Non-Exclusive Agreement
Definition
A non-exclusive agreement lets both parties work with other partners, investors, or advisors on the same subject matter at the same time, the opposite of an exclusivity or no-shop clause.
How it comes up in fundraising
Founders should push for non-exclusive terms with advisors, brokers, and early conversations wherever possible, reserving exclusivity for the no-shop period tied to a signed term sheet.
Frequently asked questions
When should a founder avoid signing an exclusive agreement?
Before there is a firm offer on the table. Broad exclusivity early in a process limits options with no guaranteed benefit in return.
Are fundraising engagements with bankers usually exclusive?
Often yes, for a defined period and scope, so founders should negotiate the term length and carve-outs carefully before signing.
Put this term to work
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