Crafted by legal professionals in Australia, our documents are not only legally sound but also easily customisable to suit your specific requirements. With each purchase, receive a free legal drafting booklet to guide you through the editing process seamlessly.

Online Advertising Agreement

What is included

Between Consultant – Key Employee – Client

Consultancy Agreement  where the client’s details and variables in the contract are contained in a schedule, making it a handy form for use in the field.  The Consultancy Agreement is couched as an offer, accepted by the client providing further instructions or asking the consultant to perform work.

The Schedule allows the consultant to specify work done by hourly rate or fixed fee, and to define the scope of the retainer.

This Consultancy Agreement  includes:-

  • Acceptance of offer
  • Interpretation
  • Engagement of the consultant
  • Term
  • Consultant to employ key employee
  • Remuneration to be paid to the consultant
  • Billing arrangements
  • Interest on unpaid costs
  • Out of pocket expenses
  • Expenses & disbursements
  • Restrictive covenant
  • Confidentiality
  • Termination
  • Retention of documents
  • Disclaimer
  • Governing law.



11 pages long.

Comprehensive Coverage

Ensuring you have everything you need in one place.

Free With Every Purchase

Our legal drafting booklet to guide you through the necessary steps in editing your documents.

Easy Customisation

Each document is designed to be easily editable, allowing you to tailor the agreements to your specific needs without hassle.

Legally Sound

All our documents are crafted by legal professionals and adhere to Australian legal standards, giving you confidence in their validity.



Preview Sample


What is it?

A consultancy agreement between a key employee and a client is a contract that formalizes the relationship between a client and a key employee of a company who provides consulting services. This type of agreement is typically used when a key employee of a company is engaged directly by a client to offer their expertise on a specific project or for a specific period. This arrangement can happen with the consent of the employer or as a separate engagement if the employee is acting as an independent consultant outside their employment.

### Key Elements of a Consultancy Agreement Between a Key Employee and a Client

1. **Parties Involved**:
– Identification of the client and the key employee providing the consulting services, including their contact information.

2. **Scope of Services**:
– Detailed description of the consulting services to be provided by the key employee, including project objectives, tasks, deliverables, and timelines.

3. **Fee Structure**:
– Breakdown of fees, including hourly rates, project fees, or retainer arrangements, and any additional costs (e.g., travel expenses, materials).

4. **Payment Terms**:
– Methods of payment, payment schedules, due dates, and policies regarding late payments or additional expenses.

5. **Confidentiality**:
– Provisions to protect the confidentiality of information shared during the consultancy, including any proprietary or sensitive data.

6. **Intellectual Property**:
– Clauses addressing the ownership and rights to any intellectual property created during the consultancy, ensuring clarity on who retains these rights.

7. **Duration and Termination**:
– The term of the agreement, including start and end dates, and the conditions under which the agreement can be terminated by either party, including notice periods and any associated fees or penalties.

8. **Non-Compete and Non-Solicitation**:
– Clauses that may prevent the key employee from competing with the client or soliciting the client’s employees or customers for a specified period after the agreement ends.

9. **Liability and Indemnity**:
– Clauses limiting the key employee’s liability and indemnifying the key employee against certain claims.

10. **Dispute Resolution**:
– Mechanisms for resolving disputes, such as mediation or arbitration, and the governing law and jurisdiction.

What are the benefits?


### Benefits of a Consultancy Agreement Between a Key Employee and a Client

1. **Clear Expectations**:
– **Defined Roles**: Clearly outlines the scope of services and expectations, ensuring both the key employee and the client understand their responsibilities.
– **Deliverables**: Specifies deliverables and timelines, providing a clear framework for the consulting engagement.

2. **Professionalism and Credibility**:
– **Formalisation**: Establishes a formal relationship, enhancing the professional standing of the key employee and the perceived value of their services.
– **Accountability**: Holds the key employee accountable for delivering the agreed-upon services, ensuring consistent quality.

3. **Confidentiality and IP Protection**:
– **Safeguards**: Protects sensitive information and intellectual property through confidentiality and IP clauses, fostering a trusting environment.

4. **Legal Protection**:
– **Binding Contract**: Serves as a legally binding document that protects the interests of both parties in case of disputes.
– **Risk Management**: Includes clauses that limit liability and manage risks associated with the consulting engagement.

5. **Financial Security**:
– **Payment Terms**: Clearly defined payment terms ensure timely compensation for the key employee’s services.

6. **Flexibility**:
– **Customizable Terms**: Allows for the customization of services to meet the specific needs of the client, which can be clearly outlined in the agreement.
– **Adaptability**: Can be adjusted to reflect changes in the consulting relationship, such as extending the duration or modifying the scope of services.

### Considerations and Challenges

1. **Conflict of Interest**:
– **Employer Consent**: If the key employee is still employed, it’s crucial to have the employer’s consent to avoid conflicts of interest or breaches of employment contracts.
– **Alignment of Interests**: Ensuring that the interests of the key employee, client, and employer (if applicable) are aligned.

2. **Non-Compete and Non-Solicitation Clauses**:
– **Restrictions**: These clauses need to be carefully crafted to protect the interests of the client without unduly restricting the key employee’s future opportunities.

3. **Legal and Tax Implications**:
– **Compliance**: Ensuring the agreement complies with relevant legal and tax regulations to avoid potential liabilities.

### Example Scenario

A key employee in a technology company, who specializes in cybersecurity, is approached by a client to provide consulting services on a new security protocol implementation. The employee’s company agrees to the arrangement, allowing the employee to engage with the client directly. A consultancy agreement is drafted, specifying the services to be provided, the fee structure (e.g., $200 per hour), confidentiality clauses, IP rights, and the duration of the project (three months). The agreement includes a non-compete clause preventing the employee from providing similar services to the client’s direct competitors for six months after the project ends.

### Conclusion

A consultancy agreement between a key employee and a client formalizes the consulting relationship, ensuring clarity, professionalism, and legal protection. By clearly defining the terms of engagement, such agreements help both the key employee and the client align their expectations, facilitating a productive and positive consulting experience. This arrangement can be particularly beneficial when handled with the consent of the key employee’s employer, ensuring all parties benefit from the engagement.

About us

Established since 2015, Precedents Online leads the industry with a diverse collection of over 300 legal templates. Our legal documents, meticulously crafted by practicing Solicitors and renowned legal authors, provide you with the precise solutions you seek. Step into a world where legal paperwork is made easy .

Eric Kalde is the author of over 300 +  practice guides published through the leading Australian legal publishers Precedents Online.
Lawyers all over Australia rely on Eric Kalde’s precedents and practice guides in their legal practice.
Free Legal Drafting Handbook

Precedents Online, helping you draft like a pro! Receive a free handbook with any purchase of our customisable legal document templates.  Start drafting with confidence using our expertly crafted precedents with our bonus guidebook.

Choose Your Template