No fiduciary duty clause: Copy, customize, and use instantly

Introduction

A no fiduciary duty clause clarifies that the parties to an agreement do not owe each other fiduciary duties, such as those of loyalty or care, beyond the specific obligations outlined in the contract. This clause is crucial in settings like partnerships, joint ventures, or financial transactions to set clear boundaries and avoid unintended liability.

Below are templates for no fiduciary duty clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.

General no fiduciary duty clause

This variation applies broadly to disclaim fiduciary duties between parties.

The parties acknowledge and agree that this Agreement does not create a fiduciary relationship between them. Each party shall act in its own interest and is not obligated to act in the interest of the other party beyond the specific obligations set forth herein.

No fiduciary duty in financial transactions clause

This variation applies to financial relationships, such as lending or investment agreements.

The parties expressly agree that no fiduciary relationship exists between them as a result of this Agreement. The financial institution is not acting as an advisor or fiduciary to the client, and the client should consult its own advisors regarding financial, legal, or tax matters.

No fiduciary duty in joint ventures clause

This variation applies to joint ventures or similar collaborations.

The parties agree that, notwithstanding their collaboration under this Agreement, neither party owes the other any fiduciary duties. Each party retains the right to act in its own interest, even if such actions may be adverse to the other party.

No fiduciary duty in partnership agreements clause

This variation applies when partners wish to limit fiduciary obligations.

The partners agree that their relationship under this Agreement is not fiduciary in nature. Each partner has the right to pursue its own interests, and no partner shall have a duty of loyalty, care, or good faith toward the other partners beyond the terms of this Agreement.

No fiduciary duty in agency relationships clause

This variation applies to principal-agent relationships where fiduciary duties are disclaimed.

The parties acknowledge that while this Agreement creates an agency relationship, it does not establish a fiduciary duty. The agent’s obligations are limited to those explicitly stated in this Agreement, and the principal retains full discretion over its decisions.

No fiduciary duty in mergers or acquisitions clause

This variation applies to transactions involving mergers or acquisitions.

The parties acknowledge that this Agreement does not create a fiduciary relationship between the buyer and the seller. Each party is acting in its own interest and is not required to act in the interest of the other party beyond the express terms of this Agreement.

No fiduciary duty in corporate governance clause

This variation applies to relationships between shareholders or board members.

The parties agree that this Agreement does not impose fiduciary obligations on any shareholder, director, or officer of the Company. Each party retains the right to act in its own interest, consistent with applicable laws and regulations.

No fiduciary duty in service agreements clause

This variation applies to service provider-client relationships.

The parties agree that the service provider is not acting as a fiduciary to the client under this Agreement. The service provider’s responsibilities are limited to the scope of services explicitly stated herein, and no additional duties are implied.

No fiduciary duty in real estate transactions clause

This variation applies to real estate purchase or lease agreements.

The parties acknowledge that this Agreement does not create a fiduciary relationship between the buyer and the seller (or lessor and lessee). Each party is responsible for protecting its own interests and is not relying on the other party for fiduciary guidance or advice.

No fiduciary duty in consulting agreements clause

This variation applies to relationships between consultants and their clients.

The parties agree that the consultant is not acting as a fiduciary to the client under this Agreement. The consultant’s role is advisory in nature, and all decisions remain the sole responsibility of the client.

No fiduciary duty in investment management clause

This variation applies to relationships between investment managers and clients.

The parties agree that the investment manager is not acting as a fiduciary to the client under this Agreement. The investment manager’s responsibilities are limited to the investment services explicitly outlined herein, and the client retains full discretion over all investment decisions.

No fiduciary duty in franchise agreements clause

This variation applies to franchisee-franchisor relationships.

The parties acknowledge that this Agreement does not create a fiduciary relationship between the franchisor and the franchisee. Each party is acting in its own interest and bears sole responsibility for its business decisions and operations.

No fiduciary duty in escrow agreements clause

This variation applies to escrow agents and parties to an escrow arrangement.

The parties agree that the escrow agent’s role is purely administrative and does not create any fiduciary duties. The escrow agent’s obligations are strictly limited to those specified in this Agreement.

No fiduciary duty in technology licensing clause

This variation applies to licensors and licensees in technology agreements.

The parties acknowledge that this Agreement does not create a fiduciary relationship between the licensor and the licensee. Each party is responsible for protecting its own interests and complying with the terms of this Agreement.

No fiduciary duty in supplier agreements clause

This variation applies to supplier-customer relationships.

The parties agree that this Agreement does not establish a fiduciary relationship between the supplier and the customer. Each party is free to negotiate and act in its own best interest without obligation to the other beyond the terms outlined herein.

No fiduciary duty in underwriting agreements clause

This variation applies to underwriters and issuers in financial transactions.

The parties agree that the underwriter is not acting as a fiduciary to the issuer or any other party under this Agreement. The underwriter’s role is limited to facilitating the transaction as outlined herein.

No fiduciary duty in affiliate marketing agreements clause

This variation applies to relationships between affiliates and businesses.

The parties acknowledge that this Agreement does not create a fiduciary relationship between the affiliate and the business. Each party acts independently and is solely responsible for its respective obligations under this Agreement.

No fiduciary duty in employment agreements clause

This variation applies to employer-employee relationships.

The parties agree that this Agreement does not create a fiduciary relationship between the employer and the employee. The employer’s and employee’s obligations are strictly governed by the terms outlined in this Agreement.

No fiduciary duty in loan agreements clause

This variation applies to borrower-lender relationships.

The parties agree that the lender is not acting as a fiduciary to the borrower under this Agreement. The borrower is solely responsible for understanding the terms of the loan and seeking independent advice where necessary.

No fiduciary duty in marketing partnerships clause

This variation applies to co-marketing or joint promotion arrangements.

The parties acknowledge that this Agreement does not create a fiduciary relationship between the marketing partners. Each party is free to act independently and in its own interest, subject to the specific terms of this Agreement.

No fiduciary duty in distribution agreements clause

This variation applies to relationships between distributors and suppliers.

The parties acknowledge that this Agreement does not create a fiduciary relationship between the distributor and the supplier. Each party is responsible for its own business interests and obligations as outlined in this Agreement.

No fiduciary duty in confidentiality agreements clause

This variation applies to parties sharing confidential information.

The parties agree that the exchange of confidential information under this Agreement does not create a fiduciary relationship. Each party retains full discretion over its own business decisions and responsibilities.

No fiduciary duty in outsourcing agreements clause

This variation applies to outsourcing service providers and clients.

The parties acknowledge that the outsourcing service provider is not acting as a fiduciary to the client. The service provider’s obligations are limited to those expressly stated in this Agreement, and no additional duties are implied.

No fiduciary duty in consulting joint ventures clause

This variation applies to consulting firms collaborating on a joint project.

The parties agree that their collaboration under this Agreement does not establish a fiduciary relationship. Each consulting firm retains independence and is solely responsible for its obligations as outlined herein.

No fiduciary duty in asset management agreements clause

This variation applies to asset managers and clients.

The parties agree that the asset manager is not acting as a fiduciary to the client under this Agreement. The client retains full responsibility for all decisions related to the managed assets, and the manager’s role is limited to advisory or administrative functions as stated herein.

No fiduciary duty in equity financing agreements clause

This variation applies to relationships between investors and issuers.

The parties acknowledge that this Agreement does not create a fiduciary relationship between the investor and the issuer. Each party acts independently to protect its own interests and bears sole responsibility for its decisions.

No fiduciary duty in shared workspace agreements clause

This variation applies to agreements for shared office spaces.

The parties agree that this Agreement does not establish a fiduciary relationship between the workspace provider and the tenant. Each party is responsible for its own actions and obligations under this Agreement.

No fiduciary duty in crowdfunding agreements clause

This variation applies to platforms and campaign creators.

The parties acknowledge that the crowdfunding platform does not act as a fiduciary to campaign creators or contributors. The platform’s role is limited to facilitating transactions as outlined in this Agreement.

No fiduciary duty in licensing joint ventures clause

This variation applies to joint ventures involving intellectual property licensing.

The parties agree that their licensing arrangement under this Agreement does not create a fiduciary relationship. Each party retains the right to act in its own interest, subject to the specific terms of this Agreement.

No fiduciary duty in cooperative agreements clause

This variation applies to cooperative arrangements between organizations.

The parties acknowledge that their cooperation under this Agreement does not establish a fiduciary relationship. Each organization retains autonomy and acts independently in fulfilling its obligations as outlined herein.

No fiduciary duty in SaaS agreements clause

This variation applies to relationships between SaaS providers and users.

The parties agree that this Agreement does not create a fiduciary relationship between the SaaS provider and the user. The provider’s obligations are strictly limited to delivering the services as outlined in this Agreement.

No fiduciary duty in venture capital agreements clause

This variation applies to relationships between venture capital firms and portfolio companies.

The parties acknowledge that this Agreement does not establish a fiduciary relationship between the venture capital firm and the portfolio company. Each party is free to act in its own interest and bears sole responsibility for its decisions and obligations.

No fiduciary duty in co-development agreements clause

This variation applies to co-development projects between companies.

The parties agree that this Agreement does not create a fiduciary relationship between the co-development partners. Each party retains the right to act in its own interest while adhering to the terms of this Agreement.

No fiduciary duty in subcontractor agreements clause

This variation applies to relationships between contractors and subcontractors.

The parties agree that this Agreement does not establish a fiduciary relationship between the contractor and the subcontractor. Each party operates independently and is solely responsible for fulfilling its obligations under this Agreement.

No fiduciary duty in co-branding agreements clause

This variation applies to co-branding partnerships.

The parties acknowledge that their co-branding arrangement under this Agreement does not create a fiduciary relationship. Each party retains control over its respective brand and business interests as defined in this Agreement.

No fiduciary duty in shared revenue agreements clause

This variation applies to revenue-sharing partnerships.

The parties agree that this Agreement does not establish a fiduciary relationship between the revenue-sharing partners. Each party is responsible for its own financial decisions and obligations under the terms of this Agreement.

No fiduciary duty in payment processing agreements clause

This variation applies to relationships between payment processors and merchants.

The parties acknowledge that the payment processor is not acting as a fiduciary to the merchant under this Agreement. The processor’s role is limited to facilitating transactions as specified in this Agreement.

No fiduciary duty in API integration agreements clause

This variation applies to API integration partnerships.

The parties agree that this Agreement does not create a fiduciary relationship between the API provider and the integrator. Each party is free to pursue its own interests while adhering to the obligations specified herein.

No fiduciary duty in reseller agreements clause

This variation applies to relationships between resellers and product owners.

The parties acknowledge that this Agreement does not create a fiduciary relationship between the product owner and the reseller. Each party acts independently to fulfill its obligations as outlined in this Agreement.

No fiduciary duty in training service agreements clause

This variation applies to training service providers and clients.

The parties agree that this Agreement does not establish a fiduciary relationship between the training service provider and the client. The provider’s obligations are limited to delivering training services as specified in this Agreement.

No fiduciary duty in intellectual property agreements clause

This variation applies to IP licensing or transfer agreements.

The parties acknowledge that this Agreement does not create a fiduciary relationship regarding the intellectual property. Each party retains full control over its respective IP rights and responsibilities as outlined in this Agreement.

No fiduciary duty in marketing agreements clause

This variation applies to marketing service providers and clients.

The parties agree that this Agreement does not establish a fiduciary relationship between the marketing service provider and the client. The provider’s responsibilities are limited to those explicitly stated in this Agreement.

No fiduciary duty in logistics agreements clause

This variation applies to relationships between logistics providers and customers.

The parties acknowledge that this Agreement does not create a fiduciary relationship between the logistics provider and the customer. Each party operates independently under the obligations outlined in this Agreement.

No fiduciary duty in brokerage agreements clause

This variation applies to relationships between brokers and clients.

The parties agree that the broker is not acting as a fiduciary to the client under this Agreement. The broker’s role is limited to facilitating the transactions specified herein, and the client is solely responsible for its decisions.

No fiduciary duty in real estate agency agreements clause

This variation applies to relationships between real estate agents and clients.

The parties acknowledge that this Agreement does not create a fiduciary relationship between the real estate agent and the client. The agent’s obligations are limited to those explicitly stated in this Agreement.

No fiduciary duty in affiliate program agreements clause

This variation applies to affiliate relationships.

The parties agree that participation in the affiliate program under this Agreement does not establish a fiduciary relationship. Each affiliate operates independently and is responsible for its own actions and obligations.

No fiduciary duty in partnership dissolution agreements clause

This variation applies to agreements dissolving partnerships.

The parties acknowledge that this Agreement does not impose fiduciary duties between the partners during or after the dissolution process. Each party retains sole responsibility for fulfilling the terms of this Agreement.

No fiduciary duty in crowdfunding platform agreements clause

This variation applies to relationships between platforms and users.

The parties agree that the crowdfunding platform does not act as a fiduciary to campaign creators or contributors under this Agreement. The platform’s role is limited to providing the tools and infrastructure outlined herein.

No fiduciary duty in debt restructuring agreements clause

This variation applies to creditors and debtors in restructuring agreements.

The parties acknowledge that this Agreement does not create a fiduciary relationship between creditors and the debtor. Each party retains full discretion over its decisions and obligations under the restructuring terms.

No fiduciary duty in joint marketing agreements clause

This variation applies to collaborative marketing efforts.

The parties agree that this Agreement does not establish a fiduciary relationship between the marketing collaborators. Each party is free to act independently in pursuing its interests, subject to the terms of this Agreement.

No fiduciary duty in crowdfunding contributor agreements clause

This variation applies to contributors in crowdfunding projects.

The parties acknowledge that contributions made under this Agreement do not establish a fiduciary relationship between contributors or between contributors and the campaign creator. Each party acts independently and bears sole responsibility for its decisions.

No fiduciary duty in cryptocurrency platform agreements clause

This variation applies to cryptocurrency exchange or wallet services.

The parties agree that this Agreement does not create a fiduciary relationship between the cryptocurrency platform and its users. The platform’s obligations are strictly limited to providing the services described herein.

No fiduciary duty in partnership negotiation agreements clause

This variation applies to pre-partnership negotiation terms.

The parties acknowledge that during the negotiation phase, no fiduciary duties exist between the parties. Each party is free to pursue its own interests until a binding partnership agreement is executed.

No fiduciary duty in independent contractor agreements clause

This variation applies to relationships between businesses and independent contractors.

The parties agree that this Agreement does not create a fiduciary relationship between the business and the contractor. The contractor’s responsibilities are limited to those explicitly outlined in this Agreement.

No fiduciary duty in software development agreements clause

This variation applies to developers and clients.

The parties acknowledge that this Agreement does not establish a fiduciary relationship between the software developer and the client. The developer’s role is confined to the delivery of services and deliverables as specified herein.

No fiduciary duty in temporary staffing agreements clause

This variation applies to relationships with staffing agencies.

The parties agree that the temporary staffing agency does not act as a fiduciary to the client or the assigned personnel under this Agreement. The agency’s role is administrative and governed solely by the terms outlined herein.

No fiduciary duty in e-commerce platform agreements clause

This variation applies to sellers and platform providers.

The parties acknowledge that this Agreement does not create a fiduciary relationship between the e-commerce platform and the sellers. Each party operates independently and is solely responsible for fulfilling its respective obligations under this Agreement.

No fiduciary duty in subscription agreements clause

This variation applies to subscribers and service providers.

The parties agree that this Agreement does not establish a fiduciary relationship between the service provider and the subscriber. The provider’s obligations are confined to delivering the subscribed services as outlined in this Agreement.

No fiduciary duty in strategic alliance agreements clause

This variation applies to collaborations between businesses.

The parties acknowledge that their strategic alliance under this Agreement does not create a fiduciary relationship. Each party retains its autonomy and acts in its own best interests within the scope of this Agreement.

No fiduciary duty in procurement agreements clause

This variation applies to buyers and suppliers.

The parties agree that this Agreement does not create a fiduciary relationship between the buyer and the supplier. Each party is responsible for its actions and obligations as described in this Agreement.

No fiduciary duty in co-investment agreements clause

This variation applies to co-investors in shared investment opportunities.

The parties acknowledge that this Agreement does not establish a fiduciary relationship between co-investors. Each party retains autonomy over its investment decisions and responsibilities as outlined in this Agreement.

No fiduciary duty in non-disclosure agreements (NDAs) clause

This variation applies to parties exchanging confidential information under NDAs.

The parties agree that the execution of this NDA does not create a fiduciary relationship. Each party is responsible for safeguarding its own interests while complying with the terms of confidentiality outlined herein.

No fiduciary duty in blockchain consortium agreements clause

This variation applies to consortiums developing blockchain solutions.

The parties acknowledge that this Agreement does not create a fiduciary relationship between consortium members. Each member operates independently and is solely responsible for its contributions and obligations under this Agreement.

No fiduciary duty in licensing distribution agreements clause

This variation applies to licensors and distributors.

The parties agree that this Agreement does not create a fiduciary relationship between the licensor and the distributor. Each party acts independently to fulfill its obligations as specified in this Agreement.

No fiduciary duty in payment gateway agreements clause

This variation applies to payment gateways and merchants.

The parties acknowledge that this Agreement does not establish a fiduciary relationship between the payment gateway provider and the merchant. The provider’s role is limited to facilitating payment transactions as outlined herein.

No fiduciary duty in energy supply agreements clause

This variation applies to energy suppliers and consumers.

The parties agree that this Agreement does not create a fiduciary relationship between the energy supplier and the consumer. Each party operates independently and is solely responsible for its respective obligations under this Agreement.

No fiduciary duty in intellectual property co-ownership agreements clause

This variation applies to co-owners of intellectual property.

The parties acknowledge that this Agreement does not create a fiduciary relationship between co-owners of the intellectual property. Each party retains full control over its respective rights and obligations under this Agreement.

No fiduciary duty in private equity agreements clause

This variation applies to relationships between private equity firms and portfolio companies.

The parties agree that this Agreement does not establish a fiduciary relationship between the private equity firm and the portfolio company. Each party is free to act in its own interest while adhering to the terms of this Agreement.

No fiduciary duty in referral partnership agreements clause

This variation applies to relationships between referral partners.

The parties acknowledge that their referral partnership under this Agreement does not create a fiduciary relationship. Each party operates independently and retains full discretion over its decisions and actions.

No fiduciary duty in leasing agreements clause

This variation applies to lessors and lessees in leasing arrangements.

The parties agree that this Agreement does not create a fiduciary relationship between the lessor and the lessee. Each party is solely responsible for fulfilling its obligations as outlined in this Agreement.

This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.