Freelance Template
Free Consulting Agreement Template
A consulting agreement establishes the terms for advisory services between a consultant and client.
Template
Copy this markdown, replace the {{variables}}, and send via API.
# Consulting Agreement
**Consultant:** {{consultantName}}
**Client:** {{clientName}}
**Date:** {{date}}
## Engagement
{{engagementDescription}}
## Fees
- Rate: {{rate}} per {{billingUnit}}
- Expenses: {{expensePolicy}}
- Payment terms: {{paymentTerms}}
## Term
{{startDate}} to {{endDate}}, renewable by mutual agreement.
## Confidentiality
Consultant shall maintain strict confidentiality of Client's proprietary information.
## Independent Contractor
Consultant is an independent contractor, not an employee.Send for e-signature
curl -X POST https://signb.ee/api/send \
-H "Authorization: Bearer YOUR_API_KEY" \
-H "Content-Type: application/json" \
-d '{
"content": "YOUR_RENDERED_MARKDOWN",
"senderName": "Your Name",
"senderEmail": "you@company.com",
"recipientName": "Recipient",
"recipientEmail": "recipient@email.com"
}'What happens next
- Signbee converts the markdown to a professional PDF
- Recipient gets an email with a signing link
- Both parties sign with an animated handwriting signature
- Both receive the signed PDF with a SHA-256 certificate
All signatures are legally binding under the ESIGN Act, eIDAS, and ECA.
More details
A consulting agreement is the professional foundation for advisory engagements. Unlike a freelance service agreement (which typically involves producing deliverables), a consulting agreement centres on providing expertise, advice, and strategic guidance.
Consulting agreement vs freelance agreement — when to use which: - Consulting agreement: Advisory work, strategy, process improvement, audits, training. The consultant provides expertise; the client implements. - Freelance agreement: Deliverable-based work — designs, code, writing, video. The freelancer produces tangible outputs. - Hybrid: Many engagements involve both — consulting on strategy and then executing the work. Use a consulting agreement with a deliverables appendix.
Critical clauses for consultants: 1. Independent contractor status — This is the most important clause. Without it, the client may argue the consultant is an employee, triggering tax obligations, benefits requirements, and employment law protections. Specify that the consultant controls how and when they work, uses their own tools, and can work for other clients. 2. Expense reimbursement — Travel, software, and third-party costs should be pre-approved and reimbursed separately from fees. Define the approval process and reimbursement timeline. 3. Intellectual property — Consulting IP is nuanced. Pre-existing IP (frameworks, methodologies the consultant brings) should remain the consultant's property. New IP created specifically for the engagement can transfer to the client. 4. Conflict of interest — Can the consultant work for the client's competitors simultaneously? Address this directly to avoid surprises. 5. Liability cap — Consultants should cap liability at fees paid under the agreement. Never accept unlimited liability for advisory work. 6. Confidentiality — Mutual: the consultant protects client information, and the client protects the consultant's methodologies and pricing.
Billing structures for consultants: - Hourly: Standard for variable-scope engagements. Track and report hours transparently. - Daily rate: Common in management consulting. Simplifies billing and avoids hour-tracking friction. - Project fee: Fixed price for defined engagements. Requires clear scope to avoid underpricing. - Success fee: Payment tied to outcomes (e.g., percentage of cost savings). High risk, high reward. - Retainer: Monthly fee for ongoing advisory access. Best for long-term strategic relationships.
Frequently asked questions
What is the difference between a consulting agreement and an employment contract?
A consulting agreement is for independent contractors who control their own work methods, use their own tools, and can serve multiple clients. An employment contract is for employees under the company's direction. Misclassifying employees as consultants has serious legal and tax consequences.
Should a consulting agreement include a non-compete clause?
It depends. Non-competes restrict consultants from working for competitors and are often unreasonable for independent advisors. If the client insists, negotiate a narrow scope (specific competitors only), short duration (6-12 months), and fair compensation for the restriction.
Can consulting agreements be signed electronically?
Yes. Consulting agreements are fully valid with electronic signatures under ESIGN (US), eIDAS (EU), and ECA (UK). Sign before the engagement starts to protect both parties.
Related resources
Send this template for signing — free, no credit card.