Self Employed Consultant Agreement (Medium) - Client Version

Self Employed Consultant Agreement (Medium) - Client Version

BS.CONS.03

This form of Self-employed Consultant Agreement (Medium) – Client Version is drafted in favour of the buyer company containing provisions creating additional protection for the company and greater certainty to reflect current best practice.

This template provides an agreement for a company buying the consulting services from a contractor, where the contractor is a sole trader who is a self-employed individual (or where the contractor is a partnership). Minor amendments need to be made for use by a buyer which is an individual.

This document aims to reduce the risk that the individual consultant might be deemed to be a de-facto employee of the buyer 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 agreement should not be used for consultants operating via a service company. The equivalent form of agreement for a company which is the consultant engaged by the client is the Consultancy Agreement (Medium) – Company (engaging employees/subcontractors).

Where further provisions (including insurance, specific clauses relating to premises and further contractual protection for the parties) are required parties please see the Self-employed Consultant Agreement (Long) – Client Version.

This Self-employed Consultant Agreement (Medium) – Client Version contains the following Clauses and Schedules:

1. Definitions and Interpretation

 

2. Appointment of the Consultant and Duration

3. Obligations of the Consultant

4. Fees and Expenses

5. Late Payment

6. Intellectual Property

7. Waiver of Moral Rights

8. Conflicting Interests

9. Non Solicitation

10. Non Competition

11. Termination

12. Effects of Termination

13. Confidentialty

14. Relationship of Parties

15. No Waiver

16. Severance 

17. Entire Agreement

18. Non – Assignment

19. Notices and Services

20. Applicable Law and Jurisdiction

Schedules:

A. Scheduled Services

B. Time for Completion of Scheduled Services

C. Fees

D. Invoices and Receipts

E. Locations and Premises

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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