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Engagement Agreement for Hong Kong

Engagement Agreement Template for Hong Kong

A comprehensive legal document governed by Hong Kong law that establishes and regulates the professional relationship between a service provider and a client. This agreement outlines the scope of services, compensation terms, obligations of both parties, confidentiality requirements, and other essential terms of engagement. It incorporates Hong Kong-specific legal requirements, including compliance with the Employment Ordinance and other relevant legislation, while maintaining clear distinctions between employment and independent contractor relationships. The document provides a robust framework for professional engagements while ensuring compliance with Hong Kong's regulatory environment.

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What is a Engagement Agreement?

The Engagement Agreement serves as a fundamental document for establishing professional service relationships in Hong Kong's business environment. It is commonly used when engaging independent contractors, consultants, or professional service providers for specific projects or ongoing services. The agreement ensures clarity in the business relationship while complying with Hong Kong's legal framework, including the Employment Ordinance, Contracts Ordinance, and relevant business regulations. It typically includes detailed provisions on service scope, payment terms, intellectual property rights, confidentiality, and termination conditions, while carefully distinguishing the engagement from an employment relationship. This document is essential for protecting both parties' interests and establishing clear expectations in professional service arrangements.

What sections should be included in a Engagement Agreement?

1. Parties: Identifies and provides full details of the engaging entity and the engaged party, including business registration numbers and addresses

2. Background: Sets out the context of the engagement and brief description of the parties' business activities

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

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

5. Term and Commencement: Specifies the duration of the engagement and start date

6. Fees and Payment Terms: Details of compensation, payment schedule, and invoicing requirements

7. Obligations of the Parties: Lists the specific duties and responsibilities of both parties

8. Confidentiality: Provisions protecting confidential information exchanged during the engagement

9. Intellectual Property Rights: Addresses ownership and usage rights of any IP created during the engagement

10. Termination: Conditions and procedures for ending the engagement

11. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

12. Execution: Signature blocks and execution formalities

What sections are optional to include in a Engagement Agreement?

1. Non-Competition: Restrictions on competitive activities, used when the engaged party will have access to sensitive business information

2. Non-Solicitation: Prevents solicitation of clients or employees, included when there's risk of client or employee poaching

3. Insurance: Insurance requirements, included when the services involve significant risks or regulatory requirements

4. Data Protection: Detailed data handling procedures, required when personal data processing is involved

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

6. Compliance with Laws: Specific regulatory compliance requirements, included when the services are in regulated industries

7. Assignment and Subcontracting: Rules about transferring rights or subcontracting work, needed when delegation might be necessary

8. Dispute Resolution: Specific procedures for handling disputes, important for high-value or complex engagements

What schedules should be included in a Engagement Agreement?

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

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

3. Schedule 3 - Key Personnel: Lists key team members and their roles in the engagement

4. Schedule 4 - Service Levels: Performance metrics and service level requirements

5. Appendix A - Required Forms and Documents: Templates for reports, invoices, or other standard documents

6. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the engagement

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Confirmation Letter

Sector

Sales

Cost

Free to use
Relevant legal definitions









































Clauses



































Relevant Industries

Professional Services

Consulting

Information Technology

Financial Services

Legal Services

Management Consulting

Engineering

Healthcare

Education and Training

Real Estate

Marketing and Advertising

Business Advisory

Architecture and Design

Relevant Teams

Legal

Human Resources

Procurement

Operations

Finance

Compliance

Risk Management

Business Development

Project Management

Administration

Corporate Secretarial

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

HR Director

Procurement Manager

Project Manager

Operations Director

Finance Director

Compliance Officer

Business Development Manager

Department Head

Contract Administrator

Risk Manager

Company Secretary

Professional Consultant

Independent Contractor

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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