The Success Fee Consulting Agreement is utilized when parties wish to align compensation with specific performance outcomes. This document, governed by English and Welsh law, is particularly relevant in scenarios where consultants are engaged in projects with measurable success criteria, such as business sales, fundraising, or performance improvement initiatives. The agreement typically includes detailed success metrics, payment triggers, and protection mechanisms for both parties, ensuring clarity in fee calculations and payment obligations while maintaining compliance with UK regulatory requirements.
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1. Parties: Identification and details of the consultant and client
2. Background: Context of the agreement and brief description of the consulting services
3. Definitions: Key terms used throughout the agreement, including definition of 'Success'
4. Scope of Services: Detailed description of consulting services to be provided
5. Success Fee Structure: Calculation method, triggers, and payment terms for success fees
6. Term and Termination: Duration of agreement and circumstances for termination
7. Confidentiality: Protection of confidential information and trade secrets
8. Intellectual Property: Ownership and rights to work products and pre-existing IP
9. Liability and Indemnification: Limitation of liability and indemnification provisions
10. Governing Law: Specification of English and Welsh law as governing law
1. Non-Compete: Restrictions on competitive activities when protecting against competitive threats
2. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term or high-value agreements
3. Insurance: Required insurance coverage provisions for high-risk or regulated services
4. Data Protection: GDPR compliance provisions when personal data processing is involved
5. Anti-Bribery: Compliance with anti-corruption laws for public sector or international work
1. Service Description Schedule: Detailed scope of services and deliverables
2. Success Metrics Schedule: Detailed criteria for success and fee calculations
3. Fee Schedule: Detailed breakdown of success fee structure and calculations
4. Key Personnel Schedule: List of key consultant personnel assigned to the project
5. Timeline Schedule: Project milestones and deadlines
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