Consulting Agreement

A Consulting Agreement is used by a consultant for the provision of consulting services rendered in favor of another called the client. Consulting services refer to a kind of service where the consultant assists the client by giving advisory opinions or guidance to enable the client to navigate a certain business or industry. This agreement may refer to the financial industry, human resources, marketing, and advertising, or any other business or industry.

To illustrate, if the client wants to develop an application or software providing financial technology products or services, he can avail the consulting services of an expert in the fin-tech industry to help him navigate the challenges posed by the said industry.

With a Consulting Agreement, the parties can lay down the parameters of their relationship as consultant and client, and delineate what is expected from each other. This agreement specifically provides what are the rights and obligations of the parties and the specific consulting services that will be provided by the consultant.

This agreement specifically applies to consulting services and is not applicable to an employer-employee relationship, for this purpose, an Employment Contract should be used. Further, the parties can use a Coaching Agreement if the relationship will be more of a coach-and-coachee relationship. A coaching agreement and a consulting agreement are differentiated through the following points:

• A coach assists the coachee in reaching a specific goal, while a consultant assists the client in learning or navigating a specific skill or technical knowledge.
• A coach has a more holistic approach in terms of how he wants the coachee to achieve specific goals, while a consultant addresses specific points in the client's business or affairs.
• A coach develops a coachee in a certain field, while a consultant assists the client in solving problems generally in a technical manner with the consultant's expertise in a certain field.

How to use this document

The following information should be provided if applicable to complete the document:

• Information concerning the identity of the parties,
• The specific consulting services that will be rendered by the consultant,
• The objectives of the client in availing the consulting services,
• An option to lay down the rules or policies by which the consultant is bound.
• The location where the services will be rendered,
• An option to require the consultant to maintain an insurance coverage,
• The party who will own the output arising out of the consulting services,
• An option to oblige the client to maintain the confidentiality of confidential information,
• The fees for the services rendered and
• Option to provide the causes for termination of the agreement,
• The term or duration of the agreement.

If the document will be acknowledged, the parties (or their respective representatives) should present themselves before a notary public with all the original copies of the document and their attachments. The parties (or their respective representatives) should also bring a competent form of identification, such as a passport or driver's license.

If the document is acknowledged, the notary public will keep one original copy of the document. Both parties should each keep a copy of the document for their records.

Applicable law

Consulting agreements are governed by the Civil Code of the Philippines. The 2004 Rules on Notarial Practice is also applicable if the document will be acknowledged before a notary public.

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