Alex Denne
Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Get Started with a Joinder Agreement

23 Mar 2023
34 min
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Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Are you looking for a comprehensive and legally-binding way to join an existing contract or agreement? A ‘joinder’ is just the thing for y! Joinders, also sometimes referred to as ‘joinder agreements’, are contracts between two or more parties that allow them to become part of another existing contract or agreement. They are commonly used in business transactions and other legal arrangements, so it’s important to understand why they matter if you’re a legal professional.

A joinder agreement ensures that all those involved in a contract or agreement are aware of their rights and responsibilities, as well as the obligations they are bound to. All parties must agree to the same terms and conditions, sign the joinder agreement, and have it witnessed in order for it to be legally binding. Even if one of the parties fails to meet their obligations set out in the original contract, then others may be able seek compensation or other remedies through this document. What’s more, a joinder can even serve as evidence in court should any disputes arise between those involved.

By having a joinder agreement in place from the start, all individuals involved can ensure not only that everyone understands their rights and duties under the original contract but also that any potential breaches of said contract can be avoided by staying within its confines. It also serves as further protection against any future legal wranglings thanks to its enforceability within state laws - making it an invaluable asset when entering into negotiations.

The Genie AI team offers access today to millions of data points which teach our AI about what constitutes market-standard joinder agreements - allowing anyone draft high quality documents without paying for expensive lawyers’ fees! And with our free community template library at your fingertips too, creating complex yet legally sound documents has never been easier. Read on below for further information on how you can get started with a joinder today with just a few clicks!

Definitions (feel free to skip)

Joinder Agreement: A legally binding document that permits additional parties to join an existing contract or agreement.
Obligations: Responsibilities that must be fulfilled under a contract or agreement.
Real estate: Property, including land, buildings, and other structures, and any associated rights.
Draft: A preliminary version of a document.
Revisions: Changes made to a document.
Pitfalls: Problems that may arise when creating a document.
Legal requirements: Rules or laws that must be followed when creating a document.
Consequences: Repercussions of not fulfilling a contract or agreement.

Contents

  • What is a Joinder Agreement?
  • When Would You Need to Create a Joinder Agreement?
  • Who Should Be Included in the Joinder Agreement?
  • List of parties who need to be included
  • Contact information of each party
  • What Should Be Included in the Joinder Agreement?
  • Name of the agreement
  • Date of agreement
  • Description of agreement
  • Signature lines for each party
  • How to Create a Joinder Agreement
  • Draft the agreement
  • Carefully review each section
  • Make any necessary revisions or corrections
  • Have each party sign and date the agreement
  • Possible Pitfalls to Avoid When Creating a Joinder Agreement
  • Not clearly defining the purpose of the agreement
  • Not including all relevant information
  • Not having the agreement reviewed by an attorney
  • What Legal Requirements May Apply to a Joinder Agreement?
  • Check applicable local, state, and federal laws
  • Consider the type of agreement and parties involved
  • Make sure the agreement complies with any applicable laws
  • What to Do After Creating a Joinder Agreement
  • Make sure the agreement is properly signed and dated
  • Make copies of the agreement and store in safe place
  • Send a copy of the agreement to all parties involved
  • Questions to Ask Before Signing a Joinder Agreement
  • Is the agreement legally binding?
  • Are there any risks associated with signing the agreement?
  • What are the consequences of breaching the agreement?
  • Checklist for Finalizing a Joinder Agreement
  • Confirm all parties have read and understand the agreement
  • Ensure all parties have signed the agreement
  • Make sure all parties have a copy of the agreement
  • Confirm the agreement meets all applicable legal requirements

Get started

What is a Joinder Agreement?

  • A Joinder Agreement is a legal document used when parties need to add a new member to an existing contract or agreement.
  • This document allows one or more parties to join an existing agreement and be bound to the same terms and conditions as the other parties.
  • Joinder Agreements are often used when a business is expanding and needs to add new members, or when multiple business owners decide to join together and form a new company.

You can check this step off your list when you understand what a Joinder Agreement is and how it can be used.

When Would You Need to Create a Joinder Agreement?

  • A joinder agreement may be necessary when a new party is added to an existing contract
  • A joinder agreement is used to ensure that all parties agree to the terms of the original contract, as well as any additional clauses that may be added for the new party
  • It is important to create a joinder agreement when a new party is added to an existing contract, in order to ensure that everyone is on the same page
  • When all parties have agreed to the terms of the joinder agreement, you can check this step off your list and move on to the next step.

Who Should Be Included in the Joinder Agreement?

  • Determine all the parties that need to be included in the joinder agreement.
  • This typically includes the original parties to the contract, as well as any additional parties that need to join the contract.
  • Make sure to include any parties that are affected by the agreement as well.
  • When you have identified all the parties that need to be included in the joinder agreement, you can check this off your list and move on to the next step.

List of parties who need to be included

  • Identify the parties who will be included in the Joinder Agreement.
  • Make a list of all the parties that need to be included in the Joinder Agreement.
  • Make sure to include the full name and any other relevant details for each party.
  • You can check this step off your list when you have all the parties and their relevant details listed.

Contact information of each party

  • Contact information should include the full name, legal address, and contact information (phone, email, etc.) of all parties involved.
  • This can be obtained through communication with each party, or through public directories
  • Make sure to double-check that all contact information is accurate and up-to-date
  • Once all of the contact information is collected and verified, it is time to move on to the next step in creating a Joinder Agreement.

What Should Be Included in the Joinder Agreement?

  • List of all parties to the agreement
  • Purpose of the agreement and the contractual relationship
  • A statement of the rights and obligations of all parties
  • A description of the consideration involved
  • An effective date
  • A termination clause
  • A signature page
  • Any other items that may be pertinent

You’ll know you can check this step off your list when you have all of these items included in the joinder agreement.

Name of the agreement

• Determine the title of the joinder agreement. This can be as simple as “Joinder Agreement” or “Joinder Agreement to [original agreement name]”.
• Include the names of the parties who are joining the original agreement.
• Specify the effective date of the joinder agreement.

When you have determined the title, the parties involved, and the effective date of the joinder agreement, you can check this off your list and move on to the next step.

Date of agreement

  • Get the date of the agreement, either by consulting the agreement itself or by asking the parties involved.
  • Insert the date into the Joinder Agreement.
  • Check if the date is correct and make sure the agreement is signed and dated in the presence of the witnesses.
  • Once the date is correct, you can move on to the next step.

Description of agreement

-Identify the parties to the joinder agreement, including their full legal names and addresses.
-Outline the purpose of the joinder agreement.
-Specify the date the joinder agreement is effective.
-Determine the terms and conditions of the joinder agreement.
-Include the signature lines for each party at the bottom of the agreement.

When you have filled in the details for the description of the agreement, you can check this off your list and move on to the next step.

Signature lines for each party

  • Gather the full name and contact information (address, phone number, email address) of all parties to the joinder agreement.
  • Determine the type of signature required (notarized, witnessed, etc.)
  • Have each party sign the joinder agreement in the designated signature line.
  • Have a witness or notary sign the joinder agreement, if required.
  • Once all parties have signed and the required witnesses/notary have signed, the joinder agreement is complete.

How to Create a Joinder Agreement

  • Gather all the information needed to complete the joinder agreement, including the original contract, the proposed joinder contract and the names of all parties involved.
  • Read through the original contract and joinder contract to make sure all the details are consistent.
  • Draft the joinder agreement document, ensuring that the names of all parties are included, as well as the terms and conditions of both the original contract and the joinder contract.
  • Check the document to make sure all the details are in order.
  • Once you have completed all the steps, you can move on to the next step: signature lines for each party.

Draft the agreement

  • Identify the parties involved in the agreement
  • Establish the terms of the agreement
  • List any relevant background information
  • Ensure all parties understand the terms
  • Draft the agreement in a clear and concise manner
  • Have all parties review and sign the agreement
  • Make sure you have a copy for each party
  • Once the agreement is fully executed, you can check this step off your list and move on to the next step.

Carefully review each section

  • Read through the whole agreement, making sure each section is complete
  • Make sure all the names, dates, addresses, and other information are correct and complete
  • Verify that the terms of the agreement are properly explained, and that all parties understand what’s expected of them
  • When you can verify that all the information is accurate and all parties understand the agreement, you can move on to the next step.

Make any necessary revisions or corrections

  • Read through the agreement one last time to make sure it’s accurate
  • Resolve any discrepancies between the parties
  • Make any modifications to the agreement that are necessary
  • Have each party review the revised agreement and agree to the terms
  • Take note of any changes made to the agreement
  • When all parties are in agreement with the revisions and corrections, you can check this step off your list and move on to the next step.

Have each party sign and date the agreement

  • Make sure the original Joinder Agreement is signed and dated by both parties
  • You may wish to print out the document or use a digital signature
  • Have each party sign the Joinder Agreement in the presence of a witness (if applicable)
  • Make sure that the date of the agreement is clearly stated on the document
  • When both parties have signed and dated the Joinder Agreement, you can check this off your list and move on to the next step.

Possible Pitfalls to Avoid When Creating a Joinder Agreement

  • Make sure the agreement is drafted in a specific way that is tailored to the needs of all parties
  • Make sure all parties understand the purpose of the agreement and the scope of the obligations
  • Make sure all parties are aware of the consequences of signing the agreement
  • Be sure that all parties have the ability to understand the legal language in the agreement
  • Make sure the agreement meets all local, state, and federal laws and regulations
  • Be sure that all parties have the capacity to enter into the agreement
  • Make sure all parties have proper authority to enter into the agreement

How you’ll know when you can check this off your list and move on to the next step:
Once all parties have reviewed the agreement and are in agreement on the scope and purpose of the joinder agreement, you can move on to the next step.

Not clearly defining the purpose of the agreement

  • Clearly explain the purpose of the Joinder Agreement and how it will be used
  • Make sure the purpose is specific and matches the purpose of the original Agreement
  • Explain the relationship of the Parties and how the Joinder Agreement fits into the existing Agreement
  • Make sure the language of the Joinder Agreement is clear, concise, and unambiguous

When you have clearly defined the purpose of the Joinder Agreement, you can move on to the next step.

Not including all relevant information

  • Make sure that all relevant information is included in the Joinder Agreement. This includes the names of each party, the date, the purpose of the agreement, and any other details that would be important to the agreement.
  • Review the document to make sure that all of the items listed above are included.
  • When you are confident that all of the relevant information has been included in the Joinder Agreement, you can move on to the next step.

Not having the agreement reviewed by an attorney

  • Research the basic elements of a joinder agreement to understand what needs to be included
  • Draft the agreement, making sure to include all the necessary elements
  • Once the agreement is completed, make a copy for each party in the agreement
  • Have each party review the agreement and sign it
  • Once each party has signed the agreement, keep the agreement in a secure location
  • You will know you can check this off your list when the agreement is signed by all parties.

What Legal Requirements May Apply to a Joinder Agreement?

  • Research local, state, and federal laws to determine if any of them apply to the joinder agreement
  • Check to see if any industry-specific or other regulations may affect the agreement
  • Consult with an attorney to make sure the joinder agreement complies with the law
  • Make sure the joinder agreement is in compliance with all applicable laws
  • Once you are sure that the joinder agreement is in compliance with all applicable laws, you can check this off your list and move on to the next step.

Check applicable local, state, and federal laws

  • Research applicable local, state, and federal regulations that may be relevant to the joinder agreement you are creating
  • Make sure to take into consideration any regulations, statutes, and ordinances from the local, state, and federal levels that may have an impact on the agreement
  • Consult with a legal professional to ensure you have a full understanding of any applicable laws and regulations
  • Once you are confident that you have adequately researched and understand the applicable local, state, and federal laws, you can move on to the next step of considering the type of agreement and parties involved.

Consider the type of agreement and parties involved

  • Identify the type of agreement you need to make (e.g. loan, sale, purchase, etc.)
  • List out the parties involved in the agreement and their roles
  • Verify the parties involved have the legal capacity to enter into the agreement
  • Research the requirements and expectations of each party involved in the agreement
  • When you have identified the type of agreement and the parties involved, you can check this off your list and move on to the next step.

Make sure the agreement complies with any applicable laws

  • Research the specific laws that apply to the agreement and the parties involved.
  • Ensure that the agreement meets all of the legal requirements for contracts in the jurisdiction where the agreement will be enforced.
  • Confirm that the language in the agreement is clear and concise, and does not contain any conflicting provisions.
  • Check to see if any other contracts or documents will be required to complete the joinder agreement.
  • Make sure that the contract is legally binding, and that all parties have agreed to the terms.

Once you have completed this step, you will have taken all necessary steps to ensure that the joinder agreement complies with applicable laws.

What to Do After Creating a Joinder Agreement

  • Ensure that all parties have had a chance to review the agreement
  • Ensure that all parties understand the agreement and have had their questions answered
  • Make sure all signatures are legible and accurately reflect the full name of the signee
  • Make sure that all parties have initialed any changes or additions to the agreement
  • Make sure that the Joinder Agreement is properly notarized and/or witnessed, depending on the requirements of the applicable laws
  • Make sure that the Joinder Agreement is properly dated
  • Once all of the above steps have been completed, you can proceed to the next step.

Make sure the agreement is properly signed and dated

  • Have all parties involved in the agreement sign and date the agreement
  • Have witnesses present if necessary
  • Make sure the signatures are notarized
  • Check that names and contact information of all parties involved in the agreement are included
  • When all parties have signed, dated, and provided contact information, you can check off this step and move on to making copies of the agreement.

Make copies of the agreement and store in safe place

  • Make copies of the joinder agreement
  • Store the copies in a safe place, such as a filing cabinet or safe
  • Make sure you have sufficient copies for all involved parties
  • Once you have securely stored the copies, you can move on to the next step.

Send a copy of the agreement to all parties involved

  • Ask each party to print and sign a separate copy of the agreement
  • Confirm that each party has read and understood the agreement
  • If all parties are in the same location, arrange a meeting to exchange signed copies
  • If all parties are in different locations, use a secure file-sharing service to send copies of the agreement
  • Make sure all parties have received their copies of the agreement before proceeding to the next step
  • When all parties have received their copies of the agreement, you can check this off your list and move on to the next step.

Questions to Ask Before Signing a Joinder Agreement

  • Determine whether the agreement is legally binding. Ask the other parties if they have consulted a lawyer and understand the legal implications of signing the agreement.
  • Ask the other parties if they are signing the agreement voluntarily, without coercion.
  • Ask the other parties if they understand the terms and conditions of the agreement. Make sure they are comfortable with the terms and conditions they are agreeing to.
  • Ask the other parties if they have any questions or concerns about the agreement.
  • When you are satisfied that all parties understand the agreement, you can check this step off your list and move on to the next step.

Is the agreement legally binding?

  • Carefully read through the agreement and check that all parties involved have signed it.
  • If all parties involved have signed the agreement and it is in writing, then it is legally binding.
  • If any of the parties involved have not signed the agreement, it is not legally binding.
  • Check to make sure that all parties involved have signed the agreement and that it is in writing.

Once you have checked to make sure that all parties involved have signed the agreement and that it is in writing, you have completed this step and can move on to the next step.

Are there any risks associated with signing the agreement?

  • Take the time to read through the agreement carefully so that you understand all the risks associated with signing it
  • Ask your lawyer or another legal advisor to help you evaluate the risks if you are unclear on any points
  • Consider any potential risks you may face if you breach the agreement
  • Make sure you understand any potential financial repercussions if you breach the agreement
  • Ask your lawyer or advisor to explain any terms or conditions that you don’t understand
  • Once you have a clear understanding of the potential risks, you can make an informed decision about signing the agreement
  • Once you are satisfied with the risks associated with signing the agreement, you can move on to the next step.

What are the consequences of breaching the agreement?

  • Review the joinder agreement to ensure that there are consequences clearly outlined for any breach of the agreement
  • Make sure the consequences are agreed upon by all parties in the agreement, and that they are enforceable under the law
  • Ensure that the parties understand the penalties for any breach of the agreement, and that they are clearly outlined
  • Document the consequences in writing and make sure that all parties involved sign and agree to them
  • When you have reviewed the consequences and all parties have agreed and signed, you can check this off your list and move on to the next step.

Checklist for Finalizing a Joinder Agreement

  • Confirm that all parties involved have read and understand the terms of the Joinder Agreement.
  • Make sure that all parties have signed the agreement.
  • Verify that all signatures are valid and legally binding.
  • Ensure that all documents and evidence to support the agreement are included.
  • Check that the Joinder Agreement is correctly dated.
  • Confirm that all agreed-upon changes have been incorporated into the agreement.
  • Ensure that all copies of the agreement are stored safely and securely.

Once all of the above criteria have been met, you can move on to the next step and complete the Joinder Agreement.

Confirm all parties have read and understand the agreement

  • Ask all parties involved in the joinder agreement to read through the document and ask any questions they have.
  • Make sure all parties understand the document and the terms of the agreement.
  • Answer any questions that parties involved in the agreement may have.
  • Once all parties have read and understand the agreement, have them confirm in writing that they have done so.
  • Check off this step on the list once all parties have confirmed in writing that they have read and understand the agreement.

Ensure all parties have signed the agreement

  • Make sure that each party has a copy of the agreement
  • Ensure that all parties have signed the agreement
  • Collect the signed agreements and keep them in a safe place
  • Once all parties have signed the agreement, you will know that you can check this off the list and move on to the next step.

Make sure all parties have a copy of the agreement

  • Ensure each party has a physical or digital copy of the agreement
  • Send all parties a copy of the agreement via email or another secure method
  • Check that all parties have received and read their copy of the agreement
  • Confirm each party has a copy of the agreement and has read it
  • When all parties have a copy of the agreement and have read it, you can check this step off your list and move on to confirming the agreement meets all applicable legal requirements.

Confirm the agreement meets all applicable legal requirements

  • Review the agreement to ensure that it meets all applicable legal requirements in the jurisdiction where the agreement will be enforced.
  • Consult with a lawyer to ensure the agreement is legally valid.
  • Check that all parties are legally able to enter into a binding contract.
  • Make sure that the agreement is not in violation of any laws or regulations.
  • Be sure that all parties have read, understood, and agreed to the terms of the agreement.

Once you have completed these steps, you can be confident that the agreement meets all applicable legal requirements.

FAQ:

Q: What is a Joinder Agreement?

Asked by David on October 2nd, 2022.
A: A Joinder Agreement is a legal document which is signed by two or more parties in order to add additional parties to an existing contract. It is used when the existing parties to the contract agree to add an additional party who will be bound by the same terms and conditions as the original parties. The Joinder Agreement outlines all of the terms and conditions that the new party will be bound by and typically includes a signature from all of the involved parties.

Q: How can a Joinder Agreement help me?

Asked by Sarah on April 4th, 2022.
A: A Joinder Agreement can be very useful in many different scenarios. For example, if you are entering into a business contract with another party, they may require that additional parties be added to the contract in order to protect their interests. In this case, a Joinder Agreement can ensure that all of the parties understand their obligations and duties to one another. Additionally, if there are multiple partners in a business venture, it may be necessary to use a Joinder Agreement in order to ensure that all of the partners are bound by the same terms and conditions.

Q: Are there any special considerations when drafting a Joinder Agreement?

Asked by John on August 3rd, 2022.
A: When drafting a Joinder Agreement, it is important to ensure that all of the relevant details are included. This includes information such as the date of the agreement, the names and contact information of all of the parties involved, and any other clauses or terms that need to be included in order for it to be legally binding. Additionally, depending on your jurisdiction, you may need to include specific language that outlines which laws apply to the agreement. It is important to consult with an experienced lawyer who is familiar with your jurisdiction’s laws in order to ensure that your agreement is compliant with local regulations.

Q: Is there any difference between UK and USA/EU jurisdictions when using a Joinder Agreement?

Asked by Michael on February 12th, 2022.
A: Yes, there are some differences between UK and USA/EU jurisdictions when it comes to using a Joinder Agreement. In general, UK law is more permissive when it comes to adding additional parties to an existing contract than US/EU law. However, there may also be differences in how each jurisdiction interprets certain clauses or words used in a Joinder Agreement, so it is important to review any agreements with an experienced lawyer who is familiar with the laws in your jurisdiction before signing anything. Additionally, if you plan on entering into contracts with parties from different jurisdictions, it is important to make sure that everyone agrees on which law will govern the agreement before signing anything.

Q: Are there any specific industry or business models which would benefit from using a Joinder Agreement?

Asked by Matthew on July 8th 2022.
A: Yes, there are certain industry or business models which could benefit from using a Joinder Agreement. For example, companies operating in technology or SaaS (Software as a Service) industries often need multiple parties involved in their contracts in order for them to function properly or provide access to services. Additionally, B2B (Business-to-Business) companies often need multiple parties involved in order for their contracts and agreements to be legally binding and enforceable. In these cases, it can be beneficial for all of the involved parties to sign a Joinder Agreement so that everyone knows exactly what their obligations are under the contract.

Q: Does my company actually need a Joinder Agreement?

Asked by Jessica on June 5th 2022.
A: Whether or not your company actually needs a Joinder Agreement depends on what type of contract you are entering into and how many parties will be involved in it. If your contract involves multiple parties and you want them all bound by the same terms and conditions then it is likely that you will need a Joinder Agreement in order for it to be legally binding and enforceable. On the other hand, if you are only entering into contracts with one other party then you may not need one as long as both parties agree on all of the terms and conditions included in their agreement without needing an additional document outlining those terms and conditions.

Example dispute

Suing a Company using a Joinder Agreement

  • A joinder agreement is a contract between two or more parties that allows them to join forces in a lawsuit against a third party.
  • The plaintiff could use this agreement to join forces with other parties in order to raise a lawsuit against a company.
  • It is possible for the plaintiff to win a lawsuit referencing a joinder agreement if they are able to demonstrate that the company has breached the contract, or otherwise engaged in wrongful conduct, in some way.
  • The plaintiff must also be able to prove that the breach or wrong-doing caused the plaintiff to incur damages.
  • Settlement could be reached through negotiation or mediation, or if necessary, a court can award damages to the plaintiff.
  • Damages can be calculated by taking into account the economic and non-economic losses suffered due to the breach or wrong-doing of the company.

Templates available (free to use)

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Sharesholders Contract Joinder Contract

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