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Senior Advisor Agreement

Senior Advisor Agreement Template for Australia

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Key Requirements PROMPT example:

Senior Advisor Agreement

"I need a Senior Advisor Agreement for engaging a cybersecurity expert to provide strategic guidance to our fintech startup for 2 days per month, starting March 2025, with strict confidentiality provisions and the ability to participate in board meetings."

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Document background
This Senior Advisor Agreement is designed for use in the Australian business context where organizations seek to formally engage experienced professionals in advisory capacities. The document is particularly relevant when businesses require strategic guidance, industry expertise, or specialized knowledge without creating a traditional employment relationship. It addresses key aspects such as scope of services, compensation, confidentiality, and compliance with Australian regulatory requirements, including relevant provisions of the Fair Work Act 2009 and other applicable legislation. The agreement is structured to protect both parties' interests while maintaining the flexibility often required in advisory relationships, making it suitable for various industries and business contexts where senior-level expertise is needed.
Suggested Sections

1. Parties: Identifies and defines the contracting parties - typically the company and the senior advisor

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Appointment and Term: Details of the appointment, commencement date, and duration of the agreement

5. Role and Responsibilities: Detailed description of the advisor's duties, obligations, and scope of services

6. Time Commitment: Expected time commitment and availability requirements

7. Remuneration and Benefits: Details of fees, payment terms, and any additional benefits

8. Expenses: Policy on reimbursement of expenses and approval processes

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Intellectual Property: Ownership and protection of intellectual property created during the engagement

11. Conflicts of Interest: Requirements for disclosure and management of conflicts

12. Termination: Grounds for termination and associated procedures

13. Post-Termination Obligations: Continuing obligations after the agreement ends

14. General Provisions: Standard legal provisions including governing law, notices, and entire agreement

Optional Sections

1. Performance Review: Include when regular performance reviews are part of the engagement

2. Equity Participation: Include when the advisor is offered equity or share options

3. Insurance: Include when specific insurance requirements are imposed on the advisor

4. Key Performance Indicators: Include when specific performance metrics will be used to evaluate the advisor

5. External Commitments: Include when the advisor maintains other professional commitments

6. Succession Planning: Include when the advisor has responsibilities for training or knowledge transfer

7. Travel Requirements: Include when the role involves significant travel obligations

8. Board Participation: Include when the advisor may participate in board meetings or committees

Suggested Schedules

1. Schedule 1 - Services Description: Detailed scope of advisory services and deliverables

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, payment schedules, and performance-based compensation

3. Schedule 3 - Expense Policy: Detailed policy on allowable expenses and reimbursement procedures

4. Schedule 4 - Confidential Information: Specific list of confidential information and handling requirements

5. Schedule 5 - Approved External Commitments: List of pre-approved external professional commitments

6. Appendix A - Company Policies: Relevant company policies applicable to the advisor

7. Appendix B - Reporting Requirements: Templates and procedures for required reports and updates

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Advisor
Advisor Services
Approved Expenses
Business
Business Day
Client
Commencement Date
Company
Company Group
Company Policies
Confidential Information
Conflict of Interest
Deliverables
Effective Date
Fee
Force Majeure Event
GST
Intellectual Property
Intellectual Property Rights
Key Performance Indicators
Material Breach
Notice
Payment Terms
Performance Review
Pre-existing IP
Professional Standards
Related Bodies Corporate
Representative
Services
Service Hours
Service Location
Strategic Advice
Term
Termination Date
Territory
Third Party
Trade Secrets
Work Product
Clauses
Appointment
Services
Term
Remuneration
Performance Requirements
Time Commitment
Expenses
Confidentiality
Intellectual Property
Data Protection
Conflicts of Interest
Non-Competition
Non-Solicitation
Independence
Representations and Warranties
Termination
Force Majeure
Liability and Indemnification
Insurance
Assignment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Variation
Severability
Waiver
Relationship of Parties
GST
Compliance with Laws
Company Policies
Record Keeping
Reporting Requirements
Anti-Bribery and Corruption
Force Majeure
Relevant Industries

Financial Services

Technology

Healthcare

Mining and Resources

Professional Services

Manufacturing

Energy

Telecommunications

Real Estate

Education

Corporate Advisory

Retail

Infrastructure

Media and Entertainment

Relevant Teams

Legal

Human Resources

Executive Office

Corporate Development

Strategy

Operations

Finance

Governance

Risk Management

Compliance

Relevant Roles

Chief Advisory Officer

Strategic Advisor

Senior Business Advisor

Executive Advisor

Technical Advisor

Industry Specialist

Subject Matter Expert

Non-Executive Advisor

Senior Consultant

Strategic Planning Advisor

Management Advisor

Advisory Board Member

Industries
Fair Work Act 2009 (Cth): Primary federal legislation governing employment relationships, including minimum employment standards, workplace rights, and unfair dismissal provisions
Work Health and Safety Act 2011 (Cth): Sets out workplace health and safety obligations and duties of care for both employers and workers
Privacy Act 1988 (Cth): Regulates the handling of personal information and data privacy obligations in the employment context
Competition and Consumer Act 2010 (Cth): Relevant for restraint of trade and non-compete provisions, particularly important for senior roles
Corporations Act 2001 (Cth): Relevant for duties of senior employees, especially if they may be considered officers of the company
Income Tax Assessment Act 1997 (Cth): Governs taxation obligations related to employment income and benefits
Superannuation Guarantee (Administration) Act 1992 (Cth): Mandates superannuation contributions for employees
Copyright Act 1968 (Cth): Relevant for intellectual property provisions in the employment context
State-specific Employment Laws: Various state-based laws that may apply depending on the location of employment, including long service leave provisions
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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