Business Management Agreement Template for England and Wales

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Key Requirements PROMPT example:

Business Management Agreement

"I need a Business Management Agreement for my retail company to appoint an external management firm to handle our UK operations and expansion strategy, with specific KPIs for store performance and a three-year term starting January 2025."

Document background
The Business Management Agreement serves as a comprehensive framework for outsourced management services in England and Wales. It is typically used when a business seeks external expertise for operational oversight, strategic planning, or specific management functions. The document details service scope, performance standards, fee structures, and risk allocation, while ensuring compliance with UK corporate governance requirements and business regulations. This agreement is particularly crucial for businesses looking to benefit from professional management expertise while maintaining clear accountability and performance metrics.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of management services to be provided

5. Term and Termination: Duration of agreement and termination provisions

6. Fees and Payment: Compensation structure and payment terms

7. Obligations of the Manager: Manager's duties and responsibilities

8. Obligations of the Client: Client's duties and responsibilities

9. Confidentiality: Protection of confidential information

10. Liability and Indemnification: Risk allocation between parties

11. Governing Law and Jurisdiction: Specification of applicable law and jurisdiction for dispute resolution

Optional Sections

1. Non-Compete: Restrictions on competitive activities during and after the agreement term

2. Intellectual Property Rights: Ownership and usage rights of intellectual property created or used during service provision

3. Force Majeure: Provisions dealing with unforeseen circumstances preventing performance

4. Data Protection: GDPR compliance and data handling requirements

5. Assignment and Subcontracting: Rights and restrictions regarding transfer of obligations or use of subcontractors

Suggested Schedules

1. Schedule 1 - Services: Detailed breakdown of management services to be provided

2. Schedule 2 - Fee Schedule: Detailed fee structure, payment terms and calculation methods

3. Schedule 3 - Service Level Agreement: Performance metrics, standards and reporting requirements

4. Schedule 4 - Key Personnel: List of key individuals involved in service delivery with roles and responsibilities

5. Schedule 5 - Insurance Requirements: Required insurance coverage details and minimum coverage amounts

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
Relevant Teams
Relevant Roles
Industries

Common Law of Contract: Fundamental principles of contract law in England and Wales, including offer, acceptance, consideration, and intention to create legal relations

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, particularly exclusion and limitation clauses

Consumer Rights Act 2015: Law governing consumer contracts and unfair terms when one party is acting as a consumer

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract

Companies Act 2006: Primary legislation governing company formation, management, and administration in the UK

Partnership Act 1890: Law governing traditional partnerships and their operations

Limited Liability Partnerships Act 2000: Legislation governing the formation and operation of LLPs

Employment Rights Act 1996: Key employment legislation to ensure clear distinction between management services and employment relationships

Agency Workers Regulations 2010: Regulations protecting the rights of agency workers and defining their status

Provision of Services Regulations 2009: Regulations implementing EU Services Directive, governing service provision in the UK

UK General Data Protection Regulation: Post-Brexit data protection legislation governing the processing of personal data

Data Protection Act 2018: UK's implementation of data protection standards and requirements

Copyright, Designs and Patents Act 1988: Primary legislation protecting intellectual property rights in the UK

Trade Marks Act 1994: Legislation governing the protection and use of trademarks

Financial Services and Markets Act 2000: Principal legislation regulating financial services industry and markets in the UK

Money Laundering Regulations 2017: Regulations aimed at preventing the use of the financial system for money laundering

Competition Act 1998: Legislation prohibiting anti-competitive behavior and agreements

Enterprise Act 2002: Law governing market regulation and enterprise in the UK

Arbitration Act 1996: Framework for arbitration as an alternative dispute resolution method

Civil Procedure Rules: Rules governing civil litigation in England and Wales

Bribery Act 2010: Anti-corruption legislation criminalizing bribery and corrupt practices

Proceeds of Crime Act 2002: Legislation dealing with money laundering and proceeds of crime

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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