The Advisory Board Agreement is essential for companies seeking to formalize relationships with external experts who provide strategic guidance but are not part of the formal board of directors. This document, governed by Swiss law, is particularly valuable for companies looking to expand their expertise, enter new markets, or gain industry insights without creating formal directorship positions. The agreement typically includes comprehensive terms covering appointment, duties, compensation, confidentiality, and intellectual property rights, all aligned with Swiss legal requirements. It's commonly used by Swiss companies or international organizations operating under Swiss law who want to ensure clear governance structures and protect both parties' interests while benefiting from external expertise.
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1. Parties: Identification of the company and the advisory board member, including full legal names and addresses
2. Background: Context of the agreement, including the company's desire to engage the advisor and the advisor's qualifications
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Formal appointment of the advisor, duration of the appointment, and renewal terms
5. Role and Responsibilities: Detailed description of the advisor's duties, expected time commitment, and participation requirements
6. Meeting Schedule and Attendance: Frequency of meetings, notice requirements, and attendance obligations
7. Compensation: Details of fees, expenses, and payment terms
8. Confidentiality: Obligations regarding confidential information and trade secrets
9. Intellectual Property: Ownership and assignment of IP created during the advisory relationship
10. Independence and Non-Employment Status: Clarification that the advisor is an independent contractor, not an employee
11. Termination: Circumstances and procedures for ending the agreement
12. Return of Company Property: Obligations upon termination regarding company materials and information
13. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Non-Competition: Restrictions on working with competitors, used when the advisor has access to highly sensitive information
2. Non-Solicitation: Restrictions on soliciting company employees or customers, included when the advisor has significant contact with key stakeholders
3. Equity Compensation: Terms of any stock options or equity grants, included when part of the compensation package
4. Insurance and Indemnification: Coverage of advisor under company insurance policies and indemnification provisions, used for high-risk advisory roles
5. Compliance with Company Policies: Obligation to comply with specific company policies, included when advisor needs access to company systems or facilities
6. Conflict of Interest: Specific provisions regarding disclosure and handling of conflicts, used when advisor has multiple board positions
7. Public Announcements: Terms for public disclosure of the advisory relationship, included for high-profile advisors or public companies
1. Schedule A - Services Description: Detailed outline of specific advisory services and expectations
2. Schedule B - Compensation Terms: Detailed breakdown of fees, payment schedule, and expense reimbursement policies
3. Schedule C - Meeting Schedule: Annual calendar of planned meetings and time commitment expectations
4. Schedule D - Company Policies: Relevant company policies that apply to advisory board members
5. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and requirements
6. Appendix 2 - Conflict Disclosure Form: Template for declaring potential conflicts of interest
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