Master Fee Protection Agreement Template for Switzerland

The Master Fee Protection Agreement serves as a critical legal instrument for businesses seeking to secure their fee arrangements in professional relationships under Swiss law. This agreement is particularly vital in scenarios where significant fees are at stake or where ongoing service relationships require robust payment protection mechanisms. It typically includes detailed provisions for fee calculation, protection mechanisms, security arrangements, and enforcement rights, all structured to comply with Swiss financial services regulations and the Swiss Code of Obligations. The document is commonly used by professional service firms, financial institutions, and consultancies operating in Switzerland or choosing Swiss law as their governing law, providing them with a secure framework for managing and protecting their fee arrangements.

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

2. Background: Context of the agreement, relationship between parties, and purpose of the fee protection arrangement

3. Definitions and Interpretation: Detailed definitions of key terms used throughout the agreement and rules of interpretation

4. Scope of Agreement: Outline of the services or transactions covered by the fee protection arrangement

5. Fee Protection Mechanism: Detailed description of how fees are protected, including payment structures and security arrangements

6. Payment Terms: Timing and method of fee payments, including currency, payment instructions, and late payment consequences

7. Security Arrangements: Details of any security or collateral provided to ensure fee protection

8. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity and authority

9. Covenants: Ongoing obligations of the parties throughout the agreement term

10. Events of Default: Circumstances constituting default and consequential rights and remedies

11. Term and Termination: Duration of the agreement and circumstances allowing early termination

12. Confidentiality: Obligations regarding confidential information handling and disclosure

13. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for dispute resolution

14. General Provisions: Standard contractual provisions including notices, amendments, and severability