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Business Development Consulting Agreement
"I need a Business Development Consulting Agreement for engaging a consultant to help expand our technology company into the Asian market, starting March 2025, with specific provisions for protecting our intellectual property and handling client data in multiple jurisdictions."
1. Parties: Identifies and provides full details of the contracting parties - the consultant and the client company
2. Background: Sets out the context of the agreement, including the client's business needs and consultant's expertise
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Term: Establishes the formal appointment of the consultant and the duration of the agreement
5. Scope of Services: Details the specific business development services to be provided by the consultant
6. Consultant's Obligations: Outlines the consultant's duties, responsibilities, and standard of service
7. Client's Obligations: Specifies the client's responsibilities, including provision of information and resources
8. Fees and Payment Terms: Details the consulting fees, payment schedule, expenses, and invoicing process
9. Intellectual Property Rights: Addresses ownership and usage rights of any IP created during the engagement
10. Confidentiality: Defines confidential information and obligations regarding its protection
11. Privacy and Data Protection: Establishes obligations regarding handling of personal and business data
12. Liability and Indemnification: Sets out liability limitations and indemnification obligations of both parties
13. Termination: Specifies circumstances and processes for ending the agreement
14. Post-Termination Obligations: Outlines obligations that survive the end of the agreement
15. General Provisions: Includes standard legal clauses such as notices, governing law, and dispute resolution
1. Non-Competition: Restricts consultant from working with competitors - include when protecting market position is crucial
2. Non-Solicitation: Prevents poaching of employees/clients - use when consultant will have significant contact with key stakeholders
3. Performance Metrics: Establishes KPIs and performance standards - include when success metrics are quantifiable
4. Insurance Requirements: Specifies required insurance coverage - include for high-risk or high-value engagements
5. Subcontracting: Addresses ability to subcontract services - include when consultant may need to delegate work
6. Force Majeure: Covers unforeseeable circumstances - important for long-term or critical service arrangements
7. Change Control Process: Procedure for modifying scope or terms - include for complex or long-term engagements
8. Publicity and Announcements: Controls public communications - include when engagement may be publicly visible
1. Schedule 1 - Services Description: Detailed breakdown of business development services and deliverables
2. Schedule 2 - Fee Structure: Comprehensive fee schedule, including rates, expenses, and payment terms
3. Schedule 3 - Key Personnel: Lists key consultant team members and their roles/responsibilities
4. Schedule 4 - Service Levels: Specific performance standards and metrics if applicable
5. Schedule 5 - Client Materials and Resources: Details of resources to be provided by the client
6. Appendix A - Reporting Requirements: Templates and requirements for progress/performance reporting
7. Appendix B - Compliance Requirements: Specific regulatory or internal compliance requirements
8. Appendix C - Change Request Form: Standard form for requesting changes to services or terms
Authors
Technology
Financial Services
Professional Services
Manufacturing
Retail
Healthcare
Education
Real Estate
Telecommunications
Energy
Mining
Construction
Agriculture
Tourism
Media and Entertainment
Legal
Business Development
Commercial
Sales
Strategy
Operations
Finance
Procurement
Risk Management
Compliance
Chief Executive Officer
Business Development Director
Chief Commercial Officer
Managing Director
Commercial Manager
Business Development Manager
Strategy Director
Growth Manager
Sales Director
Partnership Manager
Legal Counsel
Contract Manager
Procurement Manager
Operations Director
Chief Financial Officer
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