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Engagement Agreement Template for Switzerland

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Key Requirements PROMPT example:

Engagement Agreement

I need an engagement agreement for a freelance consultant who will provide strategic marketing services for a 6-month project, with a deliverable-based payment structure. The agreement should include confidentiality clauses, a provision for intellectual property rights, and a termination clause with a 30-day notice period.

What is an Engagement Agreement?

An Engagement Agreement spells out the professional relationship between a service provider and their client in Switzerland. It details what services will be performed, how much they'll cost, and when they'll be delivered - creating clarity for both parties from day one.

Under Swiss contract law (Code of Obligations), these agreements protect everyone involved by setting clear expectations about confidentiality, liability limits, and dispute resolution. They're especially common among lawyers, consultants, and financial advisors who need to document their scope of work and responsibilities before starting complex projects.

When should you use an Engagement Agreement?

Start with an Engagement Agreement before beginning any significant professional service arrangement in Switzerland. This is crucial when hiring consultants, financial advisors, or legal counsel - especially for complex projects or when significant fees are involved.

Swiss business practice makes these agreements particularly important during mergers and acquisitions, major audits, or long-term consulting projects. They protect both parties by clearly defining deliverables, timelines, and fees upfront. Getting this in place early prevents misunderstandings about scope and responsibilities that could lead to disputes under Swiss contract law.

What are the different types of Engagement Agreement?

Who should typically use an Engagement Agreement?

  • Professional Service Providers: Lawyers, consultants, accountants, and financial advisors who draft and issue Engagement Agreements to define their services and protect their interests
  • Corporate Clients: Companies seeking professional services, often represented by their legal departments or management teams who review and negotiate terms
  • Small Business Owners: Entrepreneurs who need clear documentation of service arrangements with their advisors
  • Legal Counsel: In-house or external lawyers who review and customize agreements to ensure compliance with Swiss law
  • Compliance Officers: Internal specialists who ensure agreements meet regulatory requirements and corporate governance standards

How do you write an Engagement Agreement?

  • Service Details: Clearly outline the scope, deliverables, timelines, and specific responsibilities of all parties
  • Fee Structure: Document payment terms, rates, expenses, and billing schedules aligned with Swiss business practices
  • Party Information: Gather complete legal names, addresses, and signing authority for all involved entities
  • Risk Assessment: Identify potential liability issues and include appropriate limitations under Swiss law
  • Compliance Check: Ensure the agreement meets industry-specific regulations and data protection requirements
  • Document Generation: Use our platform to create a legally-sound agreement that includes all mandatory elements

What should be included in an Engagement Agreement?

  • Parties Section: Full legal names, addresses, and contact details of service provider and client
  • Scope of Services: Detailed description of work, deliverables, and any excluded services
  • Fee Structure: Clear terms for payment, including rates, expenses, and billing schedule
  • Duration and Termination: Project timeline, renewal options, and conditions for ending the agreement
  • Confidentiality Clause: Swiss-compliant data protection and information handling requirements
  • Liability Limitations: Professional indemnity and risk allocation provisions under Swiss law
  • Dispute Resolution: Jurisdiction choice, applicable law, and preferred resolution method
  • Signature Block: Space for dated signatures with proper authorization details

What's the difference between an Engagement Agreement and a Consultancy Agreement?

An Engagement Agreement differs significantly from a Consultancy Agreement in several key aspects under Swiss law, though they may seem similar at first glance.

  • Scope and Duration: Engagement Agreements typically cover specific projects or limited-time services, while Consultancy Agreements often establish longer-term, ongoing relationships with broader scope
  • Legal Framework: Engagement Agreements focus on defining deliverables and professional standards, whereas Consultancy Agreements emphasize the independent contractor relationship and intellectual property rights
  • Payment Structure: Engagement Agreements usually specify project-based fees or milestone payments, while Consultancy Agreements often include retainer fees or hourly rates
  • Professional Liability: Engagement Agreements typically include detailed professional indemnity provisions specific to the service, while Consultancy Agreements have broader liability provisions covering general business advice

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