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Charities and Social Enterprises

Commercial Agreements for Charities and Social Enterprises

Almost all of our charity and social enterprise clients will find themselves needing to enter into contracts from time to time, and it is vital that the terms suit you, from both a commercial and legal perspective. It is also important to remember that contracts do not need to be in writing to have legal effect Therefore we recommend ensuring the terms agreed between you and the other party are in written form, to give clarity to everyone involved.

Everyone hopes that there is never any need to revisit a contract once it has been signed, however, having a full written record of what has been agreed can act as an ‘insurance’ if things do not go quite the way you hoped. It can provide certainty as to how the relationship should be brought to an end and the responsibilities of the parties.

How can we help?

We are experienced in drafting and negotiating all forms of commercial contracts and our aim is always to allow you as clients to utilise the opportunities on offer whilst managing and mitigating any risk to you and your organisation as far as possible.

We can provide legal support on:

  • Terms and conditions for the supply of goods, services or facilities by or to your organisation;
  • Collaboration or ‘partnership’ agreements to document joint working arrangements with external organisations;
  • Informal arrangements such as Memoranda of Understanding (MOUs);
  • Sub-contracts with delivery partners in relation to commissioned services;
  • Resource sharing agreements with trading subsidiaries or external organisations;
  • Deeds of covenant relating to gifts of profits from trading subsidiaries;
  • Grant agreements, and other funding agreements and arrangements.

Disputes are costly and best avoided. Having well drafted and appropriate terms and conditions and contracts at the outset is much more cost effective than taking legal action. Where appropriate we consult with our other specialist teams to ensure that you receive integrated, ‘joined up’ support across all relevant legal disciplines to ensure all angles are covered.

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