The Startup Advisor Agreement is a crucial document for early-stage companies in Hong Kong seeking to formalize relationships with experienced professionals who can provide strategic guidance, industry expertise, or technical knowledge. This agreement type is specifically designed to address the unique needs of startups while ensuring compliance with Hong Kong's legal requirements. It typically includes provisions for both cash and equity compensation, clearly defines the advisor's role as an independent contractor, and incorporates necessary protections for intellectual property and confidential information. The document is particularly important in Hong Kong's dynamic startup ecosystem, where companies often rely on experienced advisors to help navigate growth challenges and market opportunities. The agreement should be used when engaging any external advisor who will provide ongoing strategic guidance to the startup, whether in technical, business, or industry-specific matters.
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1. Parties: Identification of the company and the advisor, including their respective addresses and registration details
2. Background: Context of the agreement, including the company's business and the advisor's expertise
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Scope of advisor's appointment, commencement date, and duration of the agreement
5. Services: Detailed description of advisory services to be provided
6. Time Commitment: Expected hours/days of commitment and availability requirements
7. Compensation: Advisory fees, equity compensation (if any), and payment terms
8. Independent Contractor Status: Clear statement of advisor's status as independent contractor, not employee
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Intellectual Property: Ownership and assignment of IP created during the advisory relationship
11. Conflicts of Interest: Restrictions on competing activities and disclosure requirements
12. Termination: Circumstances and process for ending the agreement
13. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Equity Compensation Terms: Detailed terms of any equity grants, vesting schedules, and related conditions - include when advisor receives equity compensation
2. Expenses: Terms for reimbursement of expenses - include when advisor may incur business expenses
3. Non-Competition: Restrictions on working with competitors - include for advisors in sensitive positions or with access to highly confidential information
4. Insurance: Requirements for professional liability insurance - include for high-risk advisory roles
5. Board Observer Rights: Terms for attendance at board meetings - include when advisor is granted board observer status
6. Indemnification: Mutual or one-way indemnification provisions - include for high-risk engagements
7. Performance Metrics: Specific KPIs or performance expectations - include when compensation is tied to performance
1. Schedule 1: Services Description: Detailed scope of advisory services and specific responsibilities
2. Schedule 2: Compensation Details: Detailed breakdown of all forms of compensation, including payment schedules
3. Schedule 3: Equity Terms: Details of any equity compensation, including vesting schedule and conditions
4. Schedule 4: Confidential Information: Specific categories of confidential information to be protected
5. Appendix A: Conflict Disclosure Form: Template for advisor to disclose any potential conflicts of interest
6. Appendix B: Expense Policy: Guidelines for expense reimbursement if applicable
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