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Independent Consultant Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Independent Consultant Agreement

"I need an Independent Consultant Agreement under Hong Kong law for a cybersecurity consultant who will work with our financial services firm starting March 2025, with strict data protection and regulatory compliance provisions."

Document background
The Independent Consultant Agreement is essential for businesses in Hong Kong seeking to engage external expertise while maintaining clear boundaries between employment and independent contractor relationships. This document is particularly crucial given Hong Kong's distinct legal framework, which requires careful consideration of employment ordinances, data protection laws, and intellectual property rights. The agreement typically covers comprehensive terms including scope of services, compensation, confidentiality, intellectual property assignment, and liability provisions. It's designed to protect both the company's interests and the consultant's independent status while ensuring compliance with Hong Kong regulations. This type of agreement is commonly used when engaging professionals for project-based work, specialized consulting services, or temporary expertise without creating an employment relationship.
Suggested Sections

1. Parties: Identification of the company and the independent consultant, including full legal names and addresses

2. Background: Context of the agreement and brief description of the company's business and consultant's expertise

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope of Services: Formal appointment of consultant and detailed description of services to be provided

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

6. Fees and Payment Terms: Compensation structure, payment schedule, and expense reimbursement policies

7. Independent Contractor Status: Clear statement of independent contractor relationship and exclusion of employment relationship

8. Consultant's Obligations: Key responsibilities, performance standards, and compliance requirements

9. Company's Obligations: Company's responsibilities to support the consultant's services

10. Intellectual Property Rights: Ownership and transfer of intellectual property created during the engagement

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with Personal Data (Privacy) Ordinance and data handling requirements

13. Liability and Indemnification: Allocation of risks and responsibilities for losses

14. Insurance: Required insurance coverage to be maintained by consultant

15. General Provisions: Standard legal provisions including governing law, notices, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on consultant's ability to work with competitors (include when protecting market position is crucial)

2. Non-Solicitation: Restrictions on soliciting employees or clients (include when protecting business relationships is important)

3. Equipment and Resources: Provisions regarding company-provided equipment or resources (include when company provides significant resources)

4. Performance Metrics: Specific KPIs or performance standards (include when quantifiable metrics are essential)

5. Subcontracting: Rights and restrictions regarding use of subcontractors (include when subcontracting might be needed)

6. Force Majeure: Provisions for unforeseen circumstances (include when long-term or critical services are involved)

7. Assignment: Rights to assign the agreement (include when potential corporate restructuring is anticipated)

8. Dispute Resolution: Specific procedures for resolving disputes (include when alternative dispute resolution is preferred)

Suggested Schedules

1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment milestones, and expense categories

3. Schedule 3 - Key Personnel: List of key individuals involved in providing services

4. Schedule 4 - Service Levels: Specific performance standards and metrics

5. Schedule 5 - Company Policies: Relevant company policies consultant must comply with

6. Appendix A - Required Insurance Coverage: Specific insurance types and coverage amounts required

7. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























Clauses




























Relevant Industries

Technology

Financial Services

Professional Services

Healthcare

Education

Manufacturing

Retail

Construction

Media and Entertainment

Real Estate

Telecommunications

Energy

Consulting

Marketing and Advertising

Research and Development

Relevant Teams

Legal

Human Resources

Procurement

Finance

Compliance

Risk Management

Operations

Project Management

Business Development

Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

General Counsel

HR Director

Procurement Manager

Project Manager

Department Head

Business Unit Director

Operations Manager

Compliance Officer

Legal Counsel

HR Manager

Finance Manager

Contract Administrator

Risk Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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