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50 50 Profit Sharing Agreement
"I need a 50-50 Profit Sharing Agreement for a software development partnership between my tech startup and a development agency in Auckland, with specific provisions for intellectual property rights and a profit calculation method based on project completion milestones starting from March 2025."
1. Parties: Identifies and provides full details of all parties entering into the profit sharing agreement
2. Background: Outlines the context and purpose of the agreement, including the business relationship between the parties
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Term and Commencement: Specifies when the agreement begins and its duration
5. Profit Sharing Structure: Details the 50-50 split arrangement and defines what constitutes 'profit' for the purpose of the agreement
6. Calculation and Distribution of Profits: Specifies how and when profits will be calculated, timing of distributions, and payment methods
7. Financial Records and Reporting: Outlines requirements for maintaining financial records, conducting audits, and regular financial reporting
8. Rights and Obligations: Details the specific rights and responsibilities of each party under the agreement
9. Management and Decision Making: Establishes how business decisions will be made and the management structure
10. Confidentiality: Defines confidential information and obligations regarding its protection
11. Termination: Specifies circumstances under which the agreement can be terminated and the process for termination
12. Dispute Resolution: Outlines the process for resolving any disputes between the parties
13. General Provisions: Includes standard legal clauses such as governing law, notices, and amendment procedures
1. Intellectual Property: Required when the profit sharing involves products, services, or business methods that include intellectual property
2. Non-Competition: Include when parties want to restrict each other from competing activities
3. Assignment and Succession: Needed when parties want to address the possibility of transferring rights or obligations to third parties
4. Insurance Requirements: Include when specific insurance coverage is required for the business activities
5. Force Majeure: Add when parties want to address circumstances beyond their control that might affect the agreement
6. GST and Tax Provisions: Required when specific tax arrangements or GST handling needs to be detailed
7. Third Party Rights: Include when the agreement might affect or involve rights of parties not directly involved in the agreement
1. Schedule 1 - Calculation Method: Detailed methodology for calculating profit, including allowable expenses and revenue recognition
2. Schedule 2 - Financial Reporting Template: Standard format for regular financial reports and profit calculations
3. Schedule 3 - Business Plan: Overview of the business activities covered by the profit sharing arrangement
4. Schedule 4 - Distribution Schedule: Timing and procedure for profit distributions
5. Appendix A - Initial Capital Contributions: Details of any initial investments or contributions made by the parties
6. Appendix B - Authorized Representatives: List of individuals authorized to make decisions on behalf of each party
Authors
Professional Services
Technology and Software
Retail
Hospitality
Manufacturing
Construction
Creative Industries
Consulting
Agriculture
Real Estate
Healthcare
Education and Training
E-commerce
Media and Entertainment
Legal
Finance
Executive Leadership
Operations
Business Development
Commercial
Accounting
Corporate Governance
Risk Management
Strategic Planning
Business Owner
Managing Director
CEO
CFO
Business Development Manager
Finance Manager
Legal Counsel
Commercial Manager
Operations Director
Partner
Entrepreneur
Project Manager
Company Secretary
Financial Controller
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