The Advisor Agreement Template is a essential legal document designed for use in the Australian business context when engaging professional advisors or consulting firms. This template is specifically crafted to comply with Australian federal and state regulations, providing a comprehensive framework for establishing advisory relationships across various sectors. The agreement includes crucial provisions for defining services, protecting both parties' interests, and ensuring regulatory compliance. It's particularly valuable for businesses seeking to formalize relationships with external advisors, consultants, or professional service providers. The template addresses key areas such as scope of work, compensation, confidentiality, intellectual property rights, and liability limitations, while incorporating necessary provisions to comply with Australian consumer law, privacy regulations, and professional standards requirements.
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1. Parties: Identification of the advisor and the client, including full legal names, ABN/ACN, and registered addresses
2. Background: Context of the agreement, including advisor's qualifications and general purpose of the engagement
3. Definitions: Key terms used throughout the agreement, ensuring clear interpretation
4. Scope of Services: Detailed description of advisory services to be provided
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Fees and Payment: Compensation structure, payment terms, and expenses
7. Obligations of the Advisor: Advisor's duties, standard of care, and service delivery commitments
8. Client Obligations: Client's responsibilities, including providing information and cooperation
9. Confidentiality: Protection and handling of confidential information
10. Intellectual Property: Ownership and rights to materials and deliverables
11. Liability and Indemnification: Limitation of liability and mutual indemnification provisions
12. Insurance: Required insurance coverage and maintenance
13. Dispute Resolution: Process for handling disputes and applicable jurisdiction
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Regulatory Compliance: Include when advisor must comply with specific regulatory frameworks (e.g., financial services, legal services)
2. Non-Compete: Include when advisor should be restricted from working with competitors
3. Non-Solicitation: Include when protecting against solicitation of employees or clients is necessary
4. Performance Metrics: Include when specific performance standards or KPIs need to be met
5. Subcontracting: Include when advisor may need to engage subcontractors
6. Data Protection: Include when handling sensitive personal or business data
7. Force Majeure: Include when needing specific provisions for unforeseen circumstances
8. Change Control: Include when scope of services may need formal variation procedures
1. Schedule 1 - Detailed Services Description: Comprehensive breakdown of services, methodologies, and deliverables
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment milestones
3. Schedule 3 - Service Levels: Specific performance standards, response times, and quality metrics
4. Schedule 4 - Key Personnel: Details of key team members and their roles
5. Schedule 5 - Compliance Requirements: Specific regulatory or professional requirements applicable to the services
6. Appendix A - Required Forms: Standard forms for reporting, invoicing, or service requests
7. Appendix B - Insurance Requirements: Detailed insurance coverage requirements and certificates
8. Appendix C - Policies and Procedures: Relevant internal policies or procedures that govern service delivery
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