Consultant agreement checklist

Consultant agreement checklist

Organization: [ORGANIZATION NAME]

Consultant: [NAME OR BUSINESS NAME]

Project: [PROJECT NAME]

Reviewed by: [NAME AND ROLE] Date: [DATE]

Lawyer review: [NAME AND DATE, OR "NOT NEEDED BECAUSE..."]

1. The parties

• Full legal names and addresses of the charity and the consultant
• Who signs for each side, and that they have authority to sign
• The consultant's business status (individual, company or partnership)

2. Scope and deliverables

• The goal and the deliverables, or the scope of work attached
• What is not included
• What the charity will provide, such as documents, access and a contact person
• Who will do the work, and whether the consultant may subcontract
• How changes to the scope are agreed (in writing, with any extra cost)

3. Schedule

• Start date, milestones and end date
• What happens if a deadline is missed on either side

4. Fees and expenses

• The fee: fixed, hourly or daily, with a cap if hourly
• Payment schedule tied to deliverables
• Which expenses are reimbursed, with receipts, and any limit
• Invoice and payment terms
• No fee based on a percentage of funds raised, unless a lawyer has advised on it

5. Independent contractor status

• The consultant is an independent contractor, not an employee
• The consultant controls how the work is done and provides their own tools
• The consultant is responsible for their own taxes, and will provide Form W-9
• We will issue Form 1099-NEC if payments reach the IRS threshold for the year

6. Ownership of the work

• Who owns the work product, such as reports, designs, code, photos and data
• A written assignment of copyright to the charity, signed by the consultant, or a clear license that lets us use, change and share the work as we need
• What the consultant may reuse, such as their own general tools and templates
• Whether the consultant may mention the project in their portfolio

7. Confidentiality and data

• The consultant keeps our information confidential, during and after the project
• What personal data the consultant will see, such as donors, clients or staff, and how they will protect it
• Return or deletion of our data and files at the end
• Any privacy or data rules that apply to us, passed on to the consultant

8. Conduct and compliance

• The consultant follows our safeguarding, harassment and conflict of interest policies where relevant
• The consultant follows applicable laws
• For fundraising consultants: state registration confirmed, and any contract filing the state requires

9. Insurance and liability

• Insurance the consultant must carry, such as professional or general liability, with proof
• Who is responsible if something goes wrong (indemnity), reviewed by a lawyer
• Any limit on the consultant's liability, and whether it is reasonable

10. Ending the agreement

• How either side can end it, and with how much notice
• Payment for work done up to the end date
• Handover of work in progress, files and passwords

11. Disputes and the fine print

• How disagreements will be handled, such as a meeting first, then mediation
• Which state's law applies
• The agreement is the whole agreement, and changes must be in writing and signed

Approval

• Approved by [THE DIRECTOR OR THE BOARD], within our spending authority
• Recorded in the board minutes if the board approved it, or if the consultant has a conflict of interest

Signed agreement filed at: [LOCATION]