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Business Advisor Agreement Template for South Africa

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Key Requirements PROMPT example:

Business Advisor Agreement

"I need a Business Advisor Agreement for a technology startup engaging a strategic growth advisor from February 2025, with specific focus on international expansion and Series A fundraising preparation, including robust confidentiality provisions."

Document background
The Business Advisor Agreement is essential for formalizing professional advisory relationships in the South African business environment. It is typically used when companies or individuals seek to engage professional advisors for strategic, operational, or specialized business guidance. The agreement, governed by South African law, ensures compliance with local regulations while protecting both parties' interests. It covers crucial aspects such as scope of services, compensation, confidentiality, and liability, making it suitable for various advisory arrangements from short-term consultations to long-term strategic partnerships. The document is designed to align with South African legal requirements, including the Companies Act, POPIA, and relevant industry regulations, while providing flexibility to accommodate specific business needs and circumstances.
Suggested Sections

1. Parties: Identification and details of the Business Advisor and the Client

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Formal appointment of the advisor and detailed scope of advisory services

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

6. Duties and Responsibilities: Detailed obligations of the Business Advisor

7. Client Obligations: Responsibilities and commitments of the Client

8. Fees and Payment Terms: Compensation structure, payment schedule, and related terms

9. Confidentiality: Obligations regarding confidential information handling

10. Intellectual Property: Ownership and rights to materials and deliverables

11. Limitation of Liability: Extent and limitations of advisor's liability

12. Independence: Statement of advisor's independent contractor status

13. General Provisions: Standard legal provisions including notices, amendments, governing law

Optional Sections

1. Non-Competition: Restrictions on advisor's competitive activities, used when protecting client's market position

2. International Services: Special provisions for cross-border advisory services

3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements

4. Data Protection: Specific POPIA compliance provisions, necessary when handling personal information

5. Professional Indemnity Insurance: Requirements for professional insurance coverage

6. Regulatory Compliance: Specific regulatory obligations, needed for regulated industries

7. Key Personnel: Identification of specific individuals responsible for service delivery

8. Dispute Resolution: Detailed dispute resolution procedures, useful for high-value agreements

Suggested Schedules

1. Schedule A - Scope of Services: Detailed description of specific advisory services to be provided

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

3. Schedule C - Service Levels: Performance standards and service level expectations

4. Schedule D - Key Personnel: Details of key team members and their roles

5. Schedule E - Compliance Requirements: Specific regulatory or industry compliance requirements

6. Appendix 1 - Reporting Templates: Standard formats for progress reports and deliverables

7. Appendix 2 - Communication Protocols: Procedures for routine communications and escalations

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

Professional Services

Management Consulting

Technology

Manufacturing

Retail

Healthcare

Mining

Agriculture

Education

Real Estate

Telecommunications

Energy

Transportation

Construction

Relevant Teams

Legal

Procurement

Finance

Operations

Strategy

Risk Management

Compliance

Project Management

Business Development

Executive Leadership

Administrative

Corporate Governance

Relevant Roles

Chief Executive Officer

Managing Director

Business Advisor

Management Consultant

Strategy Consultant

Operations Advisor

Financial Advisor

Business Development Manager

Legal Counsel

Procurement Manager

Contract Manager

Risk Manager

Compliance Officer

Project Manager

Chief Financial Officer

Chief Operations Officer

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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