Interim Management Agreement Template for Germany

The Interim Management Agreement is a specialized contract used when a company requires temporary senior-level management expertise for specific projects, transitions, or crisis periods. Under German law, this agreement carefully structures the relationship as a service contract (Dienstvertrag) rather than an employment agreement, addressing the unique aspects of interim management engagements. The document is essential for companies seeking temporary leadership solutions while maintaining legal compliance with German commercial and corporate laws. It typically includes comprehensive provisions for scope of work, authority levels, compensation, confidentiality, and termination rights, while addressing specific German regulatory requirements such as data protection and works council considerations. This agreement type is particularly crucial for ensuring clear delineation of responsibilities and protecting both parties' interests in temporary management arrangements.

1. Parties: Identification of the contracting company and the interim manager/management company, including full legal names, registration details, and addresses

2. Background: Context of the engagement, including the company's need for interim management services and the interim manager's qualifications

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', 'Confidential Information', and specific company terminology

4. Appointment and Scope: Terms of appointment, confirmation of independent contractor status, and detailed scope of services

5. Term and Time Commitment: Duration of the agreement and expected time commitment from the interim manager

6. Duties and Responsibilities: Detailed description of the interim manager's duties, authority levels, and reporting requirements

7. Fees and Expenses: Payment terms, fee structure, reimbursable expenses, and invoicing procedures

8. Independent Contractor Status: Clear stipulation of the interim manager's status as an independent contractor, not an employee

9. Confidentiality: Obligations regarding confidential information, both during and after the engagement

10. Data Protection: Compliance with GDPR and German data protection laws, data handling requirements

11. Intellectual Property: Ownership and rights to work products created during the engagement

12. Liability and Indemnification: Scope of liability, limitations, and indemnification provisions

13. Termination: Conditions for termination, notice periods, and consequences of termination

14. Post-Termination Obligations: Continuing obligations after the end of the agreement

15. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement