Standard Agency Agreement Template for Australia

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Key Requirements PROMPT example:

Standard Agency Agreement

"I need a Standard Agency Agreement for appointing an exclusive distributor in New Zealand to sell our Australian-manufactured medical devices, with the agreement to commence on 1 March 2025 and include strict compliance requirements for medical device regulations."

Document background
This Standard Agency Agreement is designed for use in the Australian business environment where one party (the principal) wishes to appoint another party (the agent) to act on their behalf in business dealings. The agreement is suitable for various commercial contexts and includes comprehensive provisions addressing appointment, authority, duties, remuneration, and termination, all compliant with Australian federal and state laws. It incorporates necessary safeguards for both parties while maintaining flexibility to accommodate different business needs. The document is particularly valuable for businesses expanding their reach through agents, distributors, or representatives, and includes provisions reflecting current Australian commercial practices and regulatory requirements.
Suggested Sections

1. Parties: Identifies and provides full details of the principal and agent

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the agency relationship and defines its scope

5. Term: Specifies the duration of the agreement

6. Agent's Authority: Details the extent and limitations of the agent's authority to act on behalf of the principal

7. Agent's Duties and Obligations: Lists the specific responsibilities and obligations of the agent

8. Principal's Duties and Obligations: Lists the specific responsibilities and obligations of the principal

9. Fees and Commission: Details the payment structure, commission rates, and payment terms

10. Compliance and Reporting: Outlines compliance requirements and reporting obligations

11. Confidentiality: Addresses the handling of confidential information

12. Intellectual Property: Covers ownership and usage of intellectual property

13. Liability and Indemnity: Addresses risk allocation between the parties

14. Termination: Sets out circumstances and procedures for ending the agreement

15. Dispute Resolution: Establishes procedures for resolving disputes

16. General Provisions: Contains standard boilerplate clauses including governing law, notices, and amendment procedures

Optional Sections

1. Non-Competition: Include when the agent should be restricted from competing activities

2. Sub-Agents: Include when the agent may need to appoint sub-agents

3. Insurance: Include when specific insurance requirements need to be mandated

4. Performance Targets: Include when specific performance metrics need to be met

5. Marketing and Promotion: Include when specific marketing obligations exist

6. Territory: Include when the agency is limited to specific geographic areas

7. Data Protection: Include when significant personal data processing is involved

8. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

9. Anti-Bribery and Corruption: Include for international operations or high-risk industries

Suggested Schedules

1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates and calculation methods

2. Schedule 2 - Territory: Detailed description of geographic territories if applicable

3. Schedule 3 - Products or Services: Comprehensive list of products or services covered by the agency

4. Schedule 4 - Reporting Requirements: Templates and details of required reports

5. Schedule 5 - Service Level Agreement: Specific performance metrics and standards

6. Schedule 6 - Key Personnel: List of key personnel involved in managing the agency relationship

7. Appendix A - Power of Attorney: If required, formal power of attorney documentation

8. Appendix B - Company Policies: Relevant company policies that the agent must comply with

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries

Retail

Real Estate

Insurance

Manufacturing

Distribution

Import/Export

Professional Services

Technology

Financial Services

Healthcare

Telecommunications

Advertising and Marketing

Entertainment

Automotive

Construction

Relevant Teams

Legal

Commercial

Sales

Business Development

Operations

Compliance

Risk Management

Finance

Procurement

Contract Administration

Relevant Roles

Commercial Director

Business Development Manager

Sales Director

Legal Counsel

Compliance Officer

Contract Manager

Operations Manager

Regional Manager

Agency Manager

Distribution Manager

Sales Representative

Account Manager

Managing Director

Chief Executive Officer

Chief Operating Officer

Procurement Manager

Relationship Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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