Consultancy Agreements
Whatever the reason for hiring consultants, contractors or freelancers, it is important to ensure that the terms on which you engage them are appropriate and will be effective.
Why document your consultancy agreement?
- Even if nothing is signed or written down, there will still be a binding agreement, and without documentation it will be difficult for you to establish what has been agreed
- If a dispute arises, for instance concerning payment, you will be in a far better position to resolve it if the terms are clear
- Certain matters which must be in writing and comply with particular requirements to be effective include provisions which assign or transfer ownership of intellectual property
How can we help you withConsultancy Agreements?
There are many questions to be considered when entering into a consultancy agreement. Your consultant may make use of materials that infringe other people’s IP rights when carrying out work for you. In the event this happens, you would be liable for any infringement so it is important to ask questions to check that the consultant understands IP.
In terms of the agreement with your consultant, contractor or freelancer, we will ensure you have the following legal protections in place:
- Assignment of ownership of all IP from your consultant to your business
- Appropriate warranties and indemnities to manage the risks of IP infringement
- Confidentiality obligations to ensure any business critical information and know-how shared with your consultant remains confidential
- The consultant may supply personal data under the agreement so the terms must comply with data protection legislation
- By engaging a freelancer without clearly defining the relationship you risk being deemed to have engaged them as an employee, which is a burdensome legal relationship for the employer
- Exclude the possibility that a consultant is regarded as an employee
To speak with one of our expert business solicitors, contact us by calling 0131 478 4724, or complete our online enquiry form to request a call back.
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