A Business Development and Consultancy Agreement secures clear expectations between a company and an independent consultant. This contract defines services, compensation, and legal responsibilities. Businesses benefit from certainty, while consultants receive recognition and fair payment for expertise.

Defining Scope and Roles

The agreement outlines business development, advisory, and contractual consulting services. Consultants research markets, introduce leads, and represent companies in negotiations. Meanwhile, companies retain approval rights over projects. This structure ensures fairness and preserves flexibility for both parties.

Compensation and Exclusivity

The agreement provides both a fixed retainer and a success fee for consultants. Payments are directly linked to project milestones, offering transparency and fairness. Exclusivity clauses protect consultants by granting ownership of leads they introduce. This structure motivates performance while safeguarding company interests.

Termination and Confidentiality

Termination clauses allow either party to exit with notice or for breach. Confidentiality provisions protect trade secrets and sensitive information beyond the agreement. These protections build trust while securing long-term confidentiality for the company’s knowledge and strategies.

Legal Protection and Final Provisions

The agreement also includes indemnification, governing law, and dispute resolution. These clauses reduce risk and prevent prolonged conflicts. Miscellaneous provisions, such as intellectual property and force majeure, reinforce enforceability. Together, they ensure accountability and stability throughout the business relationship.

References

• International Chamber of Commerce (ICC)
• Chartered Institute of Arbitrators

You may also find our “Business Development Agreement (BDA)” template useful, as it complements the subject of this article.