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Business Development Contract Template for New Zealand

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Key Requirements PROMPT example:

Business Development Contract

"I need a Business Development Contract for engaging an external consultant to expand our software company's presence in the Auckland market, with a 12-month initial term starting January 2025 and performance-based commission structure."

Document background
This Business Development Contract is essential for organizations seeking to formalize their business development relationships in New Zealand. It is particularly relevant when engaging external business development professionals, consultants, or agencies to drive growth and expansion initiatives. The document comprehensively addresses key aspects including service scope, performance metrics, compensation, intellectual property rights, and confidentiality obligations, while ensuring compliance with New Zealand's legal framework, including the Contract and Commercial Law Act 2017 and Fair Trading Act 1986. This contract type is suitable for various business arrangements, from project-specific engagements to ongoing business development relationships, and can be customized to accommodate different industries and business models while maintaining legal compliance and protecting all parties' interests.
Suggested Sections

1. Parties: Identifies and provides full details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement, including the business development objectives

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Appointment and Scope: Defines the nature of the business development relationship and scope of services

5. Term and Termination: Specifies the duration of the agreement and circumstances for termination

6. Obligations and Responsibilities: Details the specific duties and responsibilities of each party

7. Performance Metrics: Establishes key performance indicators and success metrics

8. Compensation and Payment Terms: Details the fee structure, payment schedule, and related financial terms

9. Intellectual Property Rights: Addresses ownership and usage rights of IP created during the engagement

10. Confidentiality: Defines confidential information and establishes protection mechanisms

11. Warranties and Representations: Contains standard warranties and representations from both parties

12. Liability and Indemnification: Sets out liability limitations and indemnification obligations

13. General Provisions: Includes standard boilerplate clauses such as notices, assignment, and governing law

Optional Sections

1. Non-Competition: Include when the business developer will have access to sensitive market information or clients

2. Insurance: Include when specific insurance coverage is required for the business development activities

3. Data Protection: Include when personal data processing is involved in the business development activities

4. International Operations: Include when business development activities extend beyond New Zealand

5. Force Majeure: Include when there's significant risk of external events disrupting performance

6. Dispute Resolution: Include when parties want to specify detailed dispute resolution procedures

7. Change Control: Include when the scope of services may need to be modified during the term

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of business development services and activities

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commissions, and payment structures

3. Schedule 3 - Performance Metrics and KPIs: Specific metrics and targets for measuring success

4. Schedule 4 - Territories and Markets: Definition of geographical areas or market segments covered

5. Schedule 5 - Reporting Requirements: Templates and requirements for regular reporting

6. Appendix A - Contact Details: Key contact information for both parties

7. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements

8. Appendix C - Standard Operating Procedures: Agreed procedures for common business development activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





















































Clauses














































Relevant Industries

Technology

Professional Services

Manufacturing

Retail

Financial Services

Healthcare

Education

Real Estate

Construction

Telecommunications

Energy

Agriculture

Tourism

Media and Entertainment

Transportation and Logistics

Relevant Teams

Business Development

Legal

Commercial

Sales

Strategy

Operations

Finance

Procurement

Compliance

Corporate Development

Marketing

Partner Relations

Contract Administration

Relevant Roles

Business Development Manager

Chief Executive Officer

Commercial Director

Sales Director

Strategic Partnership Manager

Growth Manager

Market Development Manager

Business Development Representative

Chief Commercial Officer

Head of Business Development

Legal Counsel

Contract Manager

Business Development Consultant

Regional Manager

Managing Director

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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