Freelance Consultant Agreement Template for England and Wales

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Key Requirements PROMPT example:

Freelance Consultant Agreement

"I need a Freelance Consultant Agreement for a senior IT consultant who will be working on our cloud migration project from January 2025, with strict IP protection clauses and the ability to work with our international offices in France and Germany."

Document background
The Freelance Consultant Agreement is essential for businesses engaging external expertise on a non-permanent basis. This agreement, governed by English and Welsh law, clearly defines the consultant's independent status, protecting both parties from employment law implications. It covers crucial aspects such as service scope, deliverables, payment terms, intellectual property rights, and confidentiality. The document is particularly important in today's gig economy, where organizations increasingly rely on flexible, specialized expertise while maintaining clear contractual boundaries.
Suggested Sections

1. Parties: Identifies and defines the contracting parties: the client and the consultant

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Services: Details the specific services to be provided by the consultant

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

6. Fees and Payment: Payment terms, rates, and invoicing procedures

7. Obligations of the Consultant: Key responsibilities and commitments of the consultant

8. Obligations of the Client: Key responsibilities and commitments of the client

9. Intellectual Property Rights: Ownership and usage rights of work created during the engagement

10. Confidentiality: Protection of confidential information

11. Liability and Indemnity: Limitation of liability and indemnification provisions

12. General Provisions: Standard boilerplate clauses including governing law

Optional Sections

1. Data Protection: Required when personal data will be processed as part of the engagement

2. Non-Compete: Restrictions on working with competitors during and after the engagement

3. Insurance: Specific insurance coverage requirements for the consultant

4. Equipment and Resources: Provisions regarding equipment and resources provided by either party

5. Change Control: Process for managing changes to services in complex or long-term engagements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Performance metrics and quality standards

4. Schedule 4 - Key Personnel: Details of key individuals involved in service delivery

5. Appendix A - Insurance Requirements: Specific insurance coverage requirements

6. Appendix B - Policies and Procedures: Relevant client policies that consultant must comply with

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
Relevant Teams
Relevant Roles
Industries

Employment Rights Act 1996: Key legislation to reference when establishing clear boundaries between employment and consultancy status, helping prevent misclassification of employment status

Equality Act 2010: Ensures protection against discrimination and promotes equality in professional relationships, applicable even in consultancy arrangements

Data Protection Act 2018 and UK GDPR: Governs the handling, processing, and protection of personal data in the UK post-Brexit, essential for data privacy compliance

Companies Act 2006: Relevant when dealing with corporate clients, governing business relationships and corporate obligations

Income Tax Act 2007: Determines tax obligations and responsibilities for self-employed consultants

IR35 Legislation: Off-payroll working rules that determine tax status of contractors and consultants, crucial for tax compliance

National Insurance Contributions Act 2014: Governs NI contributions requirements for self-employed individuals

Value Added Tax Act 1994: Relevant for VAT-registered consultants, determining VAT obligations and requirements

Copyright, Designs and Patents Act 1988: Protects intellectual property rights and governs ownership of work created during consultancy

Trade Marks Act 1994: Protects branding and trademark usage in consulting relationships

Unfair Contract Terms Act 1977: Regulates contractual terms to ensure fairness and reasonableness in business contracts

Health and Safety at Work Act 1974: Sets out health and safety obligations, relevant when consultant works on client premises

Bribery Act 2010: Ensures anti-corruption compliance in business relationships

Modern Slavery Act 2015: Relevant for consultants working in supply chains, ensuring ethical business practices

Common Law Contract Principles: Fundamental principles of contract law including offer, acceptance, consideration, and intention to create legal relations

Professional Indemnity Insurance Requirements: Insurance obligations typically required for consultants to protect against professional negligence claims

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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