Preview | Consulting Agreement |

This Consulting Agreement, by and between El Capitan Precious Metals, Inc., a Nevada corporation (the ?Company?), and Charles C. Mottley (the ?Consultant?) is entered into as of the 1st day of October, 2007 (the ?Effective Date?).

Now, Therefore, for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Company and Consultant, each intending to be legally bound, hereby agree as follows:

1. Consultant Services. During the term of this Agreement, Consultant shall from time to time use its best efforts to perform corporate advisory services for the Company, including without limitation providing services relating to: (i) strategic advisory services; (ii) corporate financial planning; (iii) market analysis; (iv) introductions to potential investors; and (v) other consulting and advisory services which may in the future be mutually agreed upon by the Company and Consultant.

The Company and Consultant hereby acknowledge and agree that: (i) Consultant is not a ?broker? or ?dealer? as defined under any applicable federal and/or state securities laws; (ii) Consultant shall not engage in any acts for which he is required to be a broker-dealer; (iii) Consultant shall solely act to provide advice to the Company with respect to capital raising and market analysis, and shall not engage in any sales efforts in connection with any investment by any person or entity in the Company; (iv) Consultant shall not participate in any negotiation of the terms of any such investment; and (v) Consultant shall not give any advice to anyone regarding the valuation of, potential return on, or the terms of any investment in, any securities of the Company, except as authorized by the Company. Consultant makes no representations, warranties or guaranties of any specific results or success.

The Company further acknowledges that the services of Consultant provided hereunder are not exclusive to the Company, and, subject to the terms of Section 6 hereof, nothing herein shall be construed to limit or restrict Consultant or his affiliates in conducting such business with respect to others or in rendering such advice to others. Consultant hereby acknowledges that the Company?s engagement of Consultant is similarly not exclusive, and the Company is free to obtain similar services as provided by Consultant from third parties.

2. Term. Subject to earlier termination by the parties in accordance with the terms of Section 8 hereof, the term of this Agreement shall commence on the Effective Date and continue until such time that the Company has paid Consultant an aggregate Consulting Fee of $300,000 pursuant to the terms of Section 3 hereof (the ?Term?).

3. Compensation. As consideration for Consultant?s entry into this Agreement and performance of the consulting services set forth herein, the Company shall pay Consultant the following compensation (the ?Consulting Fee?):