracting
Notices
Dispute Resolution
Governing Law
Entire Agreement
Variation
Severability
Waiver
Counterparts
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
Legal
Human Resources
Finance
Procurement
Executive Leadership
Corporate Strategy
Operations
Risk and Compliance
Corporate Governance
Project Management Office
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
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