Advisory Agreement

Advisory Agreement Template for Denmark

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Document background

The Advisory Agreement serves as a crucial legal framework for establishing professional advisory relationships under Danish law. This document is essential when engaging external advisors, consultants, or professional service providers for specific expertise or ongoing advisory services. The agreement typically defines the scope of advisory services, delivery mechanisms, payment terms, and professional obligations while ensuring compliance with Danish regulatory requirements and EU regulations. It includes specific provisions for confidentiality, data protection, and intellectual property rights, making it suitable for various advisory contexts from business consulting to specialized professional services. The Advisory Agreement is particularly important in the Danish business environment where clear contractual terms and professional standards are highly valued, and it helps protect both parties' interests while ensuring regulatory compliance.

Suggested Sections

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

2. Background: Context of the advisory relationship and purpose of the agreement

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

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

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

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

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

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

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Data Protection: GDPR compliance and data handling procedures

11. Intellectual Property: Ownership and usage rights of materials and deliverables

12. Liability and Indemnification: Limitation of liability and indemnification provisions

13. Force Majeure: Circumstances excusing performance of obligations

14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

15. General Provisions: Miscellaneous legal provisions including assignment, severability, and entire agreement

Optional Sections

1. Non-Competition: Restrictions on advisor's ability to work with competing clients, used when sensitive industry knowledge is involved

2. Insurance: Requirements for professional liability insurance, typically included for high-value or high-risk advisory services

3. Service Levels: Specific performance metrics and standards, included when quantifiable service levels are required

4. Regulatory Compliance: Specific regulatory obligations, included when advisory services are in regulated industries

5. Sub-contractors: Terms governing the use of sub-contractors or associated advisors, included when external expertise might be needed

6. Change Control: Procedures for modifying the scope of services, included in complex or long-term advisory relationships

7. Dispute Resolution: Alternative dispute resolution procedures, included when parties prefer mediation or arbitration over court proceedings

Suggested Schedules

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

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

3. Schedule 3 - Key Personnel: List of key individuals involved in providing the advisory services

4. Schedule 4 - Service Levels: Detailed performance metrics and quality standards

5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures

6. Appendix A - Required Information: List of information and documents the client must provide

7. Appendix B - Reporting Templates: Standard formats for reports and deliverables

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