The Finder's Fee Agreement is a crucial document for businesses operating in Austria who wish to formalize arrangements with intermediaries who facilitate valuable business connections or opportunities. This agreement type is commonly used when a company (Principal) seeks to engage an individual or entity (Finder) to identify and introduce potential business partners, acquisition targets, investors, or clients. The document must comply with Austrian civil and commercial laws, including the ABGB (Austrian Civil Code) and UGB (Commercial Code), while also addressing EU requirements such as GDPR. It typically includes detailed provisions on commission structures, payment triggers, and protection mechanisms for all parties involved. The agreement is particularly important in regulated industries where clear documentation of business relationships and payment obligations is essential for compliance and audit purposes.
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1. Parties: Identification of the Principal and the Finder, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement, including 'Successful Introduction', 'Target Business', and 'Finder's Fee'
4. Scope of Services: Detailed description of the Finder's role, responsibilities, and permitted activities
5. Success Criteria: Clear definition of what constitutes a successful introduction and triggers the fee obligation
6. Fee Structure and Payment Terms: Amount or calculation method of the finder's fee, payment timing, and invoicing requirements
7. Term and Termination: Duration of the agreement and conditions for termination
8. Confidentiality: Obligations regarding confidential information and business secrets
9. Data Protection: GDPR compliance and data handling requirements
10. Non-Circumvention: Provisions preventing direct dealings that bypass the Finder
11. Representations and Warranties: Basic promises and statements by both parties
12. Governing Law and Jurisdiction: Confirmation of Austrian law application and competent courts
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Exclusivity: Used when the Finder has exclusive rights for certain introductions or territories
2. Non-Solicitation: Include when parties want to prevent hiring of each other's employees
3. Marketing and Promotion: Include when the Finder needs specific rights to promote the Principal's business
4. Intellectual Property: Required when the Finder needs to use Principal's trademarks or materials
5. Force Majeure: Include for longer-term arrangements to address unforeseen circumstances
6. Insurance: Include when Finder is required to maintain specific insurance coverage
7. Compliance with Laws: Include detailed compliance obligations for regulated industries
8. Dispute Resolution: Include if parties want to specify mediation or arbitration before court proceedings
1. Schedule 1 - Fee Calculation: Detailed breakdown of fee structures, including any sliding scales or bonus arrangements
2. Schedule 2 - Target Business Profile: Specific criteria and characteristics of businesses or opportunities being sought
3. Schedule 3 - Reporting Requirements: Templates and timeframes for activity reporting if required
4. Schedule 4 - Excluded Opportunities: List of pre-existing contacts or opportunities excluded from the agreement
5. Schedule 5 - Approved Marketing Materials: If applicable, pre-approved materials and messaging for the Finder's use
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