Generally, we all go through a stage in life where we are under the illusion that we are invulnerable. To us, tragedies and disasters are unlikely occurrences that only happen onscreen. Either that, or that they are so far off in the future that there is no point for us to worry about them just yet. The optimists and reckless child in us prefer to go through the day unworried about any possibility of things going wrong. After all, is it not easier to go about our usual routines and assume and hope that everything will be as they were yesterday, if not better. We don’t allow ourselves to think negatively because the constant anxiety if we do is a lot to cope with.
Due to this, we find ourselves unprepared for the unexpected lemons life throws our way. This is perhaps why even the happiest people find themselves shattered when there is no easy way out of a sticky situation. This is also why people find themselves in court, battling with the people they never thought they’d have to speak to through an attorney.
It is absolutely recommended that every agreement you enter into would be documented in written form—as a sort of safety cushion in case life does not go as planned. Here in this article are some Agreement Samples you might need down the road, their purpose, and how to write them.
According to the dictionary, an agreement is a negotiated and typically legally binding arrangement between parties as to a course of action. Agreements go about in two ways:
Verbal agreements are just as valid and binding as written ones. However, it is recommended that what was verbally agreed upon be put into formal writing as verbal agreements are difficult to prove and is often dismissed in court unless sufficient evidence acquired through legal means are presented.
It is important to have formal agreements written and drafted because
There are a lot of advantages to having an agreement that holds weight in court. From being a safety net to being a tool to fight back, here are a few of the advantages:
There are many kinds of agreements that you might encounter throughout your lifetime, though not all. Here are just some of the most common types of agreements that will be further discussed throughout this article:
Whether you are the tenant or the landlord, it is important for you to know the specifics of the terms of your lease agreement. This will make sure you are protected from abuse from the other party and gives you the right to leave (tenant) or kick the other party out (landlord) in the event that the terms and conditions of your agreement are not being met.
A lease agreement typically covers these scopes:
In a world where you have to be cautious, even people about to marry each other might need safety cushions in case the marriage goes sour. A prenuptial agreement makes sure that the parties involved don’t take advantage of their future partners and sets the grounds ahead to make things easier in case of a divorce or separation. A prenuptial agreement is not limited to but typically covers the following scopes:
A prenup might include how much of the couple’s funds are shared and how much the other does not have access to. It might also include who pays for what or how much each should contribute to a joint account every certain period of time.
This section covers where the couple would be spending their days. This is sometimes included especially in the cases of couples who have multiple dwelling places.
In Case of a Divorce
This part of the agreement already sets the grounds of what happens in case of a divorce. Some couples would state that in case the marriage does not work out, they would not be entitled to give each other anything. However, some couples state that one would still continue to provide for the other, even after separation.
The clauses of a prenup depend entirely on the couple. Some agreements include ridiculous provisions like how one partner cannot cut their hair short or how one partner should not be disturbed every Friday night so they may watch football in peace.
They say that just because two people are perfect for each other, it does not immediately follow that they are meant for each other. Fairy tales don’t apply in real life and happily ever afters are never guaranteed. Sometimes, though, two people are just wrong for each other to begin with, or perhaps they fell out of love, or maybe the marriage was a mistake. Whatever the reason for the divorce, it is important to be very clear with the terms of its settlement:
Division of Joint Finances
If should be stated how much exactly each ex-partner is entitled to. If one partner is required to pay alimony checks to the other, it should also be stated in the agreement.
Division of Conjugal Properties
The agreed division of shared properties like real estate, furniture, or others should be explicitly detailed in an agreement.
Custody of Children or Pets
A divorce settlement agreement should be very clear about the custody of children and pets that the couple have together. Visitation rights and their conditions should also be stated.
Nondisclosure agreements, or NDAs, and confidentiality agreements have the same purpose: to protect information. A confidentiality agreement usually include terms regarding the following:
A confidentiality agreement has to be very specific about what information are to be kept confidential and what is considered as the failure to do so. It should also include the people who are authorized to access the information.
Termination or Length of Validity of the Confidentiality Agreement
This section talks a specific period of time that a nondisclosure agreement is considered enforceable.
The breach of a confidentiality agreement is sometimes excused when the information has become public knowledge or the disclosure of it was already done by another party. Psychologists are mostly exempt from confidentiality agreements if their clients display disturbing behavior that could cause harm to themselves or others.
This is a clause talking about what could happen in case of the breach of a confidentiality agreement such as conviction and imprisonment, termination of employment, or the payment of a fine.
In matters that have to do with your livelihood, it is not advisable to play around. Always have yourself protected by making sure you have all your agreements filed, legally binding, and in order. While different types of business agreements may contain varying clauses, they generally include these provisions:
The Parties Involved
It is important to make sure that the full legal names of the parties involved are correctly spelled. When dealing with a company, always make sure that it is the company’s name as it appears in the business permit that is written and not the name of the one signing on behalf of the company.
The Specifics of the Agreement
Whatever the agreement is regarding, make sure that you explicitly state the terms and conditions of the agreement. Describe everything that could be described in as much detail as you can. This protects you from possible loopholes and makes sure that the terms of the agreement are as clear as possible.
Division of Assets and Workload (For Partnership Agreements)
For partnerships, it is important to be clear about what is expected from each partner. Is one partner the financier and the other the doer? Or is there an equal division of workload? Be very clear in your terms about the exact description of the jobs of each person in the company and what their compensation and share of the company is.
Termination of the Agreement
It should be stated under what circumstances can the agreement be terminated and what process should be undergone so that the agreement will be formally and legally closed. It also includes what compensation, if any, would be awarded to those involved in the agreement should it be terminated.
An agreement is valid and legally binding if it is eligible to undergo the process of litigation. To make sure that your agreement is enforceable in the eyes of the court, it has to meet these conditions:
An agreement that includes provisions that are illegal will be not be honored in court.
To be considered valid, the parties must all be of legal age at the time of the signing and must not be mentally incapable or under the influence of mind-altering substances. They must also have entered the contract in their own will.
See the Sample Agreements we have available on the site for examples you could use as a reference and guide. Before signing an agreement, it is important to read it thoroughly and consult an attorney.