What to Include in a Consulting Agreement—If You Actually Want to Get Paid

You've got the client. You’ve got the expertise. But if your contract is missing key protections, you could still end up chasing payment, arguing scope, or surrendering your IP.

Here’s what every consultant—whether solo or in a firm—should include in their consulting agreement if they want to avoid disputes and ensure they actually get paid.

📌 1. Clear Scope of Work

Be specific. Vague deliverables lead to scope creep and unpaid work. A good agreement includes:

• Defined services
• What’s excluded
• Milestones and deadlines

💰 2. Payment Terms That Work for You

Spell out payment details:

• Flat fee, hourly, or milestone-based?
• Retainer upfront? (Highly recommended)
• When is payment due?
• Late fees or interest?

Tip: Make payment due upon receipt or within a short net term. Don’t wait 60+ days to get paid.

🚫 3. Kill Clause (Termination for Non-Payment)

Reserve the right to stop work if payment isn’t made. Include language that protects you from continuing services for a non-paying client.

⚖️ 4. Dispute Resolution + Attorney’s Fees

If things go sideways, you want leverage. Include:

• Litigation or arbitration?
• Prevailing party gets attorney’s fees?
• Venue and jurisdiction

🔒 5. Confidentiality That Protects You

Don’t just protect the client’s data—protect your own. Include reverse confidentiality clauses and clarify how long obligations last.

📉 6. No Performance Guarantees

Consultants should never guarantee specific results. Include disclaimers that clarify you’re providing services—not promising outcomes beyond your control.

🧠 7. Intellectual Property Ownership

Who owns the final product? What rights do you retain? If you’re building proprietary systems, templates, or materials—don’t give it away by accident.

🔚 Final Word

Consulting agreements aren’t just formalities—they’re financial armor. If you skip these terms, you’re leaving yourself wide open.

At JDE Law Firm, PLLC, we review and negotiate consulting contracts for NY & NJ consultants to help them get paid, stay protected, and avoid disputes.

📅 Book a strategy consult today