Dirk Swanepoel
Director
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Commercial Agreements & Risk Allocation
Put the right contracts in place as the business grows, deals and changes
Good agreements do more than record a deal. They allocate risk, define control, support performance and help prevent avoidable disputes later. Barnard helps businesses put clear, workable commercial agreements in place - whether the need sits inside growth, funding, collaboration, operations or a live transaction.
How can we help?
Choose Your Starting Point
We need a key commercial agreement drafted or reviewed
We need better risk allocation in an existing deal
We are entering a new supply, service or strategic arrangement
The agreement needs to support funding, investment or a transaction
We are worried about future disputes
We need a practical legal view before this moves further
What we help you do
Core commercial agreements
- Supply and service agreements
- Distribution, agency and related operational contracts
- Strategic commercial arrangements
- Agreements that support business growth and continuity
Risk allocation and protection
- Liability and indemnity structures
- Payment, performance and termination protections
- Obligations, approvals and operational responsibilities
- Aligning legal risk with commercial reality
Agreement support around growth and transactions
- Contracts linked to investment, funding or M&A activity
- Reviewing legal terms before they affect leverage or value
- Strengthening agreements that no longer fit the business
- Reducing future disputes through clearer drafting and better allocation of risk
What to do first (before the contract starts carrying avoidable risk)
- Get clear on what the agreement needs to achieve commercially - continuity, supply, revenue, protection, flexibility or future leverage.
- Secure the draft agreement, any heads of terms, commercial correspondence and the current operating assumptions.
- Identify where the pressure points are likely to sit - liability, payment, performance, termination, exclusivity, control or change.
- Get a legal view before problematic terms become embedded in the commercial relationship.
How We Work
(so you know what happens next)
- Understand the commercial arrangement, the operating reality and what the agreement needs to protect.
- Review the draft or current terms, the legal risks and the practical gaps.
- Map the route forward - draft, revise, negotiate or align the agreement with the wider transaction or business objective.
- Execute a practical contract strategy that supports performance now and reduces friction later.
Related services
This often connects with...
Commercial Agreements & Risk Allocation
Drafting, reviewing and strengthening commercial contracts and risk frameworks
Corporate Structuring & Governance
Company formation, group structures, shareholder arrangements and governance foundations
Due Diligence & Deal Readiness
Risk reviews, deal preparation and transaction support before terms are locked in
Investment, Funding & Capital Raising
Founder, investor and funding-stage legal support
Joint Ventures & Strategic Partnerships
Collaboration structuring, governance, contributions and exit planning
Mergers, Acquisitions & Disposals
Buying, selling and combining businesses with clear transaction support
Commercial agreements and risk allocation resources
When the contract needs to support the business properly, clarity matters
Confidential. No obligation. Clear next steps.
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