Consultancy Agreement
Agreement for independent consultants covering scope, fees, expenses, and IP.
Content guidance reviewed for accuracy. This template is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer in your jurisdiction before signing.
What is a consultancy agreement — and why each clause matters
A consultancy agreement is the contract that turns an external expert's advice into legally protected work. It governs the relationship between an independent consultant — engaged for their specialist judgement, not their time — and the client paying for the engagement. Done well, it pins down what is being delivered, who owns the resulting work product, how the consultant is paid, and how either side can walk away cleanly.
Most consultancy disputes come from things the contract did not address: scope creep, ownership of pre-existing IP, the boundary between consultant and disguised employee, and what happens to confidential information after the engagement ends. A well-drafted agreement does more than describe the services — it pre-empts the friction points that surface six months in.
When to use this template
What's included
Engaging an independent consultant (sole trader, freelancer, or consultancy company) for a defined piece of advisory or specialist work — strategy reviews, technical audits, marketing audits, regulatory analysis, project oversight, or any expert engagement where the consultant brings judgement an employee could not.
When to use this template
Employees, agency-supplied temporary workers, fixed-hours roles where the client directs day-to-day how the work is done, or high-stakes engagements involving the transfer of regulated intellectual property (patents, registered designs). Those situations need bespoke drafting or specialist advice.
Clause-by-clause guidance
Engagement & Services
Defines the scope of work and the deliverables. Ambiguity here is the single largest cause of consultancy disputes — be specific about what is in and out of scope, and how change-requests are priced.
Fees and Expenses
Sets the fee model (day-rate, fixed-fee, milestone), payment schedule, late-payment interest, and which expenses are reimbursable. EU late-payment legislation (Directive 2011/7/EU) gives the consultant statutory interest if the client pays late — even if the contract is silent.
Intellectual Property
Allocates ownership of the work product. By default, the consultant owns what they create — the client must take an assignment or a licence. Pre-existing materials (the consultant's prior frameworks, code, methodologies) should stay with the consultant and be licensed for the project.
Confidentiality
Covers both directions: the consultant's access to the client's confidential information, and the client's exposure to the consultant's methods. Survival periods of 2–5 years after termination are standard for commercial information.
Status
Confirms that the consultant is engaged on a self-employed basis and not as an employee, worker, or agent of the client. This matters for tax (PAYE, social security), VAT, and employment-law claims — particularly in the UK (IR35), Germany (Scheinselbständigkeit), and Spain (falso autónomo).
Termination
Notice periods, immediate-termination triggers, payment for work-in-progress at termination, and any post-termination obligations (return of materials, ongoing confidentiality).
What's included
Frequently asked questions
Need more than a template?
If your engagement is high-value, cross-border, or already disputed, Akordans' AI-powered services give you professional-grade protection.