Exclusivity · Consulting
Exclusivity in consulting: what is normal
Category exclusivity can be reasonable in consulting but should be scoped to named competitors, time-boxed, and paid for.
Typical range
Where a client needs it, exclusivity limited to named direct competitors for the engagement term, priced into the retainer. Broad, open-ended exclusivity is compensated as a premium or declined.
Off-market
A clause barring the consultant from advising anyone in a broad industry, during and long after the engagement, with no added compensation.
One-line fix
"During the engagement, Consultant will not advise [named competitors]. Any broader or longer exclusivity carries a premium of [X]."
What we see
Consulting has a more genuine exclusivity case than most freelance work, because a client may not want their strategist simultaneously advising a direct rival. But that case is specific: it justifies a narrow, named-competitor restriction, not a bar on the consultant's entire sector.
The healthy version names the specific competitors, runs for the engagement term (and at most a short tail), and is reflected in the fee, because the consultant is turning away other clients in that space. A retainer that demands exclusivity should price the capacity it reserves.
The clause to challenge is broad, industry-wide exclusivity that also extends well past the engagement, unpaid. That can foreclose a large part of a specialist consultant's market. Narrowing the category, bounding the term, and attaching a premium turns a hidden cost into a priced decision.
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