The Creative Partnership Agreement serves as a foundational document for creative professionals in New Zealand who wish to formalize their business relationship through a partnership structure. This agreement is particularly valuable for creative professionals, agencies, and studios looking to combine their talents, resources, and client bases into a unified business entity. The document addresses the unique aspects of creative businesses, including intellectual property rights, creative control, client relationships, and revenue sharing, while ensuring compliance with New Zealand's legal framework, particularly the Partnership Law Act 2019. It provides essential protection for all parties involved and establishes clear guidelines for both business operations and creative collaboration. The agreement is designed to be comprehensive yet flexible, accommodating the dynamic nature of creative industries while providing a solid legal foundation for the partnership.
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1. Parties: Identification and details of all partners entering the creative partnership
2. Background: Context of the partnership formation and partners' intentions
3. Definitions: Key terms used throughout the agreement
4. Partnership Structure: Legal form of partnership and ownership percentages
5. Term and Commencement: Duration of the partnership and start date
6. Creative Rights and Intellectual Property: Ownership and management of creative works and IP created during the partnership
7. Contributions: Initial and ongoing contributions of each partner (financial, creative, equipment, etc.)
8. Profit and Loss Sharing: Distribution of profits and losses among partners
9. Management and Decision Making: Partnership governance and decision-making processes
10. Partner Duties and Responsibilities: Specific roles and obligations of each partner
11. Financial Management: Banking, accounting, and financial reporting requirements
12. Client Relationships: Management of client relationships and project acceptance
13. Competition and Non-Solicitation: Restrictions on competing activities and client solicitation
14. Termination: Conditions and process for ending the partnership
15. Dispute Resolution: Process for resolving disagreements between partners
1. External Funding: Terms for seeking and managing external investment or loans
2. International Operations: Provisions for international work and cross-border activities
3. Subsidiary Businesses: Terms for managing subsidiary or related business ventures
4. Partner Insurance: Requirements for life, health, or key person insurance
5. Succession Planning: Procedures for bringing in new partners or transitioning existing ones
6. Social Media and Digital Presence: Management of partnership's online presence and social media accounts
7. Environmental Sustainability: Commitments to environmental practices and sustainability goals
8. Pro Bono Work: Terms for undertaking non-profit or charitable creative work
1. Schedule 1: Partner Details: Detailed information about each partner including contact details and professional credentials
2. Schedule 2: Initial Contributions: Itemized list of each partner's initial contributions with valuations
3. Schedule 3: Business Plan: Initial business plan including market analysis and growth strategy
4. Schedule 4: Creative Portfolio: List of existing works brought into the partnership by each partner
5. Schedule 5: Equipment and Assets: Inventory of partnership equipment and assets with ownership details
6. Schedule 6: Client List: List of existing clients and their allocation between partners
7. Schedule 7: Fee Structure: Standard fee structures and pricing models for creative services
8. Appendix A: Operating Procedures: Detailed operational procedures and workflows
9. Appendix B: Brand Guidelines: Partnership branding and style guidelines
Relevant legal definitions
Clauses
Relevant Industries
Creative Arts
Digital Media
Advertising
Film and Television
Photography
Graphic Design
Animation
Visual Arts
Entertainment
Publishing
Gaming
Fashion Design
Interior Design
Web Design
Performance Arts
Relevant Teams
Legal
Creative Services
Operations
Finance
Business Development
Client Services
Project Management
Design
Content Production
Strategy
Administration
Relevant Roles
Creative Director
Managing Partner
Art Director
Studio Manager
Business Development Manager
Legal Counsel
Operations Manager
Finance Director
Project Manager
Account Manager
Creative Producer
Design Lead
Content Director
Strategy Director
Partnership Manager
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