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When entering into a business relationship, it is important to ensure that all parties are clear about their roles, responsibilities, and obligations. This is especially true when it comes to agency and consultancy agreements. As solicitors specialsing in these areas, we understand the intricacies involved in drafting and negotiating such agreements to protect the interests of our clients. Our team has extensive experience in representing both agents and principals, and we work diligently to ensure that the final agreement is fair, enforceable, and conducive to achieving the desired outcomes. Whether you are seeking to engage an agency or consultancy, or are looking to represent a client, our team is here to help you navigate the legal complexities of agency and consultancy agreements.
A consultancy agreement is a contract for services between a company and a self-employed individual for the provision of consultancy services. A consultancy agreement can be useful to a company who has a limited need for a certain service, with specific expertise and/or skills that a self-employed consultant can provide, without engaging in an employment relationship.
An agency agreement is a contract between one person (the agent) and another individual/company (the principal), where the agent is authorised to act on the principal’s behalf. The agreement itself will outline the terms and conditions surrounding the relationship between the parties.
Agents and consultants can offer a valuable and flexible source of expertise and experience. However, your business relationship with them needs to be effectively governed; a well-drafted agreement will seek to prevent an unintended employment relationship being created and protect you and your business from falling foul of a variety of relevant legislation including tax and anti-competitive laws.
Our expert lawyers are able to assist in both drafting and updating consultancy and agency agreements. Whether you are a consultant, agent or company looking to engage a consultant or agent, we can work with you to ensure that the agreements governing the relationship are suitable and clear.
Deputy Managing Partner
Please find below some FAQs regarding Agency & Consultancy Agreements
Some standard terms include duration of the contract, a clear description of the services that the consultant will supply, terms of payment, confidentiality obligations, ownership of intellectual property and termination. Our lawyers can also advise you of any additional terms that may be suitable.
An exclusive agreement is where the principal agrees that they will not appoint another agent in the agreed geographical area for the same services. A non-exclusive agreement means that the principal can engage other agents for the same purposes and in the same area.
Standard terms include the duties and responsibilities of both parties, the geographical area in which the agent will work, payment terms, clarification on whether the agent will have exclusive or non-exclusive rights, confidentiality obligations, ownership of intellectual property, what level of authority is given, duration of the agreement and how it can be terminated.
Please submit your information and a member of the Poole Alcock team will respond to you as soon as possible. If you have a quick question, please feel free to call 0800 470 0334.
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