You must have surely heard of the term barter agreements, right? These are formal pacts signed between two parties. The pact includes the exchange of products, services and money.
The agreement requires proper formatting of desired terms and requirements to negotiate the exchange successfully. This can be achieved by referring to a barter agreement template which can help in creating a unique and understandable agreement.
What Is a Barter Agreement?
It is important to note that money may not be included in the process of trade. The barter should be done by transfer of products and services only.
A barter agreement is essential as it protects the valuables belonging to both parties. As a record of the bargained services, it might be helpful in times of arising disputes between parties.
It should present the detailed requirements beforehand to avoid any conflict in the future. These may include the list of services and tasks that are required to be done and the period in which the services should be completed.
As a lawfully binding document that protects from violation of the termst, barter agreement can help the damaged party to approach a legal authority to seek justice. These agreements can act as a piece of evidence in front of the court.
Get a Free Barter Agreement Template Below!
When you start using a barter agreement form, your business can ensure a completely legal and formal transactional process. To streamline business operations and avoid legal conflict in the future, start using our free barter agreement forms today.
What Does a Barter Agreement Work For?
Barter agreements usually allow the interchange of goods, commodities or service and money. However, the exchange of products and services without including payment can also be done. Products may also be exchanged in place of services provided.
The consumer services that can be a part of a barter agreement may include accounting, household cleaning, repair and mechanical work, home maintenance projects, medical benefits, finances or tax-related services. These can be exchanged against each other.
Various consumer goods are considered a good deal in the barter system. A medium of exchange is required for the bartering to take place. It protects that medium of exchange to provide protection and reliability during the trade process.
Barter transactions can also take place in terms of services other than consumer services. This may include the trade of advertising services and rights.
One of the parties may exchange their advertising platform against the right to advertise on the other party’s advertising platform.
Various business services can also be traded using barter agreements. A barter agreement sample can help you in customizing your unique agreement according to the services you desire. Barter agreements provide security to all kinds of exchanged services or products.
What Should Be Included in a Barter Agreement?
Key features should be ensured to avoid any confusion between both parties. Some essential points are listed as following:
- The details of the products, commodities or services that are being exchanged by both parties.
- The desired terms and conditions should be presented clearly without causing any confusion. It helps in clearing out the expectations beforehand regarding the exchange process.
- Both parties should ensure that the products are provided in a well-maintained condition, and the services are provided as expected by the other party.
- The goods and services listed in the agreement, if unique, should be entitled only to the agreeing party. No other consumer should be allowed the same exceptional services without any written consent.
- No party should blame the other for any damage experienced by the products after the agreement ends. The costs of loss should be dealt with by the party which possesses the products when the damage occurs.
These clauses are essential for a legal and understandable barter agreement. The points mentioned should be considered unique to different consumers and may be customized according to the need of the consumer.
Get a Free Barter Agreement Template Below!
When you start using a barter agreement form, your business can ensure a completely legal and formal transactional process. To streamline business operations and avoid legal conflict in the future, start using our free barter agreement forms today.
Conclusion
Barter agreements are essential for the security of the consumers participating in barter trade. This agreement provides a lawful advantage in case of an exchange of products and services. It can act as a piece of evidence in the jury if any false allegations are imposed.
CocoSign offers a free barter agreement template which can help you in drafting your own version that meets your expectations and requirements. Don’t forget to check it out on our website!
DOCUMENT PREVIEW
BARTER AGREEMENT
I. THE PARTIES. This Barter Agreement (“Agreement”) made this _______________________, 20____, made between the following:
PARTY A: _______________________ with a Street Address of _______________________, City of _______________________, State of _______________________, (“Party A”) and
PARTY B: _______________________ with a Street Address of _______________________, City of _______________________, State of _______________________, (“Party B”).
Party A and Party B shall collectively be known as the “Parties” and agree to exchange goods and/or services as agreed-upon below:
II. THE OFFERING. The Parties agree to exchange each other’s goods and/or services for the monetary values ($) described below:
Party A Offers: ________________________________________________________________
With a monetary value ($) of: _______________________________________________
Party B Offers: ________________________________________________________________
With a monetary value ($) of: _______________________________________________
Hereinafter known as the “Offerings” and each Party agrees to adhere to the above-mentioned monetary value for the Offerings as final. The monetary value of the Offerings has no connection to its fair market value.
III. DELIVERY OF GOODS. The delivery of the Offerings shall be: (check one)
☐ - On a Specific Date. The Offerings shall be exchanged and delivered by each party on or before _______________________, 20____.
☐ - For an Ongoing Arrangement. The Offerings shall be exchanged for an ongoing arrangement until terminated by either of the Parties. If any of the Parties shall terminate this Agreement, any outstanding Offerings shall remain owed. Termination of this Agreement must be done in writing and to the mailing address mentioned in Section I.
IV. GOVERNING LAW. The Parties agree that this Agreement shall be governed under the laws located in the State of _______________________.
V. EXCHANGE OF GOODS. The Parties agree to deliver the Offerings on the agreed-upon timeframe mentioned in Section III. Any changes must be agreed to, in writing, by both Parties. Party A and Party B represents that they both freely and legally entered into this Agreement.
VI. RIGHTS TO OFFERINGS. Each party represents the following:
a.) Goods. If goods are exchanged in the Offerings by either of the Parties, that the they can be transferred legally and are free of any liabilities or encumbrances. In addition, such goods shall be able to be resold at a later time.
a.) Services. If services are exchanged in the Offerings by either of the Parties, that the service being provided can legally be carried out under Local, State, and Federal law. Furthermore, such services shall be considered complete when it has been deemed acceptable by the receiving party in accordance with industry standards.
VII. HOLD HARMLESS. The Parties shall indemnify each other including its officers, agents, assigns, contractors, subcontractors, and employees, from and against any and all claims, demands, suits, losses, liabilities, and costs including attorneys’ fees arising out of any alleged breach of this Agreement.
VIII. ADDITIONAL TERMS & CONDITIONS. _________________________________
______________________________________________________________________
______________________________________________________________________
IX. SEVERABILITY. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
X. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
IN WITNESS WHEREOF, the Parties have indicated their acceptance of the terms of this Agreement by their signatures below on the dates indicated.
Party A Signature: __________________________ Date: ___________________
Print Name: __________________________
Party B Signature: __________________________ Date: ___________________
Print Name: __________________________
