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Bird Dog Consulting Agreement

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Bird Dog Consulting Agreement

Note: The forms provided by Wingfield Investments, LLC are best used as a reference and should not be considered a substitute for proper legal advice. This form should be used at your own risk.

This Agreement is made effective as of 20____, by and between (Investor, hereinafter “Company”), Located at: (Address) and (Bird Dog, hereinafter “Consultant”), Located at: (Address)

In this Agreement, the parties who are contracting to receive services shall be referred to as the “Company” and the party who will be providing the services shall be referred to as the "Consultant".

The Company desires to have services provided by the Consultant. Therefore, the parties agree as follows:

1. DESCRIPTION OF SERVICES. Beginning on 20____, the Consultant will provide the following services (collectively, the "Services"): a real estate locator, referral and contact service.

2. PERFORMANCE OF SERVICES. The manner in which the Services are to be performed and the specific hours to be worked by the Consultant shall be determined by the Consultant. The Company will rely on The Consultant to work as many hours as may be reasonably necessary to fulfill the Consultant’s obligations under this Agreement.

3. PAYMENT. The Company, will pay a locator, referral and/or contact fee to the Consultant by way of a Bird Dog Fee (“the Fee”) for the Services in the amount equivalent to $ or ( %) of the total proceeds derived from the sale and/or purchase of the certain property located, referred and/or contacted as requested by the Company, or a flat fee in the amount of $ for services as described in Paragraph 2 above. All fees due to Consultant shall be payable in a lump sum upon completion of the Services unless otherwise further negotiated between the Company and the Consultant. Upon termination of this Agreement, payments under this paragraph shall cease; provided, however, that the Consultant shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which the Consultant has not yet been paid.

The Company requires the Consultant to provide it with an invoice at the time of closing on the properties, and the Company agrees to provide to the Consultant a draft invoice for this purpose. Upon termination of this Agreement, payments under this paragraph shall cease; provided, however, that the Consultant shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which the Consultant has not yet been paid.

4. TERM/TERMINATION. This Agreement shall terminate automatically upon completion by the Consultant of the Services required by this Agreement.

5. RELATIONSHIP OF PARTIES. It is understood by the parties that the Consultant is an independent contractor with respect to each, and not an employee the Company. The Company's business shall not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Consultant under this Agreement.

6. EMPLOYEES. The Consultant's employees, if any, who perform services for the Company under this Agreement shall also be bound by the provisions of this Agreement. At the request of the Company, the Consultant shall provide adequate evidence that such persons are the Consultant's employees.

7. CONFIDENTIALITY. The Company recognizes that The Consultant has and will have the following information:

- prices

- costs

- future plans

- business affairs

Also, other proprietary information (collectively, "Information") which are valuable, special and unique assets of the Company and need to be protected from improper disclosure. In consideration for the disclosure of the Information, the Consultant agrees that the Consultant will not at any time or in any manner, either directly or indirectly, use any Information for the Consultant's own benefit, or divulge, disclose, or communicate in any manner any Information to any third party without the prior written consent of the Company. The Consultant will protect the Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.

8. UNAUTHORIZED DISCLOSURE OF INFORMATION. If it appears that The Consultant has disclosed (or has threatened to disclose) Information in violation of this Agreement, The Company shall be entitled to an injunction to restrain the Consultant from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed, notwithstanding that this Agreement is not exclusive to the Company, and the Consultant shall be allowed to use such confidential information under identical agreement with any other third party who may be interested in purchasing the Company’s Property up to and until the time the Company have entered into their agreement(s) to consummate a financial transaction. The Company shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.

9. CONFIDENTIALITY AFTER TERMINATION. The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.

10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:

IF for The Company: (Address)

IF for The Consultant: (Address)

Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above.

11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by all parties.

13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

15. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of .

Party receiving services:

[Company]

By:

Name:

Phone:

Party providing services:

[Consultant]

By:

Name:

Phone:

Note: The forms provided by Wingfield Investments, LLC are best used as a reference and should not be considered a substitute for proper legal advice. This form should be used at your own risk.

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What the Bird Dog Consulting Agreement Is and When It Applies

A Bird Dog Consulting Agreement is a written contract that documents a finder or referral relationship in which an individual locates potential business opportunities, leads, or property and is paid a fee if a transaction closes. Typical parties are the hiring company (recipient of leads) and the bird dog (finder). The agreement defines scope, compensation formula, payment triggers, confidentiality, non-circumvention, and the term. It clarifies that the finder is not an employee and does not provide ongoing project management or licensed professional services unless separately contracted.

Why a Written Agreement Matters for Finder Relationships

A clear Bird Dog Consulting Agreement reduces disputes by documenting compensation triggers, scope, and confidentiality in plain terms. It protects both the hiring party and the finder by setting expectations for payment, timelines, and permitted activities.

Why a Written Agreement Matters for Finder Relationships

Who Typically Uses a Bird Dog Consulting Agreement

Common users include independent finders, startup business development teams, real estate scouts, and companies seeking a low-cost lead generation channel.

  • Independent Consultants and Finders: Individuals who source deals or prospects for a one-time or success-based fee.
  • Real Estate Investors: Investors or wholesalers who rely on outside scouts to locate off-market properties.
  • Small Businesses and Startups: Companies that want to expand opportunity pipelines without hiring full-time sales staff.

Use this agreement to document terms, avoid misclassification, and ensure tax and payment obligations are handled correctly.

Core Sections to Include in a Professional Agreement

A robust Bird Dog Consulting Agreement addresses obligations, compensation, payment conditions, term, confidentiality, termination, and dispute resolution to reduce ambiguity and enforce rights.

Scope

Define what qualifies as a lead or opportunity, geographic limits, exclusivity (if any), and the duration of the finder’s engagement to avoid disputes over entitlement.

Compensation

Specify fee type (flat, percentage, tiered), payment timing, calculation method, and whether payment follows closing, funding, or invoice events to ensure clarity.

Payment Trigger

Identify the precise event that triggers payment (e.g., executed purchase agreement, funded loan, or completed sale) and any documentation required to claim the fee.

Confidentiality

Include nondisclosure obligations for proprietary information, lead lists, and customer data; state duration and permitted disclosures to counsel or required authorities.

Non‑circumvention

Prevent the hiring party from bypassing the finder to deal directly with introduced prospects for a specified period after introduction.

Termination

Set out termination rights, survival of payment and confidentiality clauses, and procedures for handling pending leads at termination.

Stepwise Process to Complete and Execute the Agreement

Follow a simple sequence to prepare, confirm, and finalize the agreement so both parties have a clear, enforceable record.

  • 01
    Draft: Populate all fields and define lead criteria.
  • 02
    Review: Have both parties confirm compensation and scope.
  • 03
    Sign: Execute with dated signatures from authorized representatives.
  • 04
    Record: Retain copies for tax, payment, and dispute records.

How Online Completion and Routing Typically Work

Digital workflows streamline preparation, review, signature, and delivery; an audit trail preserves who signed and when for later verification.

  • Upload Document: Add the agreement file to the eSignature platform.
  • Place Fields: Insert signature, date, and text fields where needed.
  • Add Signers: Specify signer emails and signing order.
  • Send and Track: Distribute the envelope and monitor completion.

Common Online Settings for a Bird Dog Agreement Workflow

Configure authentication, signer order, reminders, and retention to match the agreement’s risk profile and recordkeeping needs.

Field Configuration
Signer Authentication Email link or SMS code; choose stronger identity proofing for higher-value deals.
Signing Order Sequential for approval flow or parallel when signature order is not material.
Reminders Automatic nudges at set intervals to reduce turnaround time.
Document Retention Set retention period per corporate records policy and export signed PDF.

Technical Considerations for eSigning and Delivery

Choose an eSignature platform that supports secure signing, audit trails, and your required authentication level.

  • File Formats: PDF or DOCX preferred.
  • Integrations: Work with CRM or storage systems.
  • Security: Audit trail, encryption at rest.

Ensure the selected platform supports required compliance (e.g., ESIGN, UETA) and any industry-specific needs such as HIPAA or enhanced identity proofing.

Key Deadlines and Tax-Related Timeframes to Track

Track payment due dates, reporting obligations, and milestone windows to avoid late fees, 1099 reporting issues, or missed entitlement periods.

Payment Timing:

Pay within agreed days after closing to preserve fee claims.

Lead Disclosure Window:

Document introduction dates to establish entitlement period.

1099-NEC Reporting:

Issue Form 1099-NEC by January 31 for contractor fees.

Record Retention Start:

Retention generally starts at effective date or payment date.

Dispute Notice:

Follow contract notice timelines to preserve rights.

Common Mistakes to Avoid When Preparing This Agreement

  • Vague lead definitions that omit the necessary identifying information, leading to disputed entitlement and delayed payments.
  • Missing or inconsistent party names that complicate enforcement and tax reporting when payee and remittance names differ.
  • Undefined payment triggers such as 'on closing' without specifying which closing event or acceptable proof is required.
  • Failing to address licensing limits in regulated industries, for example real estate broker rules that affect finder compensation legality.

Short List of Immediate Risks and Potential Penalties

Tax Penalties: 1099 penalties apply
Unenforceable Fee: Payee may be unpaid
Misclassification: Worker status risk
Confidentiality Breach: Liability exposure
Regulatory Violation: Industry licensing risk
Recordkeeping Failure: Missing audit trail

Representative eSignature Vendor Comparison for This Agreement

A price and capability snapshot to help evaluate eSignature options for executing Bird Dog Consulting Agreements; signNow is listed first per platform comparison guidance.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About Bird Dog Agreements and eSigning

Answers to common legal, tax, and technical questions encountered when using a Bird Dog Consulting Agreement and executing it electronically.


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