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Freelance Consultant Agreement Template for Switzerland

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Key Requirements PROMPT example:

Freelance Consultant Agreement

"I need a Freelance Consultant Agreement under Swiss law for hiring an IT security consultant based in Zurich who will work remotely with access to our sensitive data systems, starting March 2025."

Document background
The Freelance Consultant Agreement is designed for businesses operating under Swiss jurisdiction who need to engage external consultants or consulting firms on a non-employment basis. This document is essential for establishing clear boundaries between employment and independent contractor relationships, which is particularly important under Swiss law. It addresses key aspects such as service scope, compensation, intellectual property rights, and data protection requirements while ensuring compliance with Swiss regulatory requirements, including the Swiss Code of Obligations and relevant social security regulations. The agreement is structured to protect both parties' interests while maintaining the flexibility needed in consulting relationships, making it suitable for various industries and consulting arrangements.
Suggested Sections

1. Parties: Identification of the contracting parties - the client company and the consultant, including full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fees and Payment Terms: Consultant's compensation, payment schedule, and expense reimbursement

7. Independent Contractor Status: Clear statement of consultant's self-employed status and relationship with client

8. Obligations of the Consultant: Consultant's duties, standards of service, and availability

9. Obligations of the Client: Client's responsibilities, including provision of necessary information and resources

10. Intellectual Property Rights: Ownership and rights to work products created during the engagement

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with Swiss data protection laws and handling of personal data

13. Liability and Indemnification: Extent of consultant's liability and indemnification obligations

14. Insurance: Required insurance coverage to be maintained by the consultant

15. Governing Law and Jurisdiction: Application of Swiss law and jurisdiction for dispute resolution

16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Non-Competition: Restrictions on consultant's competing activities - optional but common for specialized consultants

2. Non-Solicitation: Restrictions on soliciting client's employees or customers - used when consultant has significant client contact

3. Performance Metrics: Specific KPIs or performance standards - relevant for longer-term or project-based engagements

4. Equipment and Resources: Provisions regarding tools and resources provided by client - needed if client provides significant equipment

5. Substitution Rights: Right to provide substitute consultant - relevant for consulting companies rather than individuals

6. Force Majeure: Provisions for unforeseen circumstances preventing performance - particularly relevant post-COVID

7. Assignment Rights: Right to assign the agreement - important for larger consulting firms

8. Exit Provisions: Detailed procedures for contract termination - important for complex long-term engagements

Suggested Schedules

1. Schedule A - Services Description: Detailed scope of work, deliverables, and timelines

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule C - Key Personnel: List of key consultant personnel assigned to the project

4. Schedule D - Service Levels: Specific performance standards and metrics if applicable

5. Appendix 1 - Data Processing Agreement: Detailed provisions for handling personal data under Swiss law

6. Appendix 2 - Confidentiality Agreement: Detailed confidentiality terms and requirements

7. Appendix 3 - Insurance Requirements: Specific insurance coverage requirements and limits

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

Technology

Financial Services

Healthcare

Management Consulting

Information Technology

Professional Services

Manufacturing

Education

Pharmaceuticals

Real Estate

Energy

Telecommunications

Engineering

Marketing and Advertising

Research and Development

Relevant Teams

Legal

Human Resources

Procurement

Finance

Compliance

Operations

Project Management

Business Development

Contract Management

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

HR Director

Procurement Manager

Project Manager

Department Head

Operations Director

Business Development Manager

Compliance Officer

Contract Manager

Finance Manager

HR Business Partner

Managing Director

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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