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Protecting Our Consultants

Our consultants are typically unaware that companies seek to bind them to contractual obligations that are overreaching or inapplicable to the work they will perform.

The following is just one real-life example from a single contract:

❌ Removed GDPR compliance requirements

❌ Removed compliance with the company’s standard operating procedures

❌ Removed language requiring Faculty Connection to evidence compliance with representations and warranties along with the client’s ability to terminate

❌ Removed language allowing the company to inspect facilities and equipment used in consulting activities

❌ Removed access to Faculty Connection’s standard operating procedures

❌ Removed adherence to the company’s “code of business conduct”

❌ Removed the requirement to wear a hard cap on the clock

❌ Removed references to withholdings for VAT

❌ Removed language allowing for withholding tax on pass-through payments (e.g. reimbursement of expenses)

❌ Removed language allowing client to evaluate the quality of work before paying an invoice

❌ Removed language requiring reporting for the Sunshine Act

❌ Removed language requiring compliance with local laws and regulations applicable to the client, along with facilitating the client’s compliance

❌ Removed language allowing for the receipt of trade secrets

❌ Removed language involving foreign governing laws

❌ Removed language involving foreign jurisdiction for disputes


Additions & Increases:

✅ Negotiated the standard of performance language to be less onerous on the consultant

✅ Softened the representations and warranties language

✅ Added language allowing the consultant to perform similar consulting work

✅ Added language protecting the pre-existing intellectual property of the consultant

✅ Added language protecting any exchange of confidential information by the consultant

✅ Limited the period of confidentiality to a reasonable term

✅ Added mutual termination

✅ Added indemnification by the client for Faculty Connection and the consultant

✅ Added language ensuring academic protection and freedom for the consultant

✅ Increased consultant’s rate from $445 to $500

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