Business Advisory Agreement Template for Australia

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Key Requirements PROMPT example:

Business Advisory Agreement

"I need a Business Advisory Agreement for my tech startup in Sydney, engaging a strategic advisor who will help with our Series A funding round starting March 2025, including success fee provisions and strict confidentiality clauses."

Document background
A Business Advisory Agreement is essential for formalizing professional advisory relationships in the Australian business context. This document is typically used when engaging external business advisors, consultants, or advisory firms to provide strategic, operational, or specialized business guidance. The agreement, governed by Australian law, includes crucial elements such as scope of services, fee structures, confidentiality provisions, and professional obligations. It protects both parties' interests while ensuring compliance with relevant Australian legislation, including the Corporations Act 2001 and Competition and Consumer Act 2010. The document is particularly important for maintaining professional standards and establishing clear expectations in business advisory relationships.
Suggested Sections

1. Parties: Identification of the advisor and the client, including full legal names, ABN/ACN, and registered addresses

2. Background: Context of the agreement, brief description of the advisor's expertise and the client's requirements

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the advisory services to be provided, including any specific deliverables

5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination

6. Fees and Payment: Fee structure, payment terms, expenses, and invoicing arrangements

7. Obligations of the Advisor: Advisor's duties, standard of care, and service delivery commitments

8. Obligations of the Client: Client's responsibilities, including provision of information and cooperation

9. Confidentiality: Protection and handling of confidential information

10. Intellectual Property: Ownership and rights related to any IP created during the advisory relationship

11. Liability and Indemnity: Limitation of liability, indemnification provisions, and professional insurance requirements

12. General Provisions: Standard clauses including governing law, notices, amendment process, and dispute resolution

Optional Sections

1. Non-Compete: Restrictions on advisor's ability to work with competing businesses - include when dealing with sensitive industry information

2. Performance Metrics: Specific KPIs or performance standards - include when measurable outcomes are required

3. Team and Resources: Details of specific team members or resources - include when particular expertise or personnel are crucial

4. Regulatory Compliance: Specific regulatory obligations - include when operating in regulated industries

5. Data Protection: Detailed data handling procedures - include when significant personal or sensitive data is involved

6. Force Majeure: Provisions for unforeseen circumstances - include when long-term or critical services are involved

7. Success Fees: Performance-based compensation structure - include when success-based payments are part of the arrangement

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment terms

3. Schedule 3 - Service Levels: Specific service standards, response times, and performance metrics

4. Schedule 4 - Key Personnel: Details of key team members and their roles

5. Appendix A - Reporting Requirements: Format and frequency of progress reports and updates

6. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Professional Services

Management Consulting

Financial Services

Technology

Healthcare

Manufacturing

Retail

Real Estate

Education

Construction

Mining

Agriculture

Telecommunications

Energy

Transportation

Relevant Teams

Legal

Finance

Operations

Strategy

Risk Management

Compliance

Procurement

Business Development

Executive Leadership

Project Management

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Strategy Consultant

Management Consultant

Business Advisor

Operations Manager

Financial Controller

Legal Counsel

Procurement Manager

Project Manager

Risk Manager

Compliance Officer

Business Owner

Department Head

Director of Operations

Chief Financial Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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