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Exclusive Management Agreement
"I need an Exclusive Management Agreement for my real estate portfolio in Sydney, where I want to appoint ABC Property Management as the sole manager for a 3-year term starting March 1, 2025, with specific provisions for performance reporting and a commission structure based on rental income."
1. Parties: Identifies and defines the parties to the agreement - typically the Manager and the Client
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Appointment and Scope: Establishes the exclusive appointment of the manager and defines the scope of management services
5. Term and Renewal: Specifies the initial term of the agreement and any renewal provisions
6. Manager's Rights and Obligations: Details the specific rights granted to the manager and their responsibilities
7. Client's Obligations: Outlines the client's responsibilities and commitments to enable the manager to perform their duties
8. Exclusivity Provisions: Defines the exact nature and scope of the exclusive relationship
9. Fees and Payment Terms: Specifies management fees, payment schedule, and any performance-based compensation
10. Intellectual Property: Addresses ownership and usage rights of intellectual property
11. Confidentiality: Establishes confidentiality obligations for both parties
12. Termination: Sets out grounds for termination and the process for ending the agreement
13. Post-Termination Obligations: Specifies obligations that survive termination and transition arrangements
14. General Provisions: Contains standard boilerplate clauses including notices, governing law, and dispute resolution
1. Non-Compete Provisions: Used when the client wants to restrict the manager's ability to work with competitors during and after the agreement
2. Insurance Requirements: Detailed insurance obligations when specific coverage types and amounts need to be maintained
3. Performance Metrics: Include when the agreement includes performance-based compensation or specific KPIs
4. Force Majeure: Added when parties want specific provisions for handling unforeseen circumstances
5. Assignment and Subcontracting: Include when either party may need to transfer rights or engage subcontractors
6. Data Protection: Required when personal data processing is involved in the management services
7. Marketing and Promotion: Include when the agreement covers promotional activities and brand management
8. Audit Rights: Added when the client requires rights to audit the manager's activities and records
1. Schedule 1 - Services Description: Detailed description of all management services to be provided
2. Schedule 2 - Fee Structure: Detailed breakdown of all fees, commissions, and payment calculations
3. Schedule 3 - Key Personnel: List of key personnel assigned to provide the management services
4. Schedule 4 - Service Levels: Specific performance standards and service level requirements
5. Schedule 5 - Territories: Definition of geographical areas covered by the exclusive arrangement
6. Schedule 6 - Reporting Requirements: Details of required reports, their frequency, and content
7. Appendix A - Power of Attorney: If required, specific powers granted to the manager
8. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable
Authors
Applicable Laws
Business Day
Client
Commencement Date
Confidential Information
Effective Date
Exclusive Period
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Key Personnel
Management Services
Manager
Material Breach
Net Revenue
Performance Metrics
Permitted Purpose
Records
Renewal Term
Representatives
Services
Service Levels
Term
Territory
Third Party
Trademarks
Working Hours
Year
Commission
Expenses
Good Industry Practice
Management Fee
Performance Fee
Quarterly Report
Related Body Corporate
Relevant Experience
Required Insurance
Service Standards
Specified Personnel
Subcontractor
Termination Date
Transition Period
Variation
Exclusivity
Term
Scope of Services
Manager's Rights
Manager's Obligations
Client's Obligations
Fees and Payment
Performance Standards
Reporting Requirements
Confidentiality
Intellectual Property
Non-Competition
Non-Solicitation
Representations and Warranties
Insurance
Indemnification
Limitation of Liability
Force Majeure
Termination
Consequences of Termination
Assignment
Subcontracting
Notices
Dispute Resolution
Governing Law
Amendment
Entire Agreement
Severability
Relationship of Parties
Data Protection
Record Keeping
Audit Rights
Personnel
Compliance with Laws
Marketing and Promotion
Authority
Third Party Rights
Waiver
Force and Effect
Counterparts
Entertainment and Media
Sports
Real Estate
Hospitality
Asset Management
Talent Management
Property Management
Professional Services
Artist Management
Event Management
Retail Management
Facility Management
Legal
Operations
Commercial
Business Development
Client Relations
Compliance
Risk Management
Finance
Contract Administration
Project Management
Chief Executive Officer
Managing Director
Operations Manager
Legal Counsel
Contract Manager
Business Development Manager
Commercial Director
Talent Manager
Property Manager
Asset Manager
Client Relations Manager
Project Manager
Portfolio Manager
General Manager
Compliance Officer
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