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Side Agreement for South Africa

Side Agreement Template for South Africa

A Side Agreement is a supplementary legal document used in South African business law to modify, clarify, or add provisions to an existing main agreement without completely replacing it. This document operates under South African contract law and must comply with local regulatory requirements. It serves as a flexible instrument to address specific changes or additions to the original agreement while maintaining the core structure of the main contract. The document typically includes references to the original agreement, specific modifications, and clear statements about how these changes affect the original terms.

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What is a Side Agreement?

The Side Agreement is a crucial legal instrument in South African commercial practice, designed to accommodate changes or additions to existing contractual relationships without the need to redraft entire agreements. It is typically used when parties need to modify specific terms, add new provisions, or clarify existing clauses in a main agreement while keeping the original contract intact. This document type is particularly valuable in complex business transactions where flexibility is required, or when circumstances change after the original agreement is signed. The Side Agreement must comply with South African contract law principles and relevant sector-specific regulations. It's commonly used in situations involving price adjustments, scope changes, deadline extensions, or the addition of new parties to an existing arrangement.

What sections should be included in a Side Agreement?

1. Parties: Full legal names and details of all parties to the side agreement (must match main agreement parties unless adding new parties)

2. Background: Reference to main agreement, reason for side agreement, and context of modifications or additions

3. Definitions: Key terms used in the side agreement, incorporating definitions from main agreement by reference and adding new definitions if needed

4. Relationship to Main Agreement: Explicit statement of how this side agreement relates to and affects the main agreement

5. Amendments/Additional Terms: Specific modifications to main agreement or additional terms being introduced

6. Effect on Main Agreement: Statement that all other terms of main agreement remain in full force and effect except as modified

7. Governing Law: Confirmation that South African law governs (should match main agreement)

8. Signatures: Execution block for all parties

What sections are optional to include in a Side Agreement?

1. Additional Parties: Section introducing new parties not in main agreement, if applicable

2. Duration: If the side agreement has a different duration than the main agreement

3. Conditions Precedent: Any conditions that must be met before side agreement becomes effective

4. Consideration: If new consideration is being provided, separate from main agreement

5. Confidentiality: If additional confidentiality provisions are needed beyond main agreement

6. Dispute Resolution: If dispute resolution process differs from main agreement

7. Notices: If notice details differ from main agreement or new parties are added

What schedules should be included in a Side Agreement?

1. Schedule 1 - Amended Clauses: Full text of amended clauses showing tracked changes from main agreement

2. Schedule 2 - Additional Terms: Detailed new terms or provisions being added to main agreement

3. Schedule 3 - Comparison Table: Table showing original vs. modified clauses for easy reference

4. Appendix A - Supporting Documents: Any relevant supporting documents referenced in the side agreement

5. Appendix B - Corporate Approvals: Copies of relevant corporate authorizations if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions






























Clauses




























Relevant Industries

Financial Services

Mining

Manufacturing

Technology

Telecommunications

Real Estate

Retail

Energy

Agriculture

Construction

Healthcare

Professional Services

Transportation

Education

Hospitality

Relevant Teams

Legal

Commercial

Compliance

Operations

Risk Management

Finance

Procurement

Business Development

Contract Administration

Corporate Affairs

Project Management

Account Management

Relevant Roles

Legal Counsel

Contract Manager

Commercial Director

Chief Legal Officer

Business Development Manager

Compliance Officer

Project Manager

Operations Director

Risk Manager

Corporate Secretary

Finance Director

Procurement Manager

Account Executive

Partnership Manager

General Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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