The Consulting Agreement Intellectual Property is essential when engaging external consultants who will create, modify, or work with intellectual property during their engagement. This agreement, governed by English and Welsh law, provides comprehensive protection for both parties by clearly defining IP ownership, transfer mechanisms, and usage rights. It includes specific provisions for work product assignment, confidentiality obligations, and licensing terms where applicable. The document is particularly crucial for technology, creative, and research-based consulting engagements where intellectual property is a key deliverable or consideration.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of consulting services to be provided
5. Intellectual Property Rights: Ownership and assignment of IP created during the engagement
6. Payment Terms: Fees, expenses, and payment schedule
7. Confidentiality: Protection of confidential information and trade secrets
8. Term and Termination: Duration and termination provisions
9. Warranties and Indemnities: Guarantees and liability provisions
10. General: Standard boilerplate provisions including governing law, notices, and entire agreement
1. Non-Compete: Restrictions on competitive activities and business relationships
2. Insurance: Required insurance coverage and minimum limits
3. Data Protection: GDPR compliance and data processing obligations
4. Force Majeure: Provisions for unforeseen circumstances preventing performance
5. Change Control: Process for managing changes to services or deliverables
1. Schedule 1 - Services Description: Detailed scope of services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees and payment terms
3. Schedule 3 - Service Levels: Performance metrics and standards
4. Appendix A - IP Assignment Form: Template for formal IP assignment
5. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable
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