25 Essential Business Agreements

EMPLOYMENT AGREEMENTS, BUSINESS AGREEMENTS, MANAGEMENT AGREEMENTS, AND NDAS.

Title: Employee Inventions Assignment, Non-Compete, and Nondisclosure Agreement
Subtitle: Attorney Drafted
Summary Text: Used to detail to an employee that he or she may not disclose certain company information or trade secrets without permission. This document protects confidential information and provides for remedies in the event the agreement is violated.

Title: Employee Confidentiality and Non-Disclosure Agreement
Subtitle: Attorney-Drafted
Summary Text: Used to establish the confidential relationship between an Employer and an Employee. This document protects confidential information and provides for remedies in the event the Agreement is violated.

 

Title: Employee Non-Compete Agreement

Subtitle: Attorney-Drafted
Summary Text: Used to establish the restrictions around an Employee’s activities with regards to competing with an Employer both during and after their employment. 

 

Title: Executive Employee Agreement
Subtitle: Attorney-Drafted
Summary Text: Used to hire an executive employee in an at-will arrangement. This document protects confidential information and provides for remedies in the event the agreement is violated.

Title: Employee Handbook
Subtitle: Attorney-Drafted
Summary Text: Used to describe all policies and procedures used in a company’s operations. This document also details the consequences in the event an employee disregards one or more of the policies or procedures.

Title: Job Offer Letter
Subtitle: Attorney-Drafted
Summary Text: Used to extend a job offer to an applicant.

Title: Retention Bonus Agreement
Subtitle: Attorney-Drafted
Summary Text: Used to describe an employee bonus as reward for a job well done.

Title: Employment Agency Service Agreement
Subtitle: Attorney-Drafted
Summary Text: Used to detail an agreement between a company and an employment agency through which it has hired an employee. This document protects confidential information and provides for remedies in the event the agreement is violated.

Title: Profit Sharing Plan
Subtitle: Attorney-Drafted
Summary Text: Used to give advisors and employees a share in the profits of a company.

Title: Employee Separation and Release Agreement
Subtitle: Attorney-Drafted
Summary Text: Used to terminate an employee while imposing certain conditions. This document protects confidential information and provides for remedies in the event the agreement is violated.

 

Title: Termination of Employment Notice
Subtitle: Attorney-Drafted
Summary Text: Used to discontinue the employment of an individual due to certain events or causes. This document protects confidential information and provides for remedies in the event the agreement is violated.

 

Title: Proprietary Information and Invention Agreement
Subtitle: Attorney-Drafted
Summary Text: Used by companies or individuals to have employees and contractors keep information confidential and to contractually bind them to assign inventions over to the company.

 

Title: Non-Binding Term Sheet
Subtitle: Attorney Drafted
Summary Text: A term sheet is used to identify the agreed upon terms of a planned transaction before a full agreement is prepared. A Term Sheet can be binding or non-binding and are used to help frame the transaction while the definitive agreement is prepared and negotiated. This version is non-binding but could easily be made into a binding Term Sheet.

Title: Mutual Termination of Contract
Subtitle: Attorney-Drafted
Summary Text: Used to mutually terminate a previous contract. This document protects confidential information and provides for remedies in the event the agreement is violated.

Title: Advertising Agency Agreement
Subtitle: Attorney-Drafted
Summary Text: Used to describe an agreement between a company and an advertising agency which will be providing service. This document protects confidential information and provides for remedies in the event the agreement is violated.

Title: Sales Representative Agreement
Subtitle: Attorney-Drafted
Summary Text: Used to describe an agreement in which a sales representative will be selling goods or services on behalf of a company. This document protects confidential information and provides for remedies in the event the agreement is violated.

 

Title: Sales Agreement
Subtitle: Attorney-Drafted
Summary Text: Used to detail an agreement in which a buyer will be selling goods to a purchaser. This document describes the features of the sale and provides for remedies in the event the agreement is violated.

 

Title: Promissory Note
Subtitle: Attorney-Drafted
Summary Text: An Agreement where one party (the maker or issuer) makes a promise to pay a sum or an amount of money to the other (the payee) under specific terms. 

 

 

Title: Independent Contractor Agreement
Subtitle: Attorney-Drafted
Summary Text: Used to detail an agreement between a Company and a Contractor for services provided by the Contractor to the Company. This document protects confidential information, assigns work product and sets forth the services and payment structure.

Title: Annual Meeting Checklist + Meeting Minutes
Subtitle: Attorney-Drafted
Summary Text: Used to plan for and record the matters and decisions discussed and decided at an annual meeting.

Title: Board of Advisors Agreement
Subtitle: Attorney-Drafted
Summary Text: Used to hire or appoint a member to the board of advisors of a company. This document protects confidential information and provides for remedies in the event the agreement is violated.

 

Title: Term Sheet for Raising Private Capital
Subtitle: Attorney-Drafted
Summary Text: A non-binding term sheet used for detailing the terms of an agreement to be entered into related to a loan or investment for a company.

Title: Mutual Nondisclosure Agreement
Subtitle: Attorney-Drafted
Summary Text: Used to describe the relationship between you and any current or potential business associates or contractors.  This document protects confidential information and provides for remedies in the event the Mutual Nondisclosure Agreement is violated.

Title: One-Way (Unilateral) Nondisclosure Agreement
Subtitle: Attorney Drafted
Summary Text: Used to describe the relationship between two parties when only one party is disclosing confidential information.  This document protects confidential information and provides for remedies in the event the One-Way Nondisclosure Agreement is violated.

 

Title: Consultant Nondisclosure Agreement
Subtitle: Attorney Drafted
Summary Text: Used to set forth the confidential relationship between a company and its contracting consultant(s) when working with confidential information.  This document protects confidential information and provides for remedies in the event the Consultant Nondisclosure Agreement is violated.

·                     Employers

·                     Employees

·                     Individuals

·                     Companies

·                     Small Businesses

·                     Consultants

·                     Contractors

·                     Investors

·                     Advisors

·                     Buyers

·                     Purchasers

·                     Wholesalers

·                     Salesmen

·                     Advertising Agencies

·                     Lawyers

·                     Inventors

·                     Employment Agencies

·                     Executive Level Employees

·                      

 

 

 

In consideration of my employment or continued employment by_________________ (the “Company”), and the compensation now and hereafter paid to me, I hereby agree as follows:

1.1                Recognition of Company’s Rights; Nondisclosure. I understand and acknowledge that my employment by the Company creates a relationship of confidence and trust with respect to the Company’s Proprietary Information (defined below) and that the Company has a protectable interest therein. At all times during my employment and thereafter, I will hold in strictest confidence and will not disclose, use, lecture upon or publish any of the Company’s Proprietary Information, except as such disclosure, use or publication may be required in connection with my work for the Company, or unless an officer of the Company expressly authorizes such in writing. I will obtain Company’s written approval before publishing or submitting for publication any material (written, verbal, or otherwise) that relates to my work at Company and/or incorporates any Proprietary Information. I hereby assign to the Company any rights I may have or acquire in such Proprietary Information and recognize that all Proprietary Information shall be the sole property of the Company and its assigns. I will take all reasonable precautions to prevent the inadvertent or accidental disclosure of Proprietary Information.

1.2                Proprietary Information. The term “Proprietary Information” shall mean any and all confidential and/or proprietary knowledge, data or information of the Company, its affiliates, parents and subsidiaries, whether having existed, now existing, or to be developed during my employment. By way of illustration but not limitation, Proprietary Information includes (a) trade secrets, inventions, mask works, ideas, processes, formulas, source and object codes, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs and techniques, and any other proprietary technology and all Proprietary Rights therein (hereinafter referred to as an “Invention” or, collectively, as “Inventions”); and (b) information regarding plans for research, development, new products, marketing and selling, business plans, budgets and unpublished financial statements, licenses, prices and costs, suppliers;                            

 

 

 

 

 

A.     Company had developed and uses technical and non-technical information vital to the success of its education and research missions.

 

B.     Employee may have access to or otherwise become acquainted with this information and, depending upon job assignments and responsibilities, may contribute to this information either through inventions, discoveries, improvements, or through studies, analyses, proposals, or otherwise.

 

C. Company desires to protect certain of this technical and non-technical information generated by its Employees by holding it as proprietary and confidential or by obtaining statutory protection (patents, trademarks, copyrights) or common law protection (trade secrets) or both.

1.                  PROPRIETARY INFORMATION

a.                   Employee shall not, except as authorized by Company, at any time during or after his/her employment directly or indirectly disclose to any other person or entity any proprietary technical information of Company or of others (collectively referred to hereinafter as "Proprietary Technical Information"), which has come into Company's or his/her possession in the course of his/her employment with Company; nor shall Employee use any such Proprietary Technical Information for his/her personal use or advantage or make it available to others. Technical information includes existing and contemplated technical information such as, for example, compositions, formulae, products, processes, methods, systems, designs, specifications, testing or evaluation procedures, machines, manufacturing procedures, production techniques, research and development activities, inventions, discoveries and improvements.

 

 

 

This Agreement is entered into as of the ________ day of _______________, 20______, between [Company Name] (“the Company”) and [Contracting Company’s Name] (“the Contractor”).

 

1.      Independent Contractor. Subject to the terms and conditions of this Agreement, the Company hereby engages the Contractor as an independent contractor to perform the services set forth herein, and the Contractor hereby accepts such engagement.

 

2.      Duties, Term, and Compensation. The Contractor’s duties, term of engagement, compensation and provisions for payment thereof shall be as set forth in the estimate previously provided to the Company by the Contractor and which is attached as Exhibit A, which may be amended in writing from time to time, or supplemented with subsequent estimates for services to be rendered by the Contractor and agreed to by the Company, and which collectively are hereby incorporated by reference.

 

3.      Relationship. Contractor is not, and shall not be considered an employee of the Company. The relationship of the Contractor to Company established by this Agreement is that of an independent contractor. Contractor acknowledges full responsibility for compliance with all Federal, State and City tax regulations regarding taxes that may accrue on the fee, including expenses, if any, paid to Contractor as a result of services rendered to the Company. Further, the Company will not provide any medical health insurance or similar plans or worker’s compensation or any other benefit whatsoever to Contractor.

 

4.      Written Reports. The Company may request that project plans, progress reports and a final results report be provided by Consultant on a monthly basis. A final results report shall be due at the conclusion of the project and shall be submitted to the Company in a confidential written report at such time. The results report shall be in such form and setting forth such information and data as is reasonably requested by the Company.

 

5.      Inventions. Any and all inventions, discoveries, developments and innovations conceived by the Contractor during this engagement relative to the duties under this Agreement shall be the exclusive property of the Company; and the Contractor hereby assigns all right, title, and interest in the same to the Company. Any and all inventions, discoveries, developments and innovations conceived by the Contractor prior to the term of this Agreement and utilized by [him or her] in rendering duties to the Company are hereby licensed to the Company for use in its operations and for an infinite duration. This license is non-exclusive, and may be assigned without the Contractor’s prior written approval by the Company to a wholly-owned subsidiary of the Company.

 

 

 

This Profit Sharing Agreement (the “Agreement”) is made and effective this [date], by and between [Company Name], (the “Employer) and [Employee Name], (the “Employee”).

 

The Employer has offered employment to the Employee based on the offer letter issued on [specify date of offer letter]. The Employee has accepted the offer and joined the services of the Employer on [date] by executing a contract of employment dated [specify date]

 

The Employer and the Employee now mutually agree to the following schedule for the financial distribution of net profits generated by [specify name of the company, business unit, store, or website], (the “Opportunity”).

 

 

 

 

 

 

 

PROMISSORY NOTE

 

FOR VALUE RECEIVED, the undersigned, _______________________, LLC, a Delaware limited liability company (“Maker”) with its principal office located at _____________________________________________, executes this Promissory Note (the “Note”). Maker promises to pay to the order of ________________________, LLC, with its principal office located at _______________________________ (hereinafter referred to as “Holder”), at Holder's address above, or at such place as Holder may reasonably designate to Maker in writing, the principal sum of ____________________ and 00/100 (US $####.##) (the “Principal Amount”), together with interest thereon as hereinafter set forth.

 

 

 

 

 

 

 

 

RECITALS