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Fill and Sign the Business Consulting Agreement Form

Fill and Sign the Business Consulting Agreement Form

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Agreement to Provide Business Management Consulting Services Agreement made on the ______________ (date) , between _______________________ (Name of Consultant) a corporation organized and existing under the laws of the state of ______________, with its principal office located at ___________________________________ _____________________________________ (street address, city, county, state, zip code) , referred to herein as Consultant , and ___________________________ (Name of Comany) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at ________________________________________________________ ______________________________ (street address, city, county, state, zip code) , referred to herein as Company . 1. Consultation Services By this Agreement, the Company employs the Consultant to perform the following services in accordance with the terms and conditions set forth in this Agreement: The Consultant will consult with the officers and employees of the Company concerning matters relating to the management and organization of the Company , their financial policies, the terms and conditions of employment, and generally any matter arising out of the business affairs of the Company . 2. Term This Agreement will begin _______________ (date ) and will end ________________ (date ) . Either party may cancel this Agreement on ______ (number ) days notice to the other party in writing, by certified mail or personal delivery. 3. Time Devoted by Consultant It is anticipated the Consultant will spend approximately _____ (number ) __________ (days, weeks or months ) in fulfilling its obligations under this contract. The particular amount of time may vary from day to day or week to week. However, the Consultant shall devote a minimum of _____ (number ) hours per month to its duties in accordance with this Agreement. 4. Place Where Services will be rendered The Consultant will perform most services in accordance with this contract at a location of Consultant 's discretion. In addition, the Consultant will perform services on the telephone and at such other places as necessary to perform these services in accordance with this Agreement. 5. Compensation The Consultant will be paid at the rate of $_________ per hour for work performed in accordance with this Agreement. However, the Consultant will be paid at least $_________ per month regardless of the amount of time spent in accordance with this Agreement. The Consultant will submit an itemized statement setting forth the time spent and services rendered, and the Company will pay the Consultant the amounts due as indicated by statements submitted by the Consultant within ______ (number ) days of receipt. 6. Independent Contractor Consultant is an independent contractor and is not an employee, servant, partner or joint venturer of Company . Company shall determine the services to be provided by Consultant , but Consultant shall determine the legal means by which it accomplishes the services in accordance with this Agreement. Company is not responsible for withholding, and shall not withhold or deduct from the commissions FICA or taxes of any kind, unless such withholding becomes legally required. Consultant is not entitled to receive the benefits which employees of Company are entitled to receive and shall not be entitled to workers compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social Security on account of his services to Company . 7. Confidential Information Information furnished by Company to Consultant with respect to the products, services, and their application, installation, and repair that is designated by Company as confidential or proprietary shall be held by Consultant in confidence and used only for the purposes set forth in this Agreement during the term of this Agreement. All such confidential and proprietary information, including all copies of such information, and any other information not specifically designated by Company for release to the public that may come into the possession of Consultant during the term of this Agreement, including all copies of such information, shall be delivered to Company when requested to do so by Company without making or retaining copies or excerpts of such information. 8. Employment of Others Company may from time to time request that the Consultant arrange for the services of others. All costs to the Consultant for those services will be paid by the Company but in no event shall the Consultant employ others without the prior authorization of the Company . 9. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 10. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 11. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________. 12. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 13. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 14. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 15. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 16. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 17. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 18. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. _____________________________ ______________________________ (Name of Company) (Name of Consultant) By:______________________________ By:_____________________________ _________________________ __________________________ (P rinted name & Office in Corporation) (P rinted name & Office in Corporation _________________________ __________________________ (Signature of Officer) (Signature of Officer)

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