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The Consultant Profit Sharing Agreement is designed for use in Australian business contexts where organizations wish to establish performance-based compensation structures with external consultants. This document is particularly relevant when companies seek to align consultant incentives with business success through profit sharing rather than, or in addition to, fixed fees. It addresses key requirements under Australian law, including the Independent Contractors Act 2006, tax legislation, and corporate governance requirements. The agreement includes comprehensive provisions for profit calculation, payment mechanisms, confidentiality, intellectual property protection, and dispute resolution. It is suitable for both long-term consulting arrangements and project-specific engagements where profit sharing is an appropriate compensation model.

1. Parties: Identifies the parties to the agreement, including the company and the consultant

2. Background: Sets out the context of the agreement, including the consultant's role and the company's desire to implement a profit sharing arrangement

3. Definitions and Interpretation: Defines key terms used throughout the agreement, including 'Profit', 'Calculation Period', and 'Share Percentage'

4. Appointment and Term: Details the consultant's appointment, role, and the duration of the agreement

5. Consultant Services: Specifies the services to be provided by the consultant

6. Profit Share Entitlement: Defines the consultant's profit share percentage and entitlement structure

7. Calculation of Profit: Details how profit will be calculated, including relevant accounting principles and adjustments

8. Payment Terms: Specifies when and how profit share payments will be made

9. Accounts and Records: Sets out requirements for maintaining and accessing financial records

10. Consultant's Obligations: Lists the consultant's duties, responsibilities, and performance standards

11. Company's Obligations: Outlines the company's responsibilities and commitments

12. Confidentiality: Protects confidential information of both parties

13. Intellectual Property: Addresses ownership and usage of intellectual property

14. Termination: Specifies circumstances and procedures for ending the agreement

15. Post-Termination: Describes obligations and rights after termination

16. Dispute Resolution: Sets out procedures for resolving disagreements

17. General Provisions: Includes standard legal provisions such as governing law, notices, and assignment