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Marketing Consultant Contract

Marketing Consultant Contract Template for Switzerland

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Key Requirements PROMPT example:

Marketing Consultant Contract

"I need a Marketing Consultant Contract under Swiss law for a tech startup hiring a digital marketing specialist starting March 2025, with specific provisions for social media campaigns, performance metrics, and protection of our proprietary technology."

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Document background
The Marketing Consultant Contract is essential for businesses engaging external marketing expertise in Switzerland. This document is specifically designed to comply with Swiss law, particularly the Swiss Code of Obligations (OR) and relevant federal acts concerning business relationships, data protection, and intellectual property. It's typically used when a company needs specialized marketing services but prefers not to hire full-time employees. The contract covers crucial aspects such as scope of services, compensation, intellectual property rights, confidentiality, data protection, and the consultant's independent contractor status. It's particularly important for establishing clear deliverables, payment terms, and professional obligations while protecting both parties' interests under Swiss jurisdiction.
Suggested Sections

1. Parties: Identification of the contracting parties - the client and the marketing consultant, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement and brief description of the parties' intent to enter into a marketing consultancy arrangement

3. Definitions: Key terms used throughout the agreement defined for clarity and consistency

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

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

6. Fees and Payment Terms: Consultant's compensation, payment schedule, expenses, and invoicing procedures

7. Obligations of the Consultant: Consultant's duties, responsibilities, and service standards

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

9. Intellectual Property Rights: Ownership and usage rights of marketing materials and deliverables

10. Confidentiality: Protection of confidential information and trade secrets

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

12. Independent Contractor Status: Clarification of the consultant's status as an independent contractor

13. Liability and Indemnification: Extent of liability and indemnification obligations

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

Optional Sections

1. Non-Competition: Restrictions on consultant's ability to work with competitors (include when protecting market position is crucial)

2. Non-Solicitation: Restrictions on soliciting employees or clients (include for high-level consultants with significant client contact)

3. Insurance: Requirements for professional liability insurance (include for high-value or high-risk projects)

4. Performance Metrics: Specific KPIs and performance evaluation criteria (include when performance-based compensation is involved)

5. Milestone Payments: Payment structure tied to specific deliverables (include for project-based arrangements)

6. Subcontracting: Terms for engaging subcontractors (include when subcontracting may be necessary)

7. Force Majeure: Provisions for unforeseen circumstances (include for long-term or complex projects)

8. Marketing Budget Management: Terms for handling client's marketing budget (include when consultant manages client funds)

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of marketing services, deliverables, and timelines

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

3. Schedule C - Service Level Agreement: Specific performance standards and response times

4. Schedule D - Approved Subcontractors: List of pre-approved subcontractors if applicable

5. Appendix 1 - Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss law

6. Appendix 2 - Brand Guidelines: Client's branding requirements and guidelines

7. Appendix 3 - Reporting Templates: Standard formats for activity and performance reporting

8. Appendix 4 - Contact Details: Key contact persons and escalation procedures

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions














































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Relevant Industries

Retail

E-commerce

Financial Services

Technology

Healthcare

Manufacturing

Professional Services

Consumer Goods

Hospitality

Entertainment

Education

Non-profit

Real Estate

Telecommunications

Automotive

Relevant Teams

Marketing

Legal

Finance

Procurement

Business Development

Communications

Brand Management

Digital Marketing

Contract Administration

Human Resources

Project Management

Relevant Roles

Marketing Director

Chief Marketing Officer

Marketing Manager

Brand Manager

Legal Counsel

Procurement Manager

Finance Director

Business Development Manager

Communications Director

Digital Marketing Manager

Product Marketing Manager

Marketing Consultant

Contract Manager

HR Director

Project Manager

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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