This template can be used to formalize the agreement between a business and an expert strategic performance assessment consulting service provider. It outlines the scope of work, fees, and terms of the engagement.
This Agreement is made and entered into as of [Date] by and between:
- [Business Name], a [Business Type] registered in England and Wales with company number [Company Number], having its principal place of business at [Address] (“Client“); and
- [Consultant Name], a [Consultant Type] with address at [Address] (“Consultant“).
WHEREAS, Client desires to engage Consultant to conduct a strategic performance assessment of its operations and provide recommendations for improvement; and
WHEREAS, Consultant is a qualified and experienced professional with expertise in conducting such assessments and providing strategic guidance;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Scope of Services
Consultant shall perform the following services for Client:
- Conduct a comprehensive review of Client’s operations, including its [list specific areas, e.g., financial performance, marketing strategy, operational efficiency, etc.].
- Analyze data and information provided by Client and conduct interviews with key personnel.
- Identify key strengths, weaknesses, opportunities, and threats (SWOT analysis).
- Develop and present a detailed report outlining findings and recommendations for improvement.
- Provide support to Client in implementing recommended actions (optional).
2. Fees and Payment
Client shall pay Consultant a fee of [Amount] for the services described in Section 1. The fee is payable as follows:
- [Payment schedule, e.g., 50% upon signing, 50% upon completion of report].
Travel, accommodation, and other out-of-pocket expenses incurred by Consultant in performing the services shall be reimbursed by Client upon receipt of documented proof.
3. Term and Termination
This Agreement shall commence on the Effective Date and shall remain in effect for a period of [Number] months, unless terminated earlier as provided herein.
Either party may terminate this Agreement for any reason upon [Number] days’ written notice to the other party.
4. Confidentiality
Consultant shall treat all confidential information of Client with the utmost care and shall not disclose such information to any third party without the prior written consent of Client.
5. Intellectual Property
All reports, recommendations, and other materials developed by Consultant in the course of performing the services hereunder shall be the exclusive property of Client.
6. Warranties and Disclaimer
Consultant warrants that it has the necessary qualifications and experience to perform the services described herein. However, Consultant makes no warranty or guarantee as to the outcome of the services or the effectiveness of any recommendations made.
7. Limitation of Liability
Consultant’s liability to Client for any claim arising out of or in connection with this Agreement shall be limited to the total fees paid by Client under this Agreement.
8. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations hereunder due to any cause beyond its reasonable control, including acts of God, war, terrorism, strikes, or natural disasters.
9. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with this Agreement shall be settled by [Specify method of dispute resolution, e.g., arbitration, mediation].
10. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
11. Amendments
This Agreement may be amended only by a writing signed by both parties.
12. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Business Name]
By: [Name and Title]
[Consultant Name]
By: [Name and Title]
Please note: This is a template and should not be considered a substitute for legal advice. You should consult with an attorney to ensure that this Agreement meets your specific needs and complies with all applicable laws.
Additional Considerations:
- You may want to include additional provisions in the Agreement, such as confidentiality obligations for both parties, indemnification clauses, and non-solicitation clauses.
- You should carefully review the fee structure and payment schedule to ensure that it is fair and reasonable for both parties.
- It is important to clearly define the scope of services and the deliverables that Consultant will provide.
- You should make sure that you understand the terms of the termination clause and the limitations of liability.
