my friend and i are going to start a small personal training business together. as i understand we need to right up a partnership agreement.what things do we need to include in it?any hints?thank you
Asnyc05 has some great points for the partnership agreement.As for the business entity, this is the type of business you will form.Here is a list of the different types of business you can form:Sole proprietorshipPartnershipsCorporationsS-CorporationsLLC or a Limited Liability CorporationEach one has different requirements and different levels of protection for yourself.Below is a link to the IRS website which goes more into detail for each business structure.http://www.irs.gov/businesses/small/arti��
The obvious answer is have a lawyer (preferrably), or someone legally capable draft up the agreement.But things to be aware of would include (non-exhaustive list):- Name and address of the business- Nature of the business- Length of the partnership (5yrs, 10 yrs?)- Capital contribution (how much will you each contribute)- Ownership percentages (usually just prorata of contribution)- Division of profit and losses (usually you ll put in a schedule, at the most basic level, it is just prorata your ownership)- Salaries and withdrawals, if any- Goveranance (very important - how will you share/distribute authority? will your partner need your consent to bring on another partner? what kind of decisions (monetary, operating, etc.) can each partner make with and without the other s approval)- Disputes (will you arbitrate or litigate)- Death of a partner or partner withdraws his/her partnership- Causes for termination- Liability recourse?- Representations and warranties (stuff like I, understand that while a partner here I cannot engage in the sale of say, third party fitness products, etc.etc , will not willfully harm the business... )- Non-compete (if you have any intellectual, say a client list - you want to make sure that your partner cannot poach your clients or other intellectual property after s/he leaves - the terms are usually anywhere from a few months to a few yrs)
You didn t indicate what type of business entity you plan to register, but I recommend that you look at an LLC if you haven t already. It has significant advantages as far as protecting your personal assets from any business liabilities.