The Business Advisor Agreement is a crucial document used when engaging professional consultants or advisory firms to provide strategic, operational, or specialized business guidance in the Philippines. This agreement is essential for companies seeking external expertise while maintaining clear professional boundaries and protecting both parties' interests. The document must comply with Philippine legislation, including the Civil Code, Labor Code, and relevant business regulations. It typically includes detailed service specifications, compensation terms, confidentiality provisions, and intellectual property protection. The agreement is particularly important for establishing clear independent contractor relationships, avoiding employment misclassification issues, and ensuring compliance with local tax and regulatory requirements. Whether engaging individual consultants or larger advisory firms, this agreement serves as the foundation for a professional advisory relationship while providing legal protection for all parties involved.
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1. Parties: Identification of the advisor and the client company, including full legal names, addresses, and registration details
2. Background: Context of the agreement, brief description of the client's business, and the purpose for engaging the advisor
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', 'Confidential Information', etc.
4. Appointment and Scope: Formal appointment of the advisor and detailed description of the advisory services to be provided
5. Term: Duration of the agreement, including start date and initial term
6. Advisor's Obligations: Detailed responsibilities, service standards, and performance expectations of the advisor
7. Client's Obligations: Client's responsibilities, including providing necessary information and cooperation
8. Fees and Payment: Compensation structure, payment terms, expenses, and invoicing procedures
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Intellectual Property: Ownership and rights to work products, pre-existing IP, and developed materials
11. Non-Competition and Non-Solicitation: Restrictions on competitive activities and solicitation of employees/clients
12. Termination: Grounds for termination, notice requirements, and consequences of termination
13. General Provisions: Standard clauses including governing law, notices, amendments, and dispute resolution
1. Performance Metrics: Include when specific KPIs or performance standards need to be measured and monitored
2. Compliance with Anti-Corruption Laws: Add when services involve government interactions or high-risk sectors
3. Data Protection: Include when services involve processing personal or sensitive data
4. Insurance: Add when specific insurance coverage requirements are needed for the services
5. Force Majeure: Include when needed to address potential disruptions beyond parties' control
6. Assignment and Subcontracting: Add when there's possibility of service delegation or corporate restructuring
7. Audit Rights: Include when client requires right to audit advisor's services or billing
8. Marketing and Publicity: Add when addressing use of client's name/logo or case studies is relevant
1. Schedule A - Scope of Services: Detailed description of advisory services, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, payment milestones, and expense policies
3. Schedule C - Key Personnel: List of key advisor personnel assigned to provide the services
4. Schedule D - Service Levels: Specific performance standards, response times, and quality metrics
5. Appendix 1 - Reporting Requirements: Templates and requirements for progress reports and deliverables
6. Appendix 2 - Compliance Procedures: Specific procedures for maintaining regulatory compliance
7. Appendix 3 - Confidentiality Agreement: Detailed NDA terms if separate from main agreement
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