The Advisor Contract Template is designed for Australian businesses and organizations seeking to formalize their relationships with professional advisors or consulting firms. This template is specifically crafted to comply with Australian federal and state laws, including the Independent Contractors Act 2006 and relevant professional services regulations. It provides a comprehensive framework for documenting the engagement terms, scope of services, compensation structures, and professional obligations. The template is particularly valuable when engaging external expertise across various fields, from strategic consulting to specialized professional services. It includes provisions for confidentiality, intellectual property protection, and professional liability, while maintaining flexibility to accommodate different advisory relationships and industry-specific requirements. The document structure ensures clear delineation of responsibilities, performance expectations, and risk allocation between parties.
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1. Parties: Identifies and provides full details of the contracting parties - the company/client and the advisor
2. Background: Outlines the context of the agreement, including the advisor's qualifications and the client's need for advisory services
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Scope of Services: Details the advisor's appointment and clearly defines the scope of services to be provided
5. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated
6. Fees and Payment Terms: Outlines the compensation structure, payment schedule, and expense reimbursement policies
7. Obligations of the Advisor: Details the advisor's duties, responsibilities, and standard of service
8. Obligations of the Client: Specifies what the client must provide or do to enable the advisor to perform the services
9. Confidentiality: Defines confidential information and establishes obligations for its protection
10. Intellectual Property: Addresses ownership and usage rights of any IP created during the engagement
11. Liability and Indemnification: Sets out the limitations of liability and indemnification obligations
12. Insurance: Specifies required insurance coverage the advisor must maintain
13. General Provisions: Contains standard legal provisions including governing law, notices, and amendment procedures
1. Non-Compete: Restrictions on competing activities - include when protecting business interests is crucial
2. Non-Solicitation: Prevents solicitation of clients/employees - use when advisor will have significant client contact
3. Performance Metrics: Defines specific performance standards - include when measurable outcomes are required
4. Compliance with Specific Regulations: Additional regulatory requirements - include for regulated industries (e.g., financial services)
5. Data Protection: Detailed data handling requirements - include when significant personal data processing is involved
6. Force Majeure: Provisions for unforeseen circumstances - include when service continuity is critical
7. Dispute Resolution: Specific dispute resolution procedures - include when alternative dispute resolution is preferred
8. Succession Planning: Procedures for transition of services - include for long-term or critical advisory roles
1. Schedule 1 - Scope of Services: Detailed description of specific services, deliverables, and exclusions
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
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/responsibilities
5. Appendix A - Required Qualifications: List of required qualifications, certifications, and ongoing professional development requirements
6. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the services
7. Appendix C - Reporting Templates: Standard formats for required reports and documentation
8. Appendix D - Insurance Requirements: Detailed insurance requirements including types and coverage amounts
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