Our upcoming intensive half-day seminars on consulting contracts are another opportunity to ensure that you are not alone and that your colleagues are learning about their experience of contract negotiations. There are places available to participate: „Other advisors have no problem with this clause.“ You know that the client`s assertion could bend the truth a little or that those „other advisors“ who accepted the contract could have done so lightly, without seeking advice or reluctantly under heavy commercial pressure. The consultation agreement contains confidentiality provisions. These conditions prevent a consultant from disclosing sensitive material about the customer or company for a specified period of time, such as Z.B. Business Secrets, Customer Lists, Marketing Campaigns and more. These contracts also avoid unduly burdensome obligations that tend to violate the „accepted disclaimers“ that are usually found in professional liability insurance, such as unqualified guarantees, guarantees and general benefits. This means that the professional obligations of the advisor in these contracts are usually part of an advisor`s professional liability insurance. (Although there is obviously no replacement for verification with your broker in case of atypical provisions within your own policy.) AS 4904 is designed to be used in innovative projects. This is a more aggressive contract than AS 4122 and contains several guarantees, compensation and other clauses that violate common exclusions in the professional liability policy of consultants. Some common problem clauses are highlighted in the practical guide 4904-2009. Instead of negotiating amendments, consultants may prefer to use AS 4122 and allow lawyers to add an innovation clause and an act. It also deals with non-competition and non-competition conditions, preventing the consultant from unduly competing or requesting transactions from the client.
With the abbreviated form agreement recently published by the Association of Consulting Architects, this is a good opportunity to summarize some of the options available for pro forma consulting agreements that you can use. In general, the consulting contract concerns whether the ownership rights of the product or service provided by the advisor are retained by the client or whether they remain with the advisor after the consultant is concluded. All of the above contracts contain „limitation of liability“ clauses. Example: paragraph 29 of AS4122. The courts have sometimes upheld these clauses and have not held negligent consultants liable for an error, solely because of one of these clauses. You are a great protection for consultants, with two reservations: AS 4122-2010, in particular, contains no guarantees, waiver of proportionate liability rights or any requirement for the advisor to provide certificates. While some clients are in the habit of including these clauses in their contracts, none of them can really be considered a „standard“ provision in the sense that it is willingly supported throughout the industry. An advisor can use an agreement to protect their interests and ensure that they are paid by the client by establishing a written agreement on the services provided. The state of innovation is listed in Appendix Part D (and appears in a form very similar to that of Appendix E of Part E of LA 4300-1995). What sets it apart from the average innovation act, designed by the customer, is that it is half a page long, without the additional risks, such as limited termination rights or reporting obligations on innovation, not exist. In particular, the outgoing party (the client) and the continuing party (the counselor) properly separate their relationship by giving each other a complete exemption from liability.