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PLAYBOOK TEMPLATES
Management Consulting Agreement
A Management Consulting Agreement governs advisory or professional services engagements. This playbook explores fee structures, confidentiality, and limitation of liability provisions.
Worker Classification
Negotiation strategy
Ensure the contract clearly defines the relationship as independent contractor to avoid misclassification. Include indemnification clauses to protect against potential liabilities.
Negotiate for clear terms that outline independence in work methods and responsibilities. Ensure the contract does not impose employee-like obligations.
Essential elements
1
Relationship Definition
Defines contractor status.
2
Control Over Work
Contractor's autonomy in tasks.
3
Indemnification
Liability protection for misclassification.
Action framework
ACCEPT
Propose edits if the clause lacks clarity on independent contractor status or omits key protections.
EDIT
Reject if the clause imposes employee-like obligations or lacks necessary legal protections.
ADD
Add language to clarify the independent contractor relationship and include indemnification provisions.
PRO TIP
Always consult with legal experts to ensure compliance with jurisdiction-specific worker classification laws.
Real-world examples
FAVORABLE
Independent Contractor Status
"The parties intend that the relationship created by this Agreement is that of client and independent contractor. Nothing in this Agreement shall be construed to create a partnership, joint venture, or employer-employee relationship between the parties."
NEUTRAL
Basic Classification Clause
"The Contractor is not an employee of the Client for any purpose whatsoever."
UNFAVORABLE
Ambiguous Relationship Terms
"The Contractor may be considered an employee for certain purposes, subject to agreement."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure the classification clause includes detailed indemnification to protect against potential liabilities.
Jurisdiction-Specific Requirements
Adjust the clause to comply with specific state laws, such as California's AB5, which may impose stricter criteria for classification.
Cross-Border Contracts
Consider international laws and treaties that may affect worker classification and require additional compliance measures.
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WEEK 1
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WEEK 2
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WEEK 3
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WEEK 4
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