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Fixed Fee Consulting Agreement for the United Kingdom

Fixed Fee Consulting Agreement Template for England and Wales

A Fixed Fee Consulting Agreement is a legally binding contract under English and Welsh law that establishes the terms and conditions for professional consulting services provided at a predetermined fixed fee. The agreement outlines the scope of services, deliverables, payment terms, and responsibilities of both parties, while ensuring compliance with UK legislation including data protection, intellectual property rights, and professional services regulations.

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What is a Fixed Fee Consulting Agreement?

The Fixed Fee Consulting Agreement is essential for businesses and consultants operating in England and Wales who wish to establish clear terms for professional services with predetermined costs. This document is particularly valuable when parties want to avoid the uncertainty of time-based billing and prefer a fixed-price arrangement. The agreement encompasses crucial elements such as scope definition, payment structure, intellectual property rights, confidentiality provisions, and liability limitations, while ensuring compliance with UK regulatory requirements and professional standards.

What sections should be included in a Fixed Fee Consulting Agreement?

1. Parties: Identification and details of the consultant and client

2. Background: Context of the agreement and brief description of the services

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of consulting services to be provided

5. Fees and Payment: Fixed fee amount, payment schedule, and payment terms

6. Term and Termination: Duration of agreement and termination provisions

7. Confidentiality: Protection of confidential information

8. Intellectual Property: Ownership and rights to work product

9. Liability and Indemnification: Limitation of liability and indemnification provisions

10. Governing Law: Specification of English and Welsh law as governing law

What sections are optional to include in a Fixed Fee Consulting Agreement?

1. Non-Compete: Restrictions on competitive activities - include when protecting business interests from competition is crucial

2. Insurance: Insurance requirements for consultant - include when specific insurance coverage is required

3. Data Protection: GDPR compliance provisions - include when personal data processing is involved

4. Force Majeure: Provisions for unforeseeable circumstances - include when long-term or high-value services are involved

5. Assignment: Rights to assign the agreement - include when transfer of rights might be needed

What schedules should be included in a Fixed Fee Consulting Agreement?

1. Schedule 1 - Services Description: Detailed scope of services and deliverables

2. Schedule 2 - Fee Schedule: Breakdown of fees and payment milestones

3. Schedule 3 - Service Levels: Performance metrics and standards

4. Appendix A - Project Timeline: Detailed project timeline and milestones

5. Appendix B - Key Personnel: List of key personnel involved in service delivery

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions

























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Industries

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of a contract. Essential for determining who can enforce rights under the consulting agreement.

Supply of Goods and Services Act 1982: Sets out implied terms for contracts involving services, including that services must be carried out with reasonable care and skill.

Consumer Rights Act 2015: Relevant if consulting with individuals rather than businesses. Provides consumer protection and mandatory terms.

Unfair Contract Terms Act 1977: Regulates exclusion and limitation clauses in contracts, determining which liability limitations are enforceable.

Late Payment of Commercial Debts (Interest) Act 1998: Provides for statutory interest on late payments in commercial transactions.

Employment Rights Act 1996: Important for ensuring the agreement doesn't inadvertently create an employment relationship.

IR35 Legislation: Tax legislation affecting contractors and consultants, determining employment status for tax purposes.

Agency Workers Regulations 2010: May be relevant if the consultant is engaged through an agency, protecting workers' rights.

UK GDPR: Governs the processing of personal data and mandatory data protection requirements.

Data Protection Act 2018: UK's implementation of data protection requirements, working alongside UK GDPR.

Copyright, Designs and Patents Act 1988: Crucial for intellectual property provisions, especially regarding work created during the consultation.

Trade Marks Act 1994: Relevant for protecting and using trademarks in the course of consulting work.

Competition Act 1998: Ensures the agreement doesn't contain anti-competitive provisions.

Enterprise Act 2002: Additional competition law considerations, particularly for larger consulting arrangements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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