CONSULTING AGREEMENT
PARTIES
This Service Contract Agreement (hereinafter referred to as the “Agreement”) is entered into on ___________ (the “Effective Date”), by and between PERSONA Consulting Group, LLC (hereinafter referred to as the “Consultant”), and __________________, (hereinafter referred to as the “Client”) (collectively referred to as the “Parties” and individually as a party).
THE AGREEMENT
The Parties agree that the Consultant will provide the services described hereunder, whereas the Client will in return provide compensation for such services and expertise.
THE SERVICE
The Consultant provides reporting services for Clients in courts, including but not limited to court appearances, chamber conferences, attorney communication and court communication. Additionally, the Consultant deals in progress letters and completion report for Clients in need of such services.
The Consultant will be working directly with the Client staff and will be the conduit between the court (attorney and courts personnel) and the Client in such matters.
CLIENT OBLIATIONS
The Client agrees to provide all relevant documents and information necessary for Consultant to fulfill the duties stipulated in this agreement.
Client understands that Consultant does not exclusively work with Client and Consultant represents and advises other clients. However, the Consultant shall exhibit confidentiality in all matters and professionalism while dealing with the Clients.
RETAINER FEE
The Client shall give a non-refundable fee of _______ to the Consultant in accordance with the terms of this agreement.
Consultant will provide services at the hourly rate of $____ that will be charged to the retainer in this Agreement. If the retainer reaches a balance of $____ the Client understands an additional deposit that is refundable and subject to invoicing, will be made by the Client to equal the original retainer balance of $_______.
The services will be limited to only what is listed in this agreement, any other services requested by the Client will be at an additional cost and/or an amendment to this Agreement. Both Parties agree that an amendment will be made in writing with signatures from both Parties. Any other costs will be listed as expenses in this agreement unless attached as an amendment.
The Client is required to pay in full upon signing this contract.
The Parties agree that payments are to be made via CHECK or ELECTRONIC FUNDS to the Consultant after receipt of this Agreement.
EXPENSES
The Consultant is entitled to reimbursement for all the reasonable and necessary expenses that have arisen when providing services to the Client.
The Client is required to pre-approve all the expenses over $100.00
The Consultant shall provide proof and/or receipt for all the expenses incurred.
TERM
This Agreement shall be effective on the date of signing this Agreement (hereinafter referred to as the “Effective Date”) and will end on _________________________
TERMINATION
This Agreement may be terminated at any time by both Parties.
Either Party to this Agreement may terminate this Agreement upon a ______________ day’s written notice of termination to the other Party.
Unless otherwise mutually agreed to in writing, upon the termination of this Agreement, any arrangement tied to this agreement then in effect will immediately terminate.
RELATIONSHIP BETWEEN THE PARTIES
The Parties agree that the Consultant in this Agreement is an independent contractor where the Consultant provides the services hereunder and acts as an independent contractor.
Under no circumstances shall the Consultant be held responsible for the outcome in any case or any situations that arise from the Client’s treatment episode.
This Agreement does not create any partnership between the Parties.
EXCLUSIVITY
The Parties agree and understand that this Agreement is not exclusive and that the Parties are entitled to enter into other similar agreements with other parties.
OWNERSHIP
The Parties agree that all work created by the Consultant while performing the services herein remains the property of the Consultant.
CONFIDENTIALITY
For purposes of this Agreement, “Confidential Information” shall mean information or material proprietary to a Party or designated as confidential by such Party (the “Disclosing Party”), as well as information about which a Party (the “Receiving Party”) obtains knowledge or access, through or as a result of this Agreement. Confidential Information does not include:
Information that is or becomes publicly known without restriction and without breach of this Contract or that is generally employed by the trade at or after the time the Receiving Party first learns of such information;
Generic information or knowledge which the Receiving Party would have learned in the course of similar employment, interaction or work elsewhere in the trade;
Information the Receiving Party lawfully receives from a third party without restriction on disclosure and without breach of a non-disclosure obligation;
information the Receiving Party rightfully knew prior to receiving such information from the Disclosing Party to the extent such knowledge was not subject to restrictions on further disclosure; or
Information the Receiving Party develops independent of any information originating from the Disclosing Party.
The Parties hereby agree that during the term hereof and at all times thereafter, and except as specifically permitted herein or in a separate writing signed by the Disclosing Party, the Receiving Party shall not use, commercialize or disclose Confidential Information to any person or entity. At any time upon the request of the Disclosing Party, the Receiving Party shall return to the Disclosing Party all Confidential Information, including all notes, data, reference materials, sketches, drawings, memorandums, documentations and records which in any way incorporate Confidential Information. Confidential information that cannot be returned such as word of mouth shall be kept confidential at all times indefinitely.
LIABILITY CLAUSE
Recipient hereby further agrees that, in the event of its breach or threatened breach of this Agreement, the Disclosing Party would suffer irreparable harm and the Disclosing Party’s remedies shall include, in addition to any other remedies available at law or in equity, equitable remedies such as specific performance and injunctive relief and shall not be limited to monetary damages. Specifically, the Disclosing Party shall be entitled to seek immediate injunctive relief prohibiting such violation.
DISPUTE RESOLUTION
Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to mediation in accordance with, and subject to the laws of, the state of California.
SEVERABILITY
In an event where any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain to be enforced in accordance with the Parties’ intention.
ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements, and conditions, express or implied, oral, or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
AMENDMENTS
The Parties agree that any amendments made to this Agreement must be in writing and must be signed by both Parties to this Agreement.
As such, any amendments made by the Parties will form part of this Agreement.
SIGNATURE AND DATE
The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated throughout by their signatures below:
| CLIENT: Name: ____________________________Signature: _________________________Date: _____________________________ |
CONSULTANT: PERSONA CONSULTING GROUP, LLC Name: PERSONA – Owner/Consultant Signature: ____________________________Date: ________________________________ |