Consulting Agreement
This Consulting Agreement (the "Agreement") is entered into this
[specify date] by and between Travis Drennan dba
www.DrennanInc.com,
PO BOX 388, Phoenix, OR 97535, an individual, ("Consultant") and
[Name of Company] (the "Company").
RECITALS
WHEREAS, the Company is in need of assistance in the Information
Technology, Web Design, Web Marketing; Industry Best Practices, and
General Information Technology Support;
WHEREAS, Consultant has agreed to perform consulting work for the
Company in providing [specify] support and consulting services and
other related activities as directed by the Company;
NOW, THEREFORE, the parties hereby agree as follows:
1. Consultant's Services. Consultant
shall be available and shall provide to the Company professional
consulting services in the area of [specify] support ("Consulting
services") as requested.
2. Consideration.
A. RATE.
In consideration for the Consulting Services to be performed by
Consultant under this Agreement, the Company will pay Consultant at
the rate of [specify rate] per hour for time spent on Consulting
Services. Consultant shall submit written, signed reports of the
time spent performing Consulting Services, itemizing in reasonable
detail the dates on which services were performed, the number of
hours spent on such dates and a brief description of the services
rendered. The Company shall pay Consultant the amounts due pursuant
to submitted reports within 14 days after such reports are received
by the Company.
B. EXPENSES.
Additionally, the Company will pay Consultant for the following
expenses incurred while the Agreement between Consultant and the
Company exists:
- All travel expenses to and from all work sites
- Meal expenses;
- Administrative expenses;
- Lodging Expenses if work demands overnight stays; and
- Miscellaneous travel-related expenses (parking and tolls.
Consultant shall submit written documentation and receipts where
available itemizing the dates on which expenses were incurred. The
Company shall pay Consultant the amounts due pursuant to submitted
reports within 14 days after a report is received by the Company.
C. TIME AND AVAILABILITY. Consultant
will devote _______ hours per month in performing the services for
the Company as stated herein. Consultant
shall have discretion in selecting the dates and times it performs
such consulting services throughout the month giving due regard to
the needs of the Company’s business. If
the Company deems it necessary for the Consultant to provide more
than ________ hours in any month, Consultant is not obligated to
undertake such work until the Consultant and Company have agreed on
a rate of compensation. [The time devoted can be hours per day, per
week, or per year. The
Company may also elect to pay a flat monthly fee regardless of
hours, but the Company should be cautious of this approach.]
3. Independent Contractor.
Nothing herein shall be construed to create an employer-employee
relationship between the Company and Consultant. Consultant is an
independent contractor and not an employee of the Company or any of
its subsidiaries or affiliates. The consideration set forth in
Section 2 shall be the sole consideration due Consultant for the
services rendered hereunder. It is understood that the Company will
not withhold any amounts for payment of taxes from the compensation
of Consultant hereunder. Consultant will not represent to be or hold
herself out as an employee of the Company.
4. Confidentiality.
In the course of performing Consulting Services, the parties
recognize that Consultant may come in contact with or become
familiar with information which the Company or its subsidiaries or
affiliates may consider confidential. This information may include,
but is not limited to, information pertaining to the Company
Information Technology systems, which information may be of value to
a competitor. Consultant agrees to keep all such information
confidential and not to discuss or divulge it to anyone other than
appropriate Company personnel or their designees.
5. Term/Termination.
This Agreement shall terminate automatically upon completion by
Consultant (DrennanInc) of the services required by this Agreement
or by mutual agreement of the two parties. Either party may
terminate this Agreement by giving the other party two weeks written
notice.
6. Notice.
All notices required or permitted under this Agreement shall be in
writing and shall be deemed delivered when delivered in person and
concurrently delivered via e-mail as well as deposited in the United
States mail, postage prepaid, addressed as follows:
1. Notices to Consultant:
DrennanInc
Travis Drennan, President (travisdrennan@gmail.com)
PO Box 388
Phoenix, OR 97535
541-535-1644
2. Notices to the Company: [specify address]
Such address may be changed from time to time by either party by
providing written notice to the other in the manner set forth above.
7. Nonsolicitation.
During the term of this Agreement and for twelve (12) months
thereafter, Consultant will not directly or indirectly solicit,
induce, or attempt to induce any employee or independent contractor
to terminate or breach any employment, contractual, or other
relationship with Company.
8. Arbitration.
Should any dispute arise out of this contractual agreement, both
parties hereto agree to participate in arbitration to resolve the
dispute.
9. Miscellaneous.
9.1 Entire Agreement and Amendments.
This Agreement constitutes the entire agreement of the parties with
regard to the subject matter hereof, and replaces and supersedes all
other agreements or understandings, whether written or oral. No
amendment or extension of the Agreement shall be binding unless in
writing and signed by both parties.
9.2 Binding Effect, Assignment.
This Agreement shall be binding upon and shall inure to the benefit
of Consultant and the Company and to the Company's successors and
assigns. Nothing in this Agreement shall be construed to permit the
assignment by Consultant of any of its rights or obligations
hereunder, and such assignment is expressly prohibited without the
prior written consent of the Company.
9.3 Governing Law, Severability.
This Agreement shall be governed by the laws of the State of Oregon,
Jackson County. The invalidity or unenforceability of any provision
of the Agreement shall not affect the validity or enforceability of
any other provision.
10. Applicable Law.
This Agreement shall be governed by the laws of the State of Oregon.
WHEREFORE, the parties have executed this Agreement as of the date
first written above.
[COMPANY:]
By:
DrennanInc
Travis Drennan, President:
[Date]
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