Heads of Agreement

Suitable for all Australian states and territories

A Heads of Agreement is a non-legally binding pre-cursor document that you can use during the negotiation stage to record proposed terms of two parties.

Document Overview

A Heads of Agreement is a good document to start with when you are planning to or are interested in entering into an agreement with another entity in the near future. It works as an 'agreement to agree', however is not a legally binding contract. It is useful for keeping a record of what was discussed during the negotiation state, and what is to be included in the proposed agreement. If the proposed agreement has a signed paper record, you are able to ensure that the execution of a legally enforceable document is smooth and minimises any potential conflict.

Use this Heads of Agreement if:

  • You would like to set out the proposed terms of an agreement between you and another party during the negotiation stage before a formal agreement is made

  • You would like to set out in writing the intention of the parties moving forward

What does the Heads of Agreement cover?

  • Details of the proposed formal agreement;

  • Obligations of both parties;

  • Consideration for the proposed agreement; and

  • Options to include clauses for confidentiality, intellectual property, non-solicitation and/or exclusivity obligations.

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