What should a Corporate Training Agreement include under Thai law?

1. Definitions and Interpretation
2. The Programme
3. Client's Obligations
4. Fees, Expenses and Payment
5. Cancellation and Rescheduling
6. Intellectual Property
7. Recording and Artificial Intelligence
8. Personal Data
9. Confidentiality
10. Status of the Trainer
11. Liability
12. Force Majeure and Termination
13. Notices, Law and General

• A training engagement is a hire of work (Instrument 4 of the Stamp Duty Schedule): 1 THB for every 1,000 THB or part of 1,000 THB of the Fees. On the Contract Value you entered, the duty on the original is the amount the system calculates from the figures entered, and each counterpart carries the amount the system calculates from the figures entered.Because the Fees are in …, convert the Contract Value to Thai Baht at the exchange rate on the date of signing and calculate the duty on the Baht amount. The Trainer pays it (Clause 4.5). If the Agreement is signed electronically, pay through the Revenue Department's e-Stamp Duty system.

• A Thai company that pays a Thai trainer normally withholds tax (3% for service fees) and gives the withholding tax certificate (Clause 4.5).
• If the Trainer is abroad and paid from Thailand for work performed in Thailand, different withholding rules and double tax treaties may apply. Ask an accountant before paying the deposit, especially because you ticked gross-up, so the Client bears the withholding tax on top of the Fees.

• Approve the outline in writing within 5 Business Days after receiving it (Clause 2.2).
• Send the Participant list at least 5 Business Days before the first Session, and give Participants a privacy notice that covers the training (Clauses 3.1 and 8.1).
• A foreign trainer who teaches in Thailand usually needs a work permit or other permission, even for a short programme. Start the process early and give the Trainer the company documents it needs (Clause 10.2).
• Before recording, tell the Participants about the recording and its purpose, and let them switch off their cameras. Delete the recording after … months (Clause 7.1).

• Cancelling more than … days before a Session costs nothing. Between … and … days, the charge is …% of the Session fee, and later it is …% (Clause 5.1). Send cancellations by email so that the date of receipt is clear.
• If the Trainer cannot teach, the Client chooses between a new date, an approved substitute or a full refund for that Session (Clause 5.4).

• The Client owns the Custom Materials once it has paid in full. A transfer of copyright must be in writing and signed by both Parties, so both must sign this Agreement (Clause 6.2).- The Trainer keeps the copyright in all materials. The Client may use them internally, including through its own trainers, once it has paid in full (Clause 6.2).
• The Client may not use the Trainer's voice, image or recordings to train AI or create a digital replica without a separate written consent (Clause 7.2).

• Keep the signed Agreement, the approved outline, the attendance records and the final report.
• A Thai court works in Thai. A Party that relies on this Agreement or English emails in a Thai court or arbitration enforcement must file a certified Thai translation.

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-22A0A2. If you reuse this content, please credit the author and link to the original.