The Startup Advisor Agreement is a crucial document for Philippine startups seeking to formally engage experienced professionals for strategic guidance and mentorship. This agreement is typically used when a startup wants to bring on board advisors who can provide valuable insights, industry connections, and expertise in specific areas such as technology, market expansion, or fundraising. The document, compliant with Philippine law, carefully balances the interests of both parties by clearly defining the advisory relationship, compensation structure (including both cash and equity components), time commitments, confidentiality obligations, and intellectual property rights. It's particularly important in the Philippine startup ecosystem where formal advisory relationships need to be clearly distinguished from employment or directorship roles to avoid legal complications.
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1. Parties: Identifies the contracting parties - the startup company and the advisor, including their complete legal names and addresses
2. Background: Contextualizes the agreement, stating the startup's desire for advisory services and the advisor's qualifications and willingness to provide them
3. Definitions: Defines key terms used throughout the agreement including 'Services', 'Confidential Information', and 'Intellectual Property'
4. Appointment and Scope: Establishes the advisor's appointment and details the specific advisory services to be provided
5. Term and Commitment: Specifies the duration of the agreement and the time commitment expected from the advisor
6. Compensation: Details the advisor's compensation structure, including cash fees and/or equity compensation
7. Confidentiality: Outlines confidentiality obligations and restrictions on the use of proprietary information
8. Intellectual Property: Addresses ownership and rights to any intellectual property created during the advisory relationship
9. Independent Contractor Status: Clarifies that the advisor is an independent contractor, not an employee
10. Representations and Warranties: Contains basic representations from both parties regarding their capacity and authority to enter into the agreement
11. Termination: Specifies conditions and procedures for terminating the advisory relationship
12. General Provisions: Includes standard boilerplate clauses such as governing law, notices, and entire agreement
1. Non-Competition: Restricts advisor from working with competing startups - include when advisor has access to highly sensitive competitive information
2. Equity Vesting: Details the vesting schedule for any equity compensation - include when equity is part of compensation
3. Expense Reimbursement: Outlines policy for reimbursing advisor's expenses - include when advisor may incur expenses on company's behalf
4. Performance Metrics: Establishes specific performance goals or metrics - include when compensation or continuation is tied to specific outcomes
5. Board Observer Rights: Grants advisor right to attend board meetings - include for senior advisors with strategic involvement
6. Dispute Resolution: Specifies arbitration or mediation procedures - include when parties prefer alternative dispute resolution
7. Insurance: Requires professional liability insurance - include for advisors providing specialized professional services
1. Schedule A - Services Description: Detailed outline of specific advisory services and responsibilities
2. Schedule B - Compensation Terms: Detailed breakdown of compensation structure, including any equity calculations
3. Schedule C - Approved Outside Activities: List of advisor's pre-approved commitments to other companies or ventures
4. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and procedures
5. Appendix 2 - Equity Documentation: Forms and terms related to any equity compensation
6. Appendix 3 - Contact Details: Complete contact information for notices and communications
Relevant legal definitions
Clauses
Relevant Industries
Technology
E-commerce
Financial Technology
Healthcare Technology
Education Technology
Software Development
Biotechnology
Clean Technology
Agricultural Technology
Digital Media
Retail Innovation
Manufacturing
Consumer Services
Professional Services
Social Enterprise
Relevant Teams
Legal
Executive Leadership
Corporate Development
Business Development
Finance
Operations
Strategy
Innovation
Venture Development
Corporate Secretary Office
Relevant Roles
Chief Executive Officer
Founder
Co-founder
Chief Legal Officer
General Counsel
Legal Director
Chief Financial Officer
Business Development Director
Startup Advisor
Industry Expert
Technical Advisor
Strategic Consultant
Venture Partner
Innovation Director
Corporate Development Manager
Operations Director
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