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Business Advisor Agreement Template for Switzerland

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Key Requirements PROMPT example:

Business Advisor Agreement

"I need a Business Advisor Agreement for engaging a technology strategy consultant to help with our company's digital transformation starting March 2025, including specific provisions for data protection and intellectual property rights for any technological solutions developed."

Document background
The Business Advisor Agreement is a crucial legal document used in Switzerland when engaging professional advisors or consulting firms to provide business advisory services. This agreement is particularly relevant in today's complex business environment where companies frequently seek external expertise for strategic guidance, operational improvements, or specialized knowledge. The document is structured to comply with Swiss law, particularly the Swiss Code of Obligations (OR), and addresses key aspects such as service scope, confidentiality, liability, and compensation. It's designed to protect both parties' interests while providing clear guidelines for the advisory relationship, making it essential for any professional engagement where business advice is being provided under Swiss jurisdiction.
Suggested Sections

1. Parties: Identification of the client and the business advisor, including full legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the parties' intention to enter into an advisory relationship

3. Definitions: Key terms used throughout the agreement and their specific meanings

4. Scope of Services: Detailed description of the advisory services to be provided, including specific deliverables and expectations

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

6. Fees and Payment Terms: Compensation structure, payment schedule, expenses, and invoicing procedures

7. Obligations of the Advisor: Specific duties, responsibilities, and standard of care required from the advisor

8. Obligations of the Client: Client's responsibilities, including provision of information and cooperation requirements

9. Confidentiality: Obligations regarding confidential information, trade secrets, and data protection

10. Intellectual Property: Ownership and usage rights of any IP created during the advisory relationship

11. Liability and Indemnification: Limitations of liability, indemnification obligations, and professional insurance requirements

12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Non-Competition: Restrictions on advisor's activities with competing businesses, used when advisor has access to sensitive competitive information

2. Non-Solicitation: Restrictions on approaching clients or employees, included when advisor has significant client contact

3. Performance Metrics: Specific KPIs or performance standards, used when engagement includes measurable objectives

4. Regulatory Compliance: Specific regulatory obligations, included when advisory services relate to regulated activities

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term engagements

6. Insurance: Specific insurance requirements, included when advisory services carry significant risks

7. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, included for larger advisory firms

8. Data Protection: Detailed FADP compliance provisions, required when processing personal data is significant part of services

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of specific advisory services, methodologies, and deliverables

2. Schedule B - Fee Schedule: Detailed fee structure, rates, payment terms, and expense policies

3. Schedule C - Key Personnel: List of key advisor personnel assigned to the engagement and their roles

4. Schedule D - Service Levels: Specific performance standards, response times, and quality metrics

5. Schedule E - Compliance Requirements: Specific regulatory or industry compliance requirements applicable to the services

6. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and procedures

7. Appendix 2 - Data Processing Agreement: Specific terms for handling personal and sensitive data

8. Appendix 3 - Required Forms and Reports: Templates for reports, invoices, and other required documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






































Clauses







































Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Real Estate

Retail

Telecommunications

Energy

Transportation

Education

Hospitality

Construction

Agriculture

Pharmaceuticals

Media and Entertainment

Relevant Teams

Legal

Finance

Procurement

Compliance

Risk Management

Corporate Development

Strategy

Operations

Business Development

Executive Leadership

Project Management Office

Investment

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Business Development Manager

Management Consultant

Strategy Advisor

Operations Director

Procurement Manager

Risk Manager

Compliance Officer

Business Analyst

Project Manager

Corporate Development Officer

Investment Advisor

Board Member

General Counsel

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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