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Business Advisor Agreement
"I need a Business Advisor Agreement for my tech startup to engage a financial advisory firm for a 12-month period starting January 2025, with specific provisions for protecting our intellectual property and maintaining confidentiality of our upcoming funding round."
1. Parties: Identifies and provides full details of the parties entering into the agreement - the Business Advisor and the Client
2. Background: Provides context for the agreement and brief description of why the parties are entering into this arrangement
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Appointment and Scope of Services: Details the formal appointment of the advisor and outlines the specific services to be provided
5. Term and Termination: Specifies the duration of the agreement and conditions for termination
6. Fees and Payment Terms: Details the compensation structure, payment schedule, and related terms
7. Obligations of the Advisor: Lists the responsibilities and commitments of the business advisor
8. Obligations of the Client: Specifies the client's responsibilities and commitments
9. Confidentiality: Defines confidential information and outlines confidentiality obligations
10. Intellectual Property Rights: Addresses ownership and usage rights of any IP created during the engagement
11. Representations and Warranties: Contains standard warranties and representations from both parties
12. Limitation of Liability: Sets out the extent and limitations of the advisor's liability
13. General Provisions: Contains standard boilerplate clauses including notices, entire agreement, and governing law
1. Non-Compete: Restrictions on advisor's ability to work with competitors - include when dealing with sensitive industry information or competitive markets
2. Non-Solicitation: Prevents advisor from soliciting client's employees or customers - relevant when advisor has significant contact with client's stakeholders
3. Insurance: Requirements for professional indemnity or other insurance - include when services involve high-value transactions or significant risk
4. Compliance with Laws: Specific regulatory compliance obligations - include when operating in regulated industries
5. Force Majeure: Provisions for unforeseen circumstances - particularly relevant post-COVID or in volatile markets
6. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors - include when flexibility in service delivery is needed
7. Data Protection: Specific data handling and protection requirements - include when personal or sensitive data is involved
8. Anti-Corruption: Anti-bribery and corruption provisions - include when dealing with government entities or in high-risk sectors
1. Schedule 1 - Scope of Services: Detailed description of services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Key Personnel: List of key team members and their roles in providing the services
4. Schedule 4 - Service Levels: Specific performance metrics and service level requirements
5. Appendix A - Reporting Requirements: Format and frequency of required reports and updates
6. Appendix B - Compliance Checklist: Specific regulatory or compliance requirements applicable to the services
Authors
Management Consulting
Professional Services
Financial Services
Technology
Manufacturing
Healthcare
Retail
Real Estate
Education
Energy
Telecommunications
E-commerce
Infrastructure
Agriculture
Pharmaceuticals
Legal
Finance
Procurement
Operations
Business Development
Strategy
Risk Management
Compliance
Corporate Governance
Project Management
Executive Leadership
Administrative
Chief Executive Officer
Managing Director
Chief Financial Officer
Business Consultant
Management Consultant
Strategic Advisor
Operations Director
Business Development Manager
Legal Counsel
Procurement Manager
Finance Director
Company Secretary
Risk Manager
Compliance Officer
Project Manager
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