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 document is compliant with the GDPR (General Data Protection Regulation).

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. Data Protection
15. Data Processing
16. Liability for Inaccurate Information
17. Termination
18. Effects of Termination
19. Confidentiality
20. Force Majeure
21. Relationship of Parties
22. No Waiver
23. Severance
24. Entire Agreement
25. Non-Assignment
26. Third Party Liability
27. Notices and Services
28. Arbitration
29. Agreement in Counterparts
30. Set Off
31. 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.

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