Agreement templates

Consulting agreement template

Scope, fees, independent-contractor status, confidentiality and IP — the terms specific to advisory engagements.

What this is

A consulting agreement is the binding contract for an advisory engagement — its specific concerns, beyond a general services agreement, are usually independent-contractor status (the consultant isn't an employee) and confidentiality around whatever the client shares during the engagement.

When to use it

  • After a consulting proposal is accepted, before advisory work begins
  • For any engagement where the consultant needs to be clearly established as an independent contractor, not an employee
  • When the client will share sensitive business information as part of the engagement

What to include

Independent contractor status

An explicit statement that the consultant is not an employee, doesn't receive benefits, and is responsible for their own taxes.

Scope and deliverables

What the consultant is engaged to do, referencing the accepted proposal if one exists.

Confidentiality

Often stronger/more detailed than a standard services agreement, given the sensitive information consultants are typically exposed to.

Fees and expenses

Rate structure and how expenses (travel, tools) are handled.

Non-solicitation (optional)

Whether the consultant is restricted from soliciting the client's employees or customers during/after the engagement.

The template

Copy this into your own document, or build it directly as a branded page in Hanko. Bracketed text like [Client Name] is a placeholder to fill in.

Not legal advice — This is a starting point, not legal advice. Contract terms — especially liability, IP ownership, termination, and payment enforcement — vary by jurisdiction and by what you and your client actually negotiate. Have a lawyer review any agreement before you rely on it, particularly for larger engagements.

Consulting Agreement

This Agreement is entered into as of [Date] between [Consultant Legal Name] ("Consultant") and [Client Legal Name] ("Client").

1. Services

Consultant will provide the services described in the proposal dated [Date] (the "Services"), which is incorporated into this Agreement by reference.

2. Independent Contractor Status

Consultant is an independent contractor, not an employee, agent, or partner of Client. Consultant is responsible for their own taxes, insurance, and benefits. Nothing in this Agreement creates an employment relationship.

3. Fees & Expenses

Client will pay Consultant [$rate/hour, or a fixed fee of $amount], invoiced [weekly/bi-weekly/monthly], due within [15] days. Pre-approved expenses will be reimbursed at cost upon submission of receipts.

4. Confidentiality

Consultant will not disclose Client's confidential information to any third party, and will use it only to perform the Services. This obligation survives termination of this Agreement for [3] years.

5. Intellectual Property

Work product created specifically for Client under this engagement belongs to Client upon payment. Consultant retains ownership of pre-existing frameworks, tools, and methodologies used in delivering the Services.

6. Term & Termination

This Agreement begins on [Start Date] and continues until the Services are complete or either party terminates with [X days'] written notice.

7. Limitation of Liability

Consultant's total liability under this Agreement will not exceed the total fees paid by Client under this Agreement.

8. Governing Law

This Agreement is governed by the laws of [State/Country].

Signatures

Consultant: ___________________ Date: ______

Client: ___________________ Date: ______

How to customize it

  • Keep the independent-contractor language — it matters for tax and legal classification, especially for engagements resembling ongoing employment
  • Add a non-solicitation clause if you're concerned about the client poaching your team or the reverse
  • Extend the confidentiality survival period for engagements involving especially sensitive information
  • Confirm contractor-classification rules for your specific jurisdiction — they vary and carry real penalties if misclassified

Common mistakes

  • Omitting independent-contractor language entirely, which can create classification risk if the engagement resembles employment
  • No confidentiality survival period, leaving the obligation ambiguous once the engagement ends
  • Liability uncapped for a consulting engagement, an unnecessary risk relative to the fees involved
  • Using this template for an engagement that's functionally employment (fixed hours, exclusive availability, client-supplied equipment) without recognizing the classification risk that creates

Frequently asked questions

Why does independent-contractor language matter this much?

Misclassifying a consultant as a contractor when the relationship functions like employment can create real tax and legal liability for the client. The language in this template helps establish contractor status but doesn't override how the engagement actually operates.

Should a consulting agreement include a non-compete?

Non-competes are heavily restricted or unenforceable in many jurisdictions (including several US states). A narrower non-solicitation clause (not poaching employees/clients) is more commonly enforceable — check your jurisdiction.

How is this different from an Agency Services Agreement?

The core structure is similar; a consulting agreement typically places more emphasis on independent-contractor status and confidentiality, since consultants are more often engaged individually and exposed to sensitive strategic information.

Other templates

Sign this agreement, then bill the engagement

Route it for e-signature in Hanko and invoice by the hour, milestone, or retainer once it's signed.

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