Exclusive Management Agreement Template for England and Wales

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Key Requirements PROMPT example:

Exclusive Management Agreement

"I need an Exclusive Management Agreement for representing a professional athlete in tennis tournaments across Europe, with a 15% commission structure and initial term starting from March 2025, including specific performance targets and tournament appearance requirements."

Document background
The Exclusive Management Agreement is essential when establishing a professional management relationship where one party needs dedicated representation and business management services. This contract type is commonly used in entertainment, sports, and business sectors, providing comprehensive protection for both parties under English and Welsh law. The agreement typically covers key aspects such as scope of services, exclusivity terms, compensation structure, and duration of representation. It's particularly important for ensuring clear boundaries of authority and protecting both parties' interests in long-term management relationships.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement - typically the Manager and the Client

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Details of the exclusive appointment and scope of management services

5. Term and Termination: Duration of the agreement and circumstances for termination

6. Manager's Obligations: Detailed responsibilities and duties of the manager

7. Client's Obligations: Responsibilities and commitments of the client

8. Fees and Payment: Management fees, payment terms, and expenses

9. Exclusivity: Terms of exclusive representation and any territorial restrictions

Optional Sections

1. Intellectual Property: IP rights and usage - include when managing creative talent or brands

2. Insurance: Insurance requirements for both parties - recommended for high-risk industries or substantial financial management

3. Non-Compete: Restrictions on competition during and after the agreement - include when protecting business interests is crucial

4. Force Majeure: Provisions for unexpected events outside parties' control - recommended for long-term agreements or high-value contracts

Suggested Schedules

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

2. Fee Schedule: Detailed breakdown of fees, commissions, and payment structure

3. Performance Metrics: KPIs and performance measurement criteria

4. Territory Schedule: Definition of geographical areas covered by the agreement

5. Approved Sub-contractors: List of pre-approved third parties who may be engaged

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

Companies Act 2006: Primary legislation governing company operations and directors' duties in the UK, essential for management agreements involving corporate entities

Employment Rights Act 1996: Defines employment rights and responsibilities; relevant when management agreements could be interpreted as employment relationships

Agency Workers Regulations 2010: Regulates the relationship between agencies, workers, and hiring companies; important for management arrangements involving agency relationships

Commercial Agents Regulations 1993: Implements EU Directive on commercial agents, providing protection for commercial agents in their relationships with principals

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of contracts made for their benefit

Unfair Contract Terms Act 1977: Regulates clauses that exclude or limit liability in contracts, ensuring fairness in contractual relationships

Consumer Rights Act 2015: Protects consumer interests in contracts; applicable if one party is acting as a consumer

UK GDPR: Post-Brexit data protection regulation governing how personal data must be handled and processed

Data Protection Act 2018: The UK's implementation of data protection requirements, working alongside UK GDPR

Competition Act 1998: Prevents anti-competitive behavior and abuse of dominant market positions

Enterprise Act 2002: Provides framework for merger control and market investigations in the UK

Arbitration Act 1996: Governs arbitration proceedings as a form of alternative dispute resolution in England and Wales

Civil Procedure Rules: Procedural rules governing civil litigation in England and Wales, relevant for dispute resolution clauses

Common Law Contract Principles: Fundamental principles of contract formation including offer, acceptance, consideration, and intention to create legal relations

Common Law Fiduciary Duties: Legal principles establishing the duties owed by agents to their principals, including loyalty and good faith

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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