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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 and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Term and Commencement: Specifies when the agreement begins and its duration
5. Profit Sharing Structure: Details the 50-50 split mechanism and defines what constitutes 'profit' for the purpose of the agreement
6. Calculation of Profit: Specifies how profit is calculated, including allowable deductions, expenses, and accounting methods
7. Distribution of Profits: Outlines when and how profits will be distributed between the parties
8. Parties' Obligations: Details the responsibilities and commitments of each party
9. Management and Decision Making: Establishes how business decisions will be made and the management structure
10. Financial Records and Reporting: Specifies requirements for maintaining financial records and reporting obligations
11. Audit Rights: Establishes the right to audit financial records and the audit process
12. Confidentiality: Protects confidential information shared between the parties
13. Dispute Resolution: Outlines the process for resolving disputes between the parties
14. Termination: Specifies circumstances under which the agreement can be terminated and the process
15. General Provisions: Standard legal provisions including notices, governing law, and entire agreement
1. Intellectual Property: Required when the profit-sharing arrangement involves creation or use of intellectual property
2. Non-Competition: Include when parties need to be restricted from competing activities
3. Insurance Requirements: Necessary when specific insurance coverage needs to be maintained by either party
4. Force Majeure: Include when protection against unforeseen circumstances is required
5. Assignment Rights: Include when parties may need to transfer their rights under the agreement
6. Change of Control: Required when changes in company ownership need to be addressed
7. Marketing and Branding: Include when the arrangement involves joint branding or marketing activities
8. Employee Matters: Required when the arrangement affects employment or staffing
9. Capital Contributions: Include when parties need to make initial or ongoing capital contributions
1. Schedule 1 - Profit Calculation Methodology: Detailed methodology for calculating profit, including specific formulas and accounting principles
2. Schedule 2 - Distribution Schedule: Timing and process for profit distributions, including any specific requirements or conditions
3. Schedule 3 - Business Plan: Initial business plan and objectives (if applicable)
4. Schedule 4 - Assets Register: List of assets contributed by each party to the profit-sharing arrangement
5. Schedule 5 - Excluded Costs and Expenses: Detailed list of costs and expenses that are excluded from profit calculations
6. Appendix A - Financial Reporting Template: Template for regular financial reporting between parties
7. Appendix B - Audit Procedures: Detailed procedures for conducting financial audits
8. Appendix C - Management Structure: Detailed outline of management roles and responsibilities
Retail
Professional Services
Technology
Real Estate
Construction
Manufacturing
Hospitality
Entertainment
Agriculture
Mining
Education
Healthcare
Financial Services
Creative Industries
Consulting
Legal
Finance
Operations
Executive Leadership
Business Development
Commercial
Risk and Compliance
Tax
Accounting
Corporate Development
Investment
Strategy
Partnership Management
CEO
Managing Director
Business Owner
Chief Financial Officer
Finance Director
Legal Counsel
Business Development Manager
Operations Manager
Company Secretary
Partnership Manager
Investment Manager
Venture Capital Manager
Joint Venture Coordinator
Commercial Director
Risk Manager
Tax Manager
Compliance Officer
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