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Consulting Agreement for California

Generate a consulting agreement that complies with California law β€” with 2 mandatory clauses and 5 compliance checks built in.

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Key legal considerations

You are generating a California consulting agreement. Consultants are typically independent contractors β€” ensure the engagement satisfies the AB 5 ABC test or qualifies for the business-to-business exemption under Cal. Lab. Code Β§ 2776 (requires: separate business location, business license/tax ID, ability to set own rates, free to work for others, etc.). Do NOT include non-compete restrictions (void under B&P Β§ 16600). Include confidentiality provisions with whistleblower carveouts. Address IP and work product ownership.

What's required

Mandatory clauses for a valid consulting agreement under California law.

  • Independent Contractor Status (Consulting)

    Cal. Lab. Code Β§Β§ 2775, 2776

  • Consulting Confidentiality with CA Protections

    Cal. Gov. Code Β§ 12964.5

What's prohibited

Terms and provisions that are void or unenforceable under California law.

  • Non-compete restriction on consultant

    Non-compete restrictions on consultants are void under California B&P Code Β§ 16600.

    Cal. Bus. & Prof. Code Β§ 16600

Legal references

Key statutes and regulations that govern consulting agreements in California.

  • AB 5 Business-to-Business Exemption

    Cal. Lab. Code Β§ 2776

    Exempts certain bona fide business-to-business contracting relationships from the ABC test, applying the Borello test instead.

Compliance checklist

Automated compliance checks for every California consulting agreement.

  • Consultant classification is AB 5 compliant

    critical
  • Scope of consulting services is clear

    warning
  • No non-compete provisions

    critical
  • IP ownership clearly assigned

    warning

+1 more compliance checks

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Frequently asked questions

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contract.diy is a document preparation service, not a law firm. Generated contracts are templates for informational purposes and do not constitute legal advice. We recommend having any contract reviewed by a qualified attorney before signing.