Business Development Contract Template for Germany

The Business Development Contract is essential for companies operating under German law who seek to engage external expertise for market expansion, client acquisition, or strategic growth initiatives. This document type is particularly crucial in the German business environment, where formal contractual relationships are highly valued and regulated. The contract addresses key aspects required under German commercial law (HGB) and civil code (BGB), including detailed service specifications, performance metrics, compensation structures, and compliance requirements. It's designed to protect both parties' interests while ensuring alignment with German and EU regulations, particularly regarding competition law, data protection (GDPR), and commercial agency provisions where applicable. The document is typically used when companies need to formalize long-term business development relationships, whether with individual consultants or specialized firms.

1. Parties: Identification and details of the contracting parties, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and general business objectives

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of business development services to be provided

5. Term and Termination: Duration of the agreement and termination provisions

6. Compensation and Payment Terms: Fee structure, payment schedule, and invoicing requirements

7. Performance Metrics: Key performance indicators and evaluation criteria

8. Obligations of Service Provider: Specific duties and responsibilities of the business developer

9. Obligations of Client: Client's responsibilities and commitments

10. Confidentiality: Provisions for handling confidential information

11. Intellectual Property Rights: Ownership and usage rights of IP created during the engagement

12. Data Protection: GDPR compliance and data handling requirements

13. Non-Competition and Non-Solicitation: Competitive restrictions and client protection provisions

14. Liability and Indemnification: Limitation of liability and indemnification obligations

15. Force Majeure: Provisions for unforeseeable circumstances

16. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

17. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments