Business Plans Template

BUSINESS PLANS TEMPLATE

This Business Plan Preparation Agreement ("Agreement") is entered into as of Day: Month: Year: by and between Client Name: and Consultant Name: .

WHEREAS

WHEREAS, Client desires that Consultant prepare a comprehensive business plan addressing strategy, market analysis, financial projections, organizational structure and implementation milestones to support Client's business objectives and potential financing efforts; and

WHEREAS, Consultant has professional experience and expertise in preparing business plans, financial models and related advisory services and is willing to provide such services under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties wish to set forth their respective rights and obligations with respect to the preparation, delivery and use of the business plan.

Scope of Work

Consultant shall prepare and deliver a business plan (the "Plan") in accordance with the specifications set forth below. The Plan shall be based on information provided by Client and shall include the deliverables selected by the parties.

Executive Summary

Market Analysis and Competitive Assessment

Financial Projections (profit & loss, cash flow, balance sheet)

Marketing and Sales Plan

Operations and Management Plan

Risk Assessment and Mitigation

Payment Terms

Client shall pay Consultant the total fee of $ for the services and deliverables set forth herein, subject to the schedule below.

Remaining balance payable as follows:

Balance due on or before Day: Month: Year:

Late payments shall incur interest at % per month on the outstanding amount, compounded monthly, plus all costs of collection, including reasonable attorneys' fees.

Term and Termination

This Agreement commences on Start Date: and continues until End Date: unless earlier terminated as provided herein.

Either party may terminate this Agreement for convenience upon written notice to the other party no less than days prior to the intended termination date. Either party may terminate immediately for material breach if the breach is not cured within thirty (30) days following written notice, or immediately for insolvency or bankruptcy of the other party.

Upon termination, Client shall pay Consultant for all services performed and expenses incurred through the effective date of termination. Sections regarding Confidentiality, Intellectual Property, Payment of Fees and Governing Law shall survive termination.

Confidentiality

Each party (the "Receiving Party") shall treat as confidential and shall not disclose to any third party any non-public information or materials (whether written, oral or electronic) disclosed by the other party (the "Disclosing Party") in connection with this Agreement, except such information that: (a) is or becomes generally available to the public through no breach of this Agreement by the Receiving Party; (b) was rightfully in the Receiving Party's possession prior to receipt from the Disclosing Party; (c) is rightfully obtained by the Receiving Party from a third party without restriction; or (d) is independently developed by employees or agents of the Receiving Party who had no access to the Disclosing Party's confidential information.

The Receiving Party shall use reasonable measures to protect the confidentiality of the Disclosing Party's information, not less than those measures it uses to protect its own confidential information of a similar nature. Upon written request, the Receiving Party shall promptly return or destroy confidential materials and certify their destruction.

The parties acknowledge that a breach of this Confidentiality provision would cause irreparable harm for which damages are an inadequate remedy, and agree that the Disclosing Party shall be entitled to seek injunctive relief without posting bond in addition to any other remedies available at law or in equity.

Intellectual Property

Consultant retains ownership of its pre-existing templates, methodologies, tools and know-how. Subject to full payment of all amounts due under this Agreement, Consultant hereby assigns to Client all right, title and interest in and to the specific final Plan delivered to Client (excluding Consultant's underlying templates and proprietary tools). Consultant grants Client a perpetual, non-exclusive, royalty-free license to use Consultant's pre-existing materials to the extent incorporated into the delivered Plan.

Client shall not reproduce or distribute the Plan for purposes other than Client's internal business use or approved fundraising activities without Consultant's prior written consent if such distribution would disclose Consultant's proprietary methodologies.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. The parties submit to the exclusive jurisdiction of the courts of that State for any dispute arising under this Agreement.

Entire Agreement; Amendments

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether oral or written. Any amendment or modification of this Agreement must be in writing and signed by authorized representatives of both parties.

Miscellaneous

The relationship of the parties is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture or employment relationship. Consultant shall be responsible for all taxes and benefits for Consultant's personnel. Neither party shall be liable to the other for consequential or punitive damages, except for breaches of confidentiality or willful misconduct.

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