Non Binding Partnership Agreement for New Zealand

Non Binding Partnership Agreement Template for New Zealand

A Non-Binding Partnership Agreement is a preliminary document used in New Zealand business contexts to outline the proposed terms and structure of a potential partnership without creating legally binding obligations. This document serves as a framework for partnership discussions and negotiations, incorporating key considerations under New Zealand law, including the Partnership Act 2019 and relevant commercial legislation. It details proposed contributions, responsibilities, and operational frameworks while explicitly maintaining its non-binding status, allowing parties to explore partnership opportunities with clarity but without immediate legal commitment.

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What is a Non Binding Partnership Agreement?

The Non-Binding Partnership Agreement serves as an essential preliminary document in New Zealand's business environment, used when parties wish to formally document their partnership discussions and intentions without creating legally binding obligations. It provides a structured framework for exploring potential business partnerships while maintaining flexibility and allowing parties to withdraw from discussions if needed. This document type is particularly valuable in New Zealand's collaborative business culture, where organizations often seek to establish clear understanding before committing to formal partnerships. The agreement typically includes proposed terms, contributions, and operational structures, all while clearly stating its non-binding nature. It operates within the context of New Zealand's Partnership Act 2019 and related commercial legislation, providing a foundation for potentially transitioning to a binding partnership agreement in the future.

What sections should be included in a Non Binding Partnership Agreement?

1. Parties: Identifies and provides full details of all parties to the proposed partnership arrangement

2. Background: Sets out the context and circumstances leading to the proposed partnership and clearly states the non-binding nature of the agreement

3. Definitions: Defines key terms used throughout the document to ensure common understanding

4. Purpose and Objectives: Outlines the intended purpose of the proposed partnership and its key objectives

5. Proposed Partnership Structure: Describes the proposed structure of the partnership, including roles and responsibilities

6. Decision Making Process: Outlines the proposed approach to making decisions within the partnership

7. Resource Commitments: Details the proposed contributions (financial, assets, skills) each party intends to make

8. Confidentiality: Specifies how confidential information shared during discussions should be handled

9. Duration and Review: States the proposed timeline for partnership discussion and review periods

10. Non-Binding Nature: Explicitly reiterates that the agreement is non-binding and does not create legal obligations

11. Termination of Discussions: Outlines how either party can withdraw from partnership discussions

What sections are optional to include in a Non Binding Partnership Agreement?

1. Intellectual Property: Include when the proposed partnership involves sharing or creating intellectual property

2. Marketing and Branding: Include when the partnership involves joint marketing or brand usage

3. Risk Sharing: Include when discussing how potential risks might be allocated between partners

4. Dispute Resolution Process: Include when parties want to establish a framework for resolving disagreements during discussions

5. External Communications: Include when the partnership discussions need to be communicated to external stakeholders

6. Regulatory Compliance: Include when the proposed partnership involves regulated industries or activities

7. Future Binding Agreement: Include when parties want to outline the process for moving towards a binding agreement

What schedules should be included in a Non Binding Partnership Agreement?

1. Schedule 1: Proposed Financial Contributions: Detailed breakdown of proposed financial commitments from each party

2. Schedule 2: Proposed Resource Allocation: List of assets, equipment, or resources each party proposes to contribute

3. Schedule 3: Proposed Operational Framework: Overview of how the partnership would operate day-to-day

4. Appendix A: Initial Business Plan: Preliminary business plan or strategy document for the proposed partnership

5. Appendix B: Key Personnel: List of key personnel from each party who would be involved in the partnership

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

Jurisdiction

New Zealand

Publisher

Genie AI

Cost

Free to use
Clauses
Relevant Industries

Technology

Professional Services

Manufacturing

Retail

Healthcare

Education

Financial Services

Agriculture

Construction

Hospitality

Transport and Logistics

Creative Industries

Environmental Services

Real Estate

Tourism

Relevant Teams

Legal

Corporate Development

Business Development

Executive Leadership

Strategy

Operations

Finance

Commercial

Risk Management

Compliance

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Corporate Lawyer

Legal Counsel

Partnership Manager

Strategic Alliance Director

Operations Director

Chief Financial Officer

Commercial Manager

Investment Manager

Business Owner

Entrepreneur

Strategy Director

General Counsel

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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