Financial Consulting Agreement Template
Prepared for:
[Client.FirstName][Client.LastName]
[Client.Company]
Created by:
[Sender.FirstName][Sender.LastName]
[Sender.Company]
Cover Letter
This agreement is intended to govern the business relationship between [Sender.Company] and [Client.Company]. [Sender.Company] will provide financial consulting services to [Client.Company] for the duration of this agreement, in accordance with the rates and terms outlined below.
[Sender.Company] (“Consultant”) submits this financial consulting agreement to [Client.Company] (“Client”).
This financial consulting agreement outlines the terms pursuant to [Sender.Company] providing financial consulting services to [Client.Company].
Engagement
[Client.Company] agrees to engage with and retain [Sender.Company] to perform the services defined in this financial consulting agreement. [Sender.Company] agrees to this contractual relationship, and agrees to provide the listed financial consulting services pursuant to the terms of this agreement, and agrees to perform the duties listed to the best of their abilities.
Independent Contractor
[Sender.Company] shall be considered an independent contractor at all times.
[Sender.Company] shall be held solely responsible for all financial responsibilities to [Sender.Company]‘s employees, vendors, and other creditors. [Client.Company] shall in no case be held liable for [Sender.Company]‘s debts or financial liabilities.
[Sender.Company] shall not be deemed an employee, agent, or partner of [Client.Company] at any time. [Sender.Company] shall not have the authority or power to enter into additional contracts or agreements on behalf of [Client.Company] at any time.
[Sender.Company] shall not hold any fiduciary obligation to [Client.Company], and shall be free to conduct business for it’s own purposes or the needs of additional clients at its discretion.
Financial Consulting Services
[Sender.Company] agrees to provide the following services to [Client.Company], pursuant to the complete terms of this agreement.
- Conduct a thorough analysis of [Client.Company]‘s business, competitors, and market environment
- Deliver a comprehensive financial report that reflects [Client.Company]‘s full financial profile and background
- Regularly update the report as financial status evolves
- Provide strategic guidance to [Client.Company] regarding financial matters on an ongoing basis
Expenses
Both [Sender.Company] and [Client.Company] agree that each party shall be solely responsible for their normal business expenses, including accounting, communications, operating overhead, and business travel, unless otherwise specified in this agreement.
Warranties
[Sender.Company] hereby represents that is has policies and processes in place with reasonably ensure compliance with all applicable financial legislation.
[Sender.Company] acknowledges that it will have knowledge of and access to non-public information as defined by Federal Law. As a result, [Sender.Company] agrees not to make purchases or sales of [Client.Company] stock, and will make reasonable efforts to protect such information and prevent it from reaching third parties unless previously authorized to do so by [Client.Company].Furthermore, [Sender.Company] agrees not to include or disclose such information in financial reports intended for public distribution, including annual reports, press releases, and communications to investors.
[Client.Company] agrees not to circumvent or otherwise bypass this agreement to avoid payment of fees to [Sender.Company]. Furthermore, [Client.Company] agrees to make a reasonable effort to regularly update [Sender.Company] regarding legal, market, and business environments pertaining to [Client.Company]‘s operations. [Client.Company] shall notify [Sender.Company] of any new contracts, ventures, or other agreements with any private or public entity, and provide copies of exact documents to [Sender.Company].
[Client.Company] agrees to provide [Sender.Company] with all existing financial documents related to [Client.Company]‘s operations, including (but not limited to) financial statements, income statements, and the like.
[Sender.Company] agrees to keep all documents provided by [Client.Company] under the terms of this agreement fully confidential.
Authority
Both [Client.Company] and [Sender.Company] have the legal authority necessary to enter into this financial services consulting agreement with one another. The individuals whose signatures appear on the final page of this agreement are representatives of their respective employers, and are fully authorized to enter into contractual agreements on behalf of their employers.
Agreement Term
The term of this financial services consulting agreement shall be for a period of agreement years.
Entire Agreement
This document shall represent the entire agreement between [Client.Company] and [Sender.Company]. No other understandings, promises, or agreements, written or oral, shall be upheld upon signature of this financial consulting services agreement by both [Client.Company] and [Sender.Company].
Notices
All notices required under the terms of this agreement shall be sent via certified mail or email to the following addresses:
Modification & Waiver
This agreement shall not be modified or otherwise altered except through written amendment signed by both [Client.Company] and [Sender.Company].
Failure by either party to uphold or enforce any single aspect of this financial consulting services agreement shall not be construed as a waiver of any subsequent failures to uphold the entire scope of this agreement.
Injunctive Relief
Both [Client.Company] and [Sender.Company] agree and acknowledge that, in the event a breach of this agreement occurs by either party, the non-violating party shall be entitled to redress such breach through temporary or permanent injunction through the courts of [Sender.County], [Sender.State]. The non-violating party shall not be responsible for proving damages, and both parties agree that the non-violating party shall be able to produce a complete copy of this financial consulting services agreement, and have the agreement fully upheld and enforced by the court.
Legal Fees
If either party must seek legal action in order to enforce this agreement or address violation by the other party, the prevailing party in such legal proceedings shall be entitled to full reimbursement for all legal fees, including attorneys’ fees which are incurred during those legal actions and proceedings.
Acceptance
By signing below, both parties agree to enforce and uphold the full terms of this agreement until it expires or is otherwise cancelled by both parties.
[Sender.Company]
Signature
MM/DD/YYYY
[Sender.FirstName][Sender.LastName]
[Client.Company]
Signature
MM/DD/YYYY
[Client.FirstName][Client.LastName]