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CONTRACTS & DOCUMENTS
Which contracts does your South African business need?
You don’t need a contract for everything. You do need one for the situations where a misunderstanding would be expensive. This guide maps the common business situations to the documents that address them, so you know what to have in place and when.
Are verbal agreements enough?
Often they’re binding, but proving what was said is hard, and some contracts must be in writing to be valid. A written agreement doesn’t create the relationship. It records it, so both sides are working from the same page when things get difficult.
Match the situation to the document
If you are…
You’ll typically need…
Taking on clients or customers
Written client terms: scope, price, payment, liability, ownership of work
Hiring your first employee
Working with freelancers or contractors
Sharing sensitive information
Starting a business with co-founders
Collecting personal information or selling online
Templates and tailoring
A good template gives you a strong, attorney-drafted starting point at a fraction of the cost of bespoke drafting, which for a single document commonly runs to several thousand rand. For a complex, high-value or unusual transaction, a tailored document from an attorney is worth the extra cost. Use templates for the standard situations and attorneys for the exceptional ones.
Find your documents
Browse our individual documents (R650 – R2,950) or a package that bundles the ones your situation needs.
Guides in this section
- What should a client service agreement include? Coming soon
- Independent contractor agreements: what South African businesses get wrong Coming soon
- When do you need an NDA, and what should it cover? Coming soon
- Contracts every new South African business should have Coming soon
Information, not advice
ELS provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship.