This document sets forth a template contract that can be entered into between a
consultant and a client for stress relief consultation services. This agreement provides
the specific duties the consultant will have under the agreement and specifies the rate
the consultant will charge for their services. This document contains numerous
standard provisions that are commonly included in these types of agreements, and may
be customized to fit the specific needs of the contracting parties. This agreement
should be used by individuals that want stress relief consultation.
STRESS RELIEF CONSULTING AGREEMENT
THIS CONSULTING AGREEMENT ("Agreement") is made and entered into as of
the ___ day of _____, 20__, [Instruction: Insert date.] by and among _____
[Instruction: Insert client name.] ("Client"), and _____ [Instruction: Insert
consultant’s name.] ("Consultant").
WITNESSETH:
WHEREAS, Consultant is recognized as having expertise in the area of stress
management and relief; and
WHEREAS, the Client desires to retain Consultant to provide services related to and in
support of efforts in which Consultant has expertise; and
WHEREAS, Consultant is in the business of providing such consulting services and
has agreed to provide the services in accordance with the terms and conditions set forth in
this agreement.
NOW, THEREFORE, in consideration of this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Consultant shall furnish the Client with his best advice, information, judgment
and knowledge with respect to the services related to and in support of efforts in
which Consultant has expertise which is to be provided in accordance with this
Agreement. Specifically, Consultant shall _____. [Comment: Insert specific
duties Consultant shall have under Agreement.]
2. The Consultant will _____. [Instruction: Insert broad details of what
consultant will do, e.g., assist Client in developing and implementing specific
stress management strategies.]
3. For all services that Consultant renders to the Client during the term hereof, the
Client will pay Consultant $_____. Consultant agrees that during the term he/she
will devote up to ____ (__) hours. The duties will be scheduled at mutually
agreeable times. [Instruction: Insert applicable payment agreement, including
any revision to the hours/days of services.] All such fees are non-refundable.
Client understands, acknowledges and agrees that such fees are payable regardless
of the success or failure of any services provided hereunder.
4. The parties hereto agree this Agreement is for consulting services to be provided
at _____. [Instruction: Insert location.] Any services to be performed by
Consultant on Client’s behalf for any area outside the foregoing shall be pursuant
to a separate agreement, or a modification or amendment of this Agreement.
5. Consultant makes no representations or warranties regarding the effectiveness or
actual health benefits of any stress relief or management strategies or techniques
(collectively, “Techniques”) proposed to or implemented by Client based on
services provided by Consultant pursuant to this Agreement. Client understands,
acknowledges and agrees any and all such Techniques may need to be
implemented by other qualified persons other than Consultant, and that Client
shall be solely responsible for any and all fees imposed by any such other
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qualified persons, and the provision of any such services shall be pursuant to a
separate agreement.
6. Consultant shall propose to Client and assist Client in determining and
implementing Techniques based upon information to be provided by Client,
including any relevant health conditions to be disclosed by Client.
7. Client understands, acknowledges and agrees that Consultant shall bear no
liability for Client’s failure to achieve any desired effects based upon Client’s
following Consultant’s proposed Techniques. Client further shall not hold
Consultant liable for any health issues which may arise as a result of Client’s
usage of Consultant’s proposed Techniques.
8. Any proposed Techniques prepared or submitted to Client will remain
Consultant’s property (regardless of whether the physical embodiment of creative
work is in your possession in the form of copy, artwork, plates, recordings, films,
tapes, etc.) and may be submitted to other clients for their use.
9. It shall be Client’s sole responsibility to seek the advice of medical personnel
and/or to obtain a physical examination by a qualified physician, prior to
beginning any regimen recommended by Consultant.
10. Client agrees to disclose to Consultant any and all relevant health related issues
and/or conditions, including but not limited to any prior health problems.
11. In the event of a breach hereunder and a failure to cure such breach within thirty
(30) days of written notice of such breach, this Agreement may be terminated by
either party upon written notice.
12. The provisions of this Agreement are severable, and if any one or more provisions
may be determined to be illegal or otherwise unenforceable, in whole or in part,
the remaining provisions, and any partially enforceable provision to the extent
enforceable in any jurisdiction, shall nevertheless be binding and enforceable.
13. The rights and obligations of the Client under this Agreement shall inure to the
benefit of and shall be binding upon the successors and assigns of the Client. The
rights, obligations and duties of Consultant hereunder may not be assigned or
delegated without the Client's prior written consent except that Consultant may
assign its interest to a company formed by Consultant for the purpose of
providing such services.
14. Both parties acknowledge and agree that Consultant's engagement hereunder is
not exclusive and that either party may provide to, or retain from others similar
services to those provided hereunder by Consultant, provided that it does so in a
manner that does not otherwise breach this Agreement. Neither party is, nor shall
claim to be, a legal agent, representative, partner or employee of the other, and
neither shall have the right or authority to contract in the name of the other nor
shall it assume or create any obligations, debts, accounts or liabilities for the
other.
15. The Consultant represents and warrants to the Client that he/she is under no
contractual or other restrictions or obligations which are inconsistent with the
execution of this Agreement, or which will interfere with the performance of
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his/her duties or provision of services hereunder. Consultant represents and
warrants that the execution and performance of this Agreement will not violate
any policies or procedures of any other person or entity for which he/she performs
services concurrently with those performed herein.
16. The Consultant acknowledges and agrees that it shall be solely responsible to pay
any and all incomes taxes on any moneys earned from Client while performing
services contemplated under this Agreement. The Consultant further
acknowledges that the Client will not at any time withhold any taxes from the
Client’s payments to the Consultant under this Agreement for the purposes of
income tax or any other applicable taxes.
17. Any notices or other communications required or permitted under this Agreement
shall be in writing and shall be deemed to have been duly given and delivered
when delivered in person, two (2) days after being mailed postage prepaid by
certified or registered mail with return receipt requested, or when delivered by
overnight delivery service or by facsimile to the recipient at the following address
or facsimile number, or to such other address or facsimile number as to which the
other party subsequently shall have been notified in writing by such recipient:
If to the Client:
[Instruction: Insert Client notice information here.]
If to the Consultant:
[Instruction: Insert Consultant notice information here.]
18. Either party's failure to enforce any provision or provisions of this Agreement
shall not in any way be construed as a waiver of any such provision or provisions
as to prior or future violations thereof or of any other provision of this Agreement,
nor prevent that party thereafter from enforcing each and every other provision of
this Agreement. The rights granted the parties herein are cumulative and the
waiver by a party of any single remedy shall not constitute a waiv