Business Development Contract Template for Switzerland

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Key Requirements PROMPT example:

Business Development Contract

"I need a Business Development Contract for engaging a consultant to expand our Swiss software company into German and Austrian markets starting January 2025, with quarterly performance targets and a mix of fixed fee and success-based compensation."

Document background
The Business Development Contract is essential for companies operating in Switzerland who wish to formalize their business development relationships and ensure clear understanding of responsibilities, deliverables, and compensation structures. This document type is particularly relevant in the Swiss business environment, where precision and clarity in contractual relationships are highly valued. The contract addresses key aspects such as territory rights, performance metrics, confidentiality obligations, and intellectual property protection, all within the framework of Swiss law. It is commonly used when engaging external business development professionals or firms, establishing strategic partnerships, or structuring internal business development activities. The document must comply with Swiss legal requirements, particularly the Code of Obligations (OR) and relevant federal acts governing business relationships and commercial activities.
Suggested Sections

1. Parties: Identification of the contracting parties with full legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the parties' business relationship

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

4. Scope of Services: Detailed description of business development services to be provided

5. Term and Territory: Duration of the agreement and geographical scope of services

6. Compensation and Payment Terms: Fee structure, payment schedule, and related financial terms

7. Performance Metrics: Key performance indicators and evaluation criteria

8. Obligations of the Parties: Specific responsibilities and obligations of each party

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property Rights: Ownership and usage rights of IP created during the business development activities

11. Representations and Warranties: Standard warranties and representations by both parties

12. Termination: Conditions and procedures for terminating the agreement

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Non-Competition: Restrictions on competitive activities - include when exclusivity is required

2. Data Protection: Specific provisions for handling personal data - include when processing personal data

3. Force Majeure: Provisions for unforeseen circumstances - important for long-term contracts

4. Insurance: Insurance requirements - include when services involve significant risks

5. Compliance with Laws: Specific regulatory compliance obligations - include for regulated industries

6. Training and Support: Details of training provided - include when knowledge transfer is required

7. Audit Rights: Right to audit performance and records - include for performance-based compensation

8. Assignment and Subcontracting: Rights to transfer obligations - include when flexibility needed

Suggested Schedules

1. Schedule A - Service Level Agreement: Detailed performance metrics and service levels

2. Schedule B - Compensation Structure: Detailed fee calculations, commission rates, and payment terms

3. Schedule C - Territory Definition: Detailed description of geographical coverage and any exclusions

4. Schedule D - Reporting Requirements: Templates and timing for regular reporting

5. Schedule E - Key Personnel: List of key team members and their roles

6. Appendix 1 - Marketing Guidelines: Guidelines for marketing and representation of the business

7. Appendix 2 - Compliance Procedures: Detailed compliance requirements and procedures

8. Appendix 3 - Contact Details: List of key contacts and escalation procedures

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 legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Manufacturing

Professional Services

Healthcare

Retail

Consumer Goods

Telecommunications

Energy

Life Sciences

Real Estate

Software

Consulting

International Trade

Relevant Teams

Business Development

Legal

Commercial

Sales

Strategic Partnerships

Corporate Development

Marketing

Finance

Operations

Compliance

Strategy

Relevant Roles

Business Development Manager

Chief Commercial Officer

Strategic Partnerships Director

Sales Director

Managing Director

Chief Executive Officer

Legal Counsel

Contract Manager

Business Development Representative

Market Development Manager

Commercial Director

Growth Manager

Alliance Manager

Business Strategy Manager

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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