Fractional Executive Contracts
Key terms and considerations for fractional agreements
Structuring Fractional Engagements
A well-structured contract protects both parties and sets clear expectations. Fractional executive contracts differ from employment contracts and standard consulting agreements. Understanding key terms helps ensure successful engagements.
Essential Contract Terms
Scope of Work
Define responsibilities clearly. Include what is in scope and explicitly exclude what is not. Avoid ambiguity.
💡 Be specific about deliverables and success metrics.
Time Commitment
Specify expected days per week/month. Define how time is tracked and reported.
💡 Include flexibility for intensive periods.
Day Rate / Retainer
State rate clearly. Define what constitutes a day. Address expenses and disbursements.
💡 Clarify if rate includes or excludes VAT.
Payment Terms
Monthly invoicing is standard. Net 14-30 days typical. Consider retainer vs arrears.
💡 Upfront retainer reduces payment risk.
Notice Period
30-90 days notice is typical. Allows both parties to plan transitions.
💡 Longer notice provides stability but reduces flexibility.
Confidentiality
Standard NDA provisions. Define what information is confidential and for how long.
💡 Essential for any executive role.
IP Assignment
Clarify ownership of work product. Usually assigned to client for work done for them.
💡 Fractional can retain rights to general methodologies.
Liability
Consider professional indemnity insurance requirements. Cap liability appropriately.
💡 PI insurance is expected for fractional executives.
Common Engagement Structures
Day Rate
Pay for days worked. Most transparent. Variable monthly cost.
Best for: New relationships, variable needs
Monthly Retainer
Fixed monthly fee for agreed scope. Predictable for both parties.
Best for: Established relationships, consistent needs
Hybrid
Base retainer plus day rate for additional time. Balance of predictability and flexibility.
Best for: Roles with variable intensity
Equity Considerations
Some fractional engagements include equity, especially at early stages. If including equity: define vesting schedule, clarify cliff period, specify what happens on termination, and ensure proper legal documentation separate from service agreement.
Frequently Asked Questions
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