Termination Of Consulting Agreement for Switzerland

Termination Of Consulting Agreement Template for Switzerland

This document serves as a formal agreement to terminate an existing consulting relationship under Swiss law, governed by the Swiss Code of Obligations (particularly Article 404). It outlines the terms and conditions for ending the consulting arrangement, including the termination date, final payment terms, return of property, ongoing confidentiality obligations, and mutual releases. The agreement ensures compliance with Swiss legal requirements while providing clarity on post-termination obligations and rights of both parties. It addresses crucial aspects such as the handling of confidential information, intellectual property rights, and any transition requirements.

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What is a Termination Of Consulting Agreement?

The Termination of Consulting Agreement is a essential legal document used when parties wish to formally end their consulting relationship before its natural conclusion or at the end of its term. This document type is particularly important in the Swiss legal context, where the termination of mandate agreements is specifically governed by Article 404 of the Swiss Code of Obligations. It's used to document the mutual agreement to terminate, establish the termination date, address outstanding payments, handle confidentiality and intellectual property matters, and ensure a smooth transition. The document typically includes provisions for the return of company property, final fee settlements, and ongoing obligations. It's crucial for risk management and maintaining clear business records, especially in professional relationships where sensitive information or significant projects are involved.

What sections should be included in a Termination Of Consulting Agreement?

1. Parties: Identification of the company and the consultant, including their full legal names, addresses, and any registration numbers

2. Background: Reference to the original Consulting Agreement, its date, and brief description of the parties' decision to terminate

3. Definitions: Key terms used in the termination agreement, including reference to defined terms from the original agreement that remain relevant

4. Termination Date: Clear specification of when the consulting agreement will terminate, including the last day of service

5. Outstanding Fees and Expenses: Settlement of any unpaid fees, reimbursable expenses, or other monetary obligations up to the termination date

6. Return of Property: Requirements for returning company property, documents, and materials

7. Confidentiality Obligations: Confirmation that confidentiality obligations survive termination and remain binding

8. Final Release: Mutual release of claims related to the consulting agreement, subject to the terms of the termination agreement

9. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction for any disputes

What sections are optional to include in a Termination Of Consulting Agreement?

1. Transition Services: Used when the consultant needs to provide handover or transition assistance

2. Non-Competition and Non-Solicitation: Include if the original agreement contained these provisions and they need to be addressed or modified

3. Ongoing Projects: Include if there are specific provisions needed for handling incomplete projects

4. Intellectual Property Rights: Include if there are specific IP matters that need to be addressed upon termination

5. Reference and Communications: Include if parties want to agree on how the termination will be communicated to third parties

6. Post-Termination Cooperation: Include if the consultant's assistance may be needed for specific matters after termination

7. Tax Provisions: Include if there are specific tax matters that need to be addressed

8. Insurance: Include if there are specific insurance obligations that need to be addressed or maintained post-termination

What schedules should be included in a Termination Of Consulting Agreement?

1. Schedule of Outstanding Payments: Detailed list of any pending payments, including fees and expenses

2. Schedule of Company Property: Inventory of all company property to be returned by the consultant

3. Schedule of Ongoing Projects: List of current projects and their status, if applicable

4. Schedule of Transition Tasks: Detailed list of handover tasks and responsibilities, if applicable

5. Schedule of Surviving Provisions: List of provisions from the original agreement that survive termination

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

Cost

Free to use

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