Figure 14.6 Contract template

AGREEMENT

Dated:             [                       ]

Parties:           (1)

                         (2)

THIS AGREEMENT is made the day of BETWEEN

(1)       [Name] of [Address] (the ‘[defined term]’); and

(2)       [Name] of [Address] (the ‘[defined term]’).

IT IS AGREED as follows:

1. DEFINITIONS ¹

In this agreement:

1.1       the ²‘     ’ means [ ];

1.2       the ‘     ’ means [ ]; and

1.3       the ‘     ’ means [ ].

2. OPERATIVE PROVISIONS

This is where the clauses granting rights and imposing obligations will feature. You will structure the document so perhaps one clause grants rights, the next imposes obligations, the next deals with any payments, and so on.

3. GRANTING OF RIGHTS

The ³ [                ] gives the [                 ] the following rights subject to the provisions of this agreement:

3.1       to do X; ⁴

3.2       to do Y; and

3.3       to do Z.

4. OBLIGATIONS

[                       ] must do A on or before [                  ].

5. PAYMENT

[           ] must pay to [             ]:

5.1       a deposit of £[             ] on or before [                        ] pm on [                        ]; and

5.2       a further sum of £[                  ] on or before [                        ] pm on [                        ].

6. OTHER CLAUSES TO REFLECT THE CLIENT’S SPECIFIC INSTRUCTIONS

You must make sure that your drafting carries out all of the client’s instructions.

7. RESTRICTIONS

[                       ] must not:

7.1       do A;

7.2       do B; or

7.3       do C.

8. BOILERPLATE CLAUSES

At the end of every agreement, whatever the context, you will find similar clauses referred to as boilerplate clauses. They include the following clauses.

9. LIABILITY AND INDEMNITY

[                       ] must indemnify [                  ] against [                    ].

10. TERMINATION

The rights granted in clause 3 will end: ⁵

10.1     immediately on [                     ]; or

10.2     on not less than [                     ] month’s notice expiring at any time given by either party to the other.

11. ASSIGNMENT

The benefit of this agreement [is] [is not] assignable.

12. NOTICES

All notices given by either party under any provision of this agreement must be:

12.1     be in writing; and

12.2     addressed to [ ] at [ ] and served:

                    12.2.1 ⁶  by hand; or

                    12.2.2 sent by registered post; or

                    12.2.3 sent by recorded delivery; or

                    12.2.4 sent by fax, provided that a confirmatory copy is delivered by hand or sent by registered
                      post or recorded delivery on the same day.

SIGNED by [              ])

in the presence of)

SIGNED by [              ]) ⁷

in the presence of)