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Owner Consultant Agreement for India

Owner Consultant Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes a professional relationship between an owner (individual or organization) and a consultant. The document outlines the scope of consultancy services, deliverables, payment terms, confidentiality obligations, and other essential terms and conditions. It incorporates relevant provisions from the Indian Contract Act, 1872, and other applicable Indian legislation, ensuring compliance with local legal requirements while protecting both parties' interests. The agreement includes detailed sections on intellectual property rights, liability limitations, dispute resolution mechanisms, and termination procedures.

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What is a Owner Consultant Agreement?

The Owner Consultant Agreement is a essential legal instrument used in the Indian business environment when engaging professional consultancy services. This document is particularly relevant when a business or property owner requires specialized expertise or advisory services for specific projects or ongoing operations. The agreement, governed by Indian law, specifically the Indian Contract Act, 1872, and related legislation, provides a comprehensive framework for the consulting relationship. It typically includes detailed provisions for scope of work, payment terms, deliverables, timelines, confidentiality, intellectual property rights, and dispute resolution mechanisms. The document is designed to protect both parties' interests while ensuring clarity in their professional relationship and compliance with Indian legal requirements. It's commonly used across various sectors from real estate and construction to IT and management consulting, and can be customized based on the specific nature of the consultancy services required.

What sections should be included in a Owner Consultant Agreement?

1. Parties: Identifies and provides full details of the Owner and the Consultant, including their registered addresses and legal status

2. Background: Outlines the context of the agreement, including the Owner's requirements and Consultant's expertise

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation

4. Scope of Services: Detailed description of the consultancy services to be provided, including deliverables and objectives

5. Term and Timeline: Duration of the agreement and key milestone dates for service delivery

6. Consultant's Obligations: Detailed responsibilities and commitments of the Consultant, including quality standards and professional conduct

7. Owner's Obligations: Responsibilities of the Owner, including providing necessary information and access

8. Fees and Payment Terms: Compensation structure, payment schedule, expenses, and invoicing procedures

9. Intellectual Property Rights: Ownership and rights related to work products, pre-existing IP, and created materials

10. Confidentiality: Obligations regarding confidential information protection and permitted disclosures

11. Representations and Warranties: Statements of fact and promises made by both parties regarding their capacity and capabilities

12. Limitation of Liability: Caps on liability and exclusions of certain types of damages

13. Termination: Conditions and procedures for ending the agreement, including notice periods and consequences

14. Dispute Resolution: Process for resolving disagreements, including arbitration procedures

15. General Provisions: Standard legal clauses including notices, assignment, severability, and entire agreement

What sections are optional to include in a Owner Consultant Agreement?

1. Insurance: Required when specific insurance coverage needs to be maintained by either party

2. Force Majeure: Included when parties want to address unforeseeable circumstances preventing performance

3. Non-Compete: Added when restricting the Consultant's ability to work with competitors is necessary

4. Data Protection: Required when personal data processing is involved in the services

5. Compliance with Laws: Detailed section needed when specific regulatory compliance is crucial

6. Performance Metrics: Include when specific KPIs or performance standards need to be met

7. Training and Knowledge Transfer: Required when the Consultant needs to train Owner's staff

8. Subcontracting: Include when the Consultant may need to engage subcontractors

9. Change Control: Added for projects where scope changes are likely to occur

What schedules should be included in a Owner Consultant Agreement?

1. Schedule A - Scope of Services: Detailed breakdown of services, deliverables, and methodology

2. Schedule B - Fee Schedule: Detailed fee structure, rates, and payment milestones

3. Schedule C - Timeline and Milestones: Detailed project schedule with specific deadlines and deliverable dates

4. Schedule D - Key Personnel: List of key team members and their roles from both parties

5. Schedule E - Service Levels: Specific performance metrics and service level requirements

6. Appendix 1 - Required Documentation: List of documents to be provided by Owner or maintained by Consultant

7. Appendix 2 - Communication Protocol: Procedures for project communications and reporting

8. Appendix 3 - Quality Standards: Specific quality requirements and standards to be followed

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

India

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions








































Clauses









































Relevant Industries

Real Estate

Construction

Information Technology

Management Consulting

Engineering

Healthcare

Education

Financial Services

Manufacturing

Infrastructure Development

Business Services

Retail

Hospitality

Energy

Environmental Services

Relevant Teams

Legal

Procurement

Operations

Project Management

Business Development

Compliance

Risk Management

Finance

Human Resources

Facilities Management

Contract Administration

Strategic Planning

Relevant Roles

Chief Executive Officer

Managing Director

Project Manager

Legal Counsel

Contract Manager

Business Owner

Operations Director

Procurement Manager

Property Manager

Facility Manager

Business Development Manager

Human Resources Director

Financial Controller

Risk Manager

Compliance Officer

Industries










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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