Business Plan Template iPlan PRO 2024

Business Plan Template iPlan PRO 2024

This Business Plan Engagement Agreement ("Agreement") is made effective as of Effective Date: by and between Client Name: , Client Address: , and Consultant Name: , Consultant Address: .

WHEREAS

WHEREAS, Client desires to engage Consultant to prepare a comprehensive business plan, financial projections, and supporting materials for Client's proposed business activities (the "Services"); and

WHEREAS, Consultant represents that it possesses the professional skills, experience, and personnel necessary to perform the Services described herein and is willing to provide such Services pursuant to the terms and conditions of this Agreement; and

WHEREAS, the parties wish to set forth their respective rights and obligations in writing.

SCOPE OF WORK

PAYMENT TERMS

All fees are payable in US Dollars unless otherwise agreed in writing. Any out-of-pocket expenses reasonably incurred by Consultant in performance of the Services (travel, third-party reports, licenses) shall be invoiced to Client with supporting documentation and payable under the same terms as fees.

TERM AND TERMINATION

Term Commencement: . Expected Term Completion: .

Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within the Notice Period above after receipt of written notice. Termination by Client without cause prior to completion shall require payment to Consultant for work performed and non‑recoverable costs through the effective termination date.

CONFIDENTIALITY

Each party acknowledges that it may receive Confidential Information of the other party. "Confidential Information" means non-public business, technical or financial information disclosed in connection with the Services. Each party shall: (a) use Confidential Information solely to perform its obligations under this Agreement; (b) protect Confidential Information with at least the same degree of care it uses to protect its own confidential information but in no event less than reasonable care; and (c) not disclose Confidential Information to any third party except as necessary to perform the Services or as required by law.

Exceptions: Confidential Information does not include information that is or becomes publicly available without breach, was lawfully in the receiving party's possession prior to disclosure, is independently developed, or is rightfully received from a third party without confidentiality obligations.

INTELLECTUAL PROPERTY

Consultant shall retain ownership of Consultant's pre-existing intellectual property and general methodologies. Subject to full payment of all fees and expenses due hereunder, Consultant assigns to Client all right, title and interest in the final deliverables created specifically for Client under this Agreement. Consultant may retain copies of deliverables for its business records and portfolio, provided no Confidential Information of Client is disclosed.

LIMITATION OF LIABILITY

EXCEPT FOR LIABILITY ARISING FROM A BREACH OF CONFIDENTIALITY OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CLIENT TO CONSULTANT UNDER THIS AGREEMENT. NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to principles of conflicts of law. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in that state.

ENTIRE AGREEMENT

This Agreement, including all appendices and executed statements of work incorporated by reference, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, proposals or communications, whether written or oral. Any modification or waiver must be in writing and signed by both parties.

MISCELLANEOUS

Independent Contractor. Consultant is an independent contractor and nothing in this Agreement creates an employment, agency, joint venture, or partnership relationship. Consultant shall be solely responsible for all taxes and benefits applicable to its personnel.

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