Every business needs contracts to operate and protect its interests. Whether you’re selling products, hiring contractors, partnering with another company, or leasing space, you need written agreements that clearly spell out the terms. But knowing which type of agreement to use isn’t always straightforward. You might need a sales contract for one transaction and a partnership agreement for another. Using the wrong agreement or leaving out critical clauses can expose your business to legal disputes, financial losses, and damaged relationships you didn’t anticipate.
This guide covers 8 common types of commercial agreements you’ll encounter when running a business in the Netherlands. You’ll learn what each agreement covers, when to use it, and the key clauses that protect your interests. We break down legal services agreements, sales and purchase contracts, service agreements, NDAs, supply and distribution deals, partnership and shareholder agreements, franchise contracts, and commercial leases. By the end, you’ll know which agreement fits your situation and what terms matter most.
1. Legal services agreements with Law & More
When you need ongoing legal support for your business, a legal services agreement gives you predictable access to expert counsel without starting from scratch each time an issue arises. Law & More uses these agreements to establish long-term relationships with businesses that need consistent legal guidance across multiple areas of Dutch law. These contracts represent one of the most practical types of commercial agreements for companies that face regular legal questions.
What a legal services agreement covers
A legal services agreement defines the specific legal services your lawyer will provide, from contract reviews and business advice to litigation support and compliance. The contract specifies response times, communication methods, and which lawyer handles your matters. You’ll also see clauses about confidentiality, conflict provisions, and how the firm protects privileged information.
How Law & More structures these agreements
Law & More tailors each agreement to match your needs and budget. The firm offers hourly rate arrangements between €250 and €400 (excluding VAT), or fixed fee structures for predictable monthly costs. Your agreement specifies which practice areas you can access, whether corporate law, employment issues, or contract disputes.
A well-structured legal services agreement prevents billing surprises and gives you direct access to lawyers when urgent issues arise.
When a long term counsel makes sense
You should consider this arrangement when your business faces regular legal questions that need quick answers. Companies with ongoing contracts, employment matters, or compliance requirements benefit most. Having established counsel who understands your business means faster resolutions and proactive risk management instead of reactive problem-solving.
2. Sales and purchase agreements
Sales and purchase agreements form the backbone of commercial transactions when you buy or sell goods in the Netherlands. These contracts establish the legal rights and obligations between buyer and seller, covering everything from product specifications to payment terms. Among the types of commercial agreements you’ll use, this one protects both parties when physical goods change hands, whether you’re dealing in machinery, inventory, raw materials, or finished products.
What this agreement covers
This agreement specifies the exact goods being sold, including quantity, quality standards, and technical specifications. You’ll find terms about delivery dates, shipping responsibilities, and who bears the risk if goods get damaged in transit. Payment provisions detail the price, currency, payment schedule, and what happens if someone fails to pay on time. The contract also addresses warranties, return policies, and inspection procedures to verify the goods meet agreed standards.
When to use this agreement
Use a sales and purchase agreement whenever you’re buying or selling physical products in a business context. This includes one-time purchases of equipment, bulk inventory orders, or recurring supply relationships. You need this contract whether you’re the manufacturer selling directly to distributors, a retailer purchasing stock, or a business acquiring assets from another company.
A written sales agreement prevents disputes by documenting exactly what you’re buying or selling and under what conditions.
Key clauses and risks
Pay attention to title transfer provisions that specify when ownership passes from seller to buyer. Delivery terms using Incoterms define risk allocation during shipping. Without clear payment terms, you risk late payments or disputes about amounts owed. Warranty clauses protect buyers from defective goods, while limitation of liability provisions cap your exposure if something goes wrong.
3. Service agreements
Service agreements govern relationships where you hire someone to perform specific work or tasks rather than buying physical goods. These contracts differ from sales agreements because you’re purchasing labor, expertise, or ongoing services instead of tangible products. Among the types of commercial agreements businesses use, service contracts rank as one of the most versatile, covering everything from IT support and consulting to maintenance and professional services.
What this agreement covers
This agreement defines the scope of work you expect the service provider to deliver, including detailed descriptions of tasks, quality standards, and performance benchmarks. You’ll find terms about project timelines, deliverables, and milestones that trigger payments. The contract addresses how both parties communicate, who provides necessary materials or tools, and what happens if the service provider needs to subcontract work to others.
When to use this agreement
Use a service agreement whenever you hire a contractor, consultant, or agency to perform ongoing or project-based work. This includes IT services, marketing campaigns, facility maintenance, accounting services, or professional advisory work. You need this contract whether engaging a solo consultant for a three-month project or signing a multi-year deal with a managed service provider.
Service agreements protect you by defining exactly what work you’ll receive and holding providers accountable for results.
Key clauses and risks
Pay attention to liability provisions that limit what you can recover if the service provider makes costly mistakes. Termination clauses specify how either party can end the relationship and what notice periods apply. Without clear intellectual property terms, you risk disputes about who owns work products the provider creates. Payment schedules tied to specific deliverables prevent you from paying for incomplete or substandard work.
4. Non disclosure agreements
Non-disclosure agreements (NDAs) protect your confidential business information when you share it with employees, contractors, partners, or potential investors. These contracts prevent recipients from disclosing or using your proprietary data for unauthorized purposes. NDAs rank among the most frequently used types of commercial agreements because businesses constantly share sensitive information that needs legal protection before discussions even begin.
What this agreement covers
This agreement defines what information counts as confidential, from trade secrets and customer lists to financial data and business strategies. The contract specifies how long the confidentiality obligation lasts, typically between two and five years. You’ll find terms about permitted uses of the information, who can receive it, and what happens if someone breaches the agreement.
When to use this agreement
Sign an NDA before sharing sensitive business information with anyone outside your company. This includes discussions with potential investors, merger negotiations, vendor selection processes, or when hiring consultants who need access to proprietary systems. You also need NDAs when employees leave and you want to prevent them from sharing trade secrets with competitors.
NDAs give you legal recourse if someone misuses your confidential information, but only if you have them sign before disclosure.
Key clauses and risks
Pay attention to reciprocal versus unilateral provisions that determine whether one or both parties must protect information. Without clear definitions of what qualifies as confidential, you risk disputes about what the NDA actually covers. Enforcement provisions specify remedies like injunctions or damages if someone violates the agreement.
5. Supply and distribution agreements
Supply and distribution agreements establish long-term relationships between manufacturers or suppliers and the distributors who sell their products. These contracts differ from one-time sales agreements because they create ongoing commercial partnerships where one party regularly supplies goods and the other distributes them to end customers. These types of commercial agreements work best when you need consistent product flow through established distribution channels rather than handling each transaction separately.
What this agreement covers
This agreement specifies the products or product categories the supplier will provide, including minimum and maximum order quantities. The contract defines exclusive or non-exclusive territory rights, determining whether the distributor can sell in specific geographic areas without competition from other distributors. You’ll find pricing structures, volume discounts, and payment terms that govern the financial relationship. The agreement also covers inventory requirements, marketing support obligations, and quality control standards both parties must maintain.
When to use this agreement
Use a supply and distribution agreement when you manufacture products and want to expand market reach without building your own sales network. Distributors need this contract to secure reliable product access and protect their territory investments. These agreements make sense for ongoing relationships spanning months or years, particularly when the distributor invests in marketing, warehousing, or customer relationships specific to your products.
Distribution agreements protect both parties by clearly defining territory rights and preventing conflicts about who can sell where.
Key clauses and risks
Pay attention to termination provisions that specify notice periods and what happens to existing inventory when the relationship ends. Exclusivity terms determine whether you can appoint multiple distributors or sell directly in the same territory. Without clear minimum purchase requirements, you risk distributors who don’t actively promote your products. Performance standards and territory restrictions prevent distributors from undercutting each other or selling outside assigned regions.
6. Partnership joint venture and shareholder agreements
Partnership, joint venture, and shareholder agreements govern relationships where two or more parties pool resources to achieve shared business goals. These contracts create the legal framework for collaborative business ventures, from forming new companies together to sharing profits in existing ones. These types of commercial agreements rank among the most complex because they balance multiple stakeholders’ interests while defining how you’ll make decisions, split profits, and handle disputes that inevitably arise when partners disagree.
What these agreements cover
Partnership agreements define how partners share ownership, profits, and losses in an unincorporated business. Joint venture contracts establish temporary collaborations for specific projects or markets, detailing each party’s contributions and profit splits. Shareholder agreements govern relationships between company owners, specifying voting rights, dividend policies, and transfer restrictions on shares. All three agreement types address management responsibilities, decision-making authority, and capital contribution requirements each party must meet.
When to use these agreements
You need a partnership agreement when starting a business venture with others who share ownership and liability. Joint venture agreements work best for project-based collaborations where companies combine expertise or resources without forming a permanent entity. Shareholder agreements protect your interests when multiple investors own company stock, particularly in private companies where you can’t easily sell shares like public markets allow.
Partnership and shareholder agreements prevent costly disputes by documenting how you’ll handle conflicts before emotions and money complicate relationships.
Key clauses and risks
Pay attention to buy-sell provisions that specify how partners can exit the business and what their shares are worth. Deadlock resolution mechanisms prevent paralysis when partners fundamentally disagree on major decisions. Without clear profit distribution formulas, you risk disputes about how much each party receives. Non-compete clauses prevent departing partners from immediately starting rival businesses using shared knowledge and relationships.
7. Franchise agreements
Franchise agreements allow you to expand your business model by licensing your brand, systems, and operations to independent operators who run locations under your name. These contracts create a structured relationship where the franchisor provides an established business framework and the franchisee pays fees for the right to operate under that proven system. Among the types of commercial agreements businesses use for growth, franchise deals offer rapid expansion without the capital requirements of opening company-owned locations.
What this agreement covers
This agreement defines the franchise territory where you can operate, whether exclusive or shared with other franchisees. The contract specifies initial franchise fees, ongoing royalty payments typically calculated as a percentage of revenue, and marketing fund contributions. You’ll find detailed operating standards covering everything from store design and employee uniforms to product quality and customer service protocols. The agreement also addresses training requirements, supplier relationships, and intellectual property usage rights for trademarks and proprietary systems.
When to use this agreement
Use a franchise agreement when you’ve proven your business model and want to scale through independent operators rather than company-owned expansion. Franchisors need this contract to maintain brand consistency while collecting fees from multiple locations. Franchisees sign these agreements to operate an established business with built-in customer recognition and operational support instead of starting from scratch.
Franchise agreements balance control and independence by letting operators run their own business while following proven systems.
Key clauses and risks
Pay attention to renewal terms that determine whether you can continue operating after the initial period expires. Territory protection prevents the franchisor from opening competing locations nearby. Without clear performance standards, franchisors risk brand damage from poorly run locations while franchisees face termination for minor violations.
8. Commercial lease agreements
Commercial lease agreements govern the rental of business property, from office space and retail locations to warehouses and industrial facilities. These contracts establish the legal relationship between landlords who own commercial real estate and tenants who need space to operate their businesses. Commercial leases differ fundamentally from residential rentals because they involve longer terms, higher stakes, and more negotiable provisions that reflect business needs rather than consumer protections.
What this agreement covers
This agreement specifies the leased premises, including square footage, permitted uses, and any common areas you can access. The contract defines rent amount and payment schedules, typically structured as base rent plus additional costs for utilities, maintenance, and property taxes. You’ll find terms about lease duration, renewal options, and tenant improvement allowances for customizing the space. The agreement also addresses insurance requirements, maintenance responsibilities, and restrictions on subleasing or assigning the lease to others.
When to use this agreement
Sign a commercial lease whenever you need physical space to run your business but don’t want to purchase property. This includes opening retail stores, establishing office headquarters, or securing warehouse space for inventory storage. You need this contract whether leasing a small storefront or an entire building for manufacturing operations.
Commercial leases lock you into long-term obligations, so negotiate terms carefully before signing.
Key clauses and risks
Pay attention to escalation provisions that increase rent over time, often tied to inflation indexes or fixed percentages. Personal guarantee clauses make you personally liable if your business fails to pay rent. Without clear early termination options, you risk paying years of rent even if your business relocates or closes.
Next steps
You now understand the eight most common types of commercial agreements your business needs to operate safely and profitably. Each contract serves a specific purpose, from protecting confidential information with NDAs to establishing long-term supply relationships. The right agreement prevents disputes, clarifies obligations, and gives you legal recourse when problems arise.
Getting these contracts right matters more than getting them done quickly. Poorly drafted agreements expose you to risks the contract was supposed to prevent. You might miss critical clauses about liability, termination rights, or intellectual property that protect your interests. Working with experienced legal counsel ensures your agreements match Dutch law requirements and actually protect you in court if disputes escalate.
Law & More helps businesses draft, review, and negotiate commercial contracts under Dutch law. Our team understands the practical challenges you face and creates agreements that work in real business situations.