Business Relationship Agreement Template for Australia

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Key Requirements PROMPT example:

Business Relationship Agreement

"I need a Business Relationship Agreement for my technology consulting company based in Sydney, establishing a strategic partnership with a software development firm in Melbourne, with specific focus on data protection and joint IP development, to commence from March 2025."

Document background
The Business Relationship Agreement serves as a foundational document for establishing formal commercial partnerships in Australia. It is typically used when businesses want to create a structured, long-term relationship that goes beyond simple transactional arrangements. This agreement is essential for organizations seeking to formalize their business relationships while ensuring compliance with Australian federal and state laws, including the Competition and Consumer Act 2010, Privacy Act 1988, and relevant state-specific legislation. The document addresses key aspects such as scope of cooperation, commercial terms, intellectual property rights, confidentiality, risk allocation, and dispute resolution mechanisms, providing a comprehensive framework for managing the business relationship while protecting each party's 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 business relationship

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Term and Commencement: Specifies duration and start date of the agreement

5. Business Relationship Framework: Outlines the fundamental nature and structure of the business relationship

6. Obligations and Responsibilities: Details the key obligations of each party

7. Financial Terms: Covers payment terms, fees, expenses, and financial obligations

8. Confidentiality: Protects confidential information and trade secrets

9. Intellectual Property: Addresses ownership and usage of IP in the relationship

10. Liability and Indemnities: Sets out risk allocation and liability limitations

11. Termination: Specifies termination rights and procedures

12. Dispute Resolution: Establishes process for resolving disputes

13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Exclusivity: Used when parties agree to exclusive dealings or restrictions on competing activities

2. Performance Metrics: Include when specific performance standards or KPIs are required

3. Compliance and Audit Rights: Added when regulatory compliance or audit rights are important

4. Insurance: Include when specific insurance requirements need to be maintained

5. Data Protection: Required when significant personal or sensitive data is handled

6. Force Majeure: Include when specific force majeure provisions are needed beyond standard provisions

7. Marketing and Branding: Used when the relationship involves brand usage or joint marketing

8. Territory Restrictions: Include when geographical limitations apply to the relationship

Suggested Schedules

1. Schedule 1 - Services or Products: Detailed description of services or products covered by the agreement

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements

4. Schedule 4 - Key Personnel: Lists key contacts and responsible personnel from each party

5. Schedule 5 - Compliance Requirements: Specific regulatory or compliance obligations

6. Schedule 6 - Implementation Plan: Timeline and milestones for implementing the business relationship

7. Appendix A - Communication Protocols: Agreed communication procedures and escalation pathways

8. Appendix B - Standard Operating Procedures: Detailed operational procedures and workflows

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Manufacturing

Professional Services

Retail

Financial Services

Healthcare

Construction

Energy

Telecommunications

Transportation and Logistics

Media and Entertainment

Education

Real Estate

Agriculture

Mining

Relevant Teams

Legal

Commercial

Business Development

Operations

Procurement

Risk and Compliance

Finance

Strategy

Corporate Affairs

Sales

Partner Relations

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Commercial Officer

Business Development Manager

Commercial Director

Legal Counsel

Contract Manager

Procurement Manager

Partnership Manager

Operations Manager

Risk Manager

Compliance Officer

Strategy Director

General 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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