California · Standard edition

California Consulting Agreement Template

Create a California consulting agreement online for an independent consultant or advisor. The Standard agreement covers the services and standard of performance, fixed or hourly fees, invoices and payment, expenses, independent contractor status, conflicts of interest, confidentiality, intellectual property, limitation of liability, termination, and California worker classification and freelance payment rules.

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California rules built into this template

  • Worker classification: California generally decides worker status under the "ABC" test (Cal. Lab. Code § 2775). Exemptions apply to some business-to-business relationships (Cal. Lab. Code § 2776) and to listed professional services, such as marketing, graphic design, and human resources administration, when the statutory conditions are met (Cal. Lab. Code § 2778).
  • Freelance payment law: California's Freelance Worker Protection Act (SB 988, effective for contracts entered into or renewed on or after January 1, 2025) requires a written contract when a freelance worker is paid $250 or more, alone or with other work for the same hiring party in a 120-day period; payment is due on the date in the contract or, if none, within 30 days after the services are completed, and the hiring party must keep the contract for at least four years. Worker classification in California is generally decided under the "ABC" test (Cal. Lab. Code § 2775) unless an exemption applies, such as the business-to-business exemption (Cal. Lab. Code § 2776).
  • Federal tax: for payments made in 2026, a business generally reports payments of $2,000 or more to a contractor on IRS Form 1099-NEC.

What the Consulting Agreement includes

  1. Services
  2. Standard of Performance
  3. Client Responsibilities
  4. No Legal or Tax Advice
  5. Fees
  6. Invoices and Payment
  7. Expenses
  8. Independent Contractor
  9. Conflicts of Interest
  10. Confidentiality
  11. Intellectual Property
  12. Limitation of Liability
  13. Term and Termination
  14. State Law
  15. General Provisions
  16. Governing Law

Frequently asked questions

Is a consultant an employee or independent contractor in California?
California generally decides worker status under the "ABC" test (Cal. Lab. Code § 2775). Exemptions apply to some business-to-business relationships (Cal. Lab. Code § 2776) and to listed professional services, such as marketing, graphic design, and human resources administration, when the statutory conditions are met (Cal. Lab. Code § 2778).
Does a consulting agreement guarantee results?
No. The Standard agreement treats the expected outcomes as goals, because results depend on the client's decisions and on factors outside the consultant's control. The consultant promises professional skill and care.
What is the difference between the Standard and Professional Consulting Agreement?
The Standard edition is a complete, state-aware Consulting Agreement for common situations. The Professional edition adds longer clause coverage, schedules, and optional modules for more complex matters. You can preview either edition free before you pay.

Consulting Agreement templates for other states

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