Self Employed Consultant Agreement (Long) - Client Version

Self Employed Consultant Agreement (Long) - Client Version

TR.C&L.06.04

This Self-employed Consultant Agreement (Long) - Client Version provides greater protection to the client company than the Provider Version in that, unlike that version, this form contains undertakings by the consultant as to Non-Solicitation and Non-Competition, to protect the client. It is also more favourable to the client in that it includes a clause vesting Intellectual Property in respect of work performed in the client (rather than in the consultant, as is the position in the Provider Version).

This agreement is suitable where a company intends to appoint an independent contractor as a consultant where the consultant is a self-employed sole trader and providing consulting services and where the work is of high value or the relationship between the parties is complex or is to be for a reasonable duration.

This template aims to reduce the risk that the individual consultant might be deemed to be a de-facto employee of the other company rather than a sole trader who is a self-employed contractor but whether in law he is self-employed will depend on all circumstances (not just on the terms of this agreement). The relevant HMRC guidance and case law are not sufficiently precise to provide a simple answer on the point and so we recommend that you take professional employment law, tax, and NIC advice in relation to your circumstances before you decide to use this form of agreement. Nevertheless, a carefully worded contract ensuring the independence of the individual consultant is a key starting point.

This Self-employed Consultant Agreement (Long) - Client Version contains the following Clauses:

1. Definitions and Interpretations

2. Appointment of the Consultant and Duration

3. Time for Performance

4. Obligations of the Consultant

5. Warranties of the Consultant

6. Fees and Expenses

7. Late Payment

8. Access and Facilities

9. Intellectual Property

10.Waiver of Moral Rights

11.Conflicting Activities

12.Non Solicitation

13.Non Competition

14.Personal Data

15.Termination

16.Effects of Termination

17.Confidentiality

18.Force Majeure

19.Relationship of Parties

20.No Waiver

21.Severance

22.Entire Agreement

23.Non-Assignment

24.Third Party Liability

25.Notices and Services

26.Arbitration

27.Agreement in Counterparts

28.Set Off

29.Applicable Law and Jurisdiction

Schedule includes:

A. Scheduled Services

B. Time for Completion of Scheduled Services

C. Fees

D. Invoices and Receipts

E. Permits or Permission

F. Safety and Security Requirements

G. Facilities 

 This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

Top