Exclusive Management Agreement Template for New Zealand

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Key Requirements PROMPT example:

Exclusive Management Agreement

"I need an Exclusive Management Agreement for my boutique hotel in Auckland, where a professional management company will handle all operations and staff management from March 2025, with specific KPIs for occupancy rates and guest satisfaction."

Document background
The Exclusive Management Agreement is designed for situations where a business or individual (principal) wishes to engage a professional management company to handle specific aspects of their operations or affairs on an exclusive basis. This document, governed by New Zealand law, establishes a formal relationship where the management company becomes the sole provider of specified management services within defined parameters. It's particularly useful in scenarios requiring professional management expertise, such as property management, artist representation, sports management, or business operations. The agreement includes comprehensive provisions for service scope, exclusivity terms, compensation, performance standards, and termination conditions, all aligned with New Zealand legal requirements and business practices. The document serves as a crucial tool for protecting both parties' interests while ensuring clear accountability and performance metrics in the management relationship.
Suggested Sections

1. Parties: Identification of the principal and the management company, including full legal names and registered addresses

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of entering into the management arrangement

3. Definitions: Key terms used throughout the agreement, including Territory, Services, Exclusive Period, and other relevant definitions

4. Appointment and Scope: Formal appointment clause establishing the exclusive management relationship and defining its scope

5. Term and Exclusivity: Duration of the agreement and specific terms of exclusivity, including territorial restrictions

6. Manager's Rights and Obligations: Comprehensive listing of the manager's duties, responsibilities, and authority levels

7. Principal's Obligations: Principal's responsibilities, including provision of information, resources, and cooperation requirements

8. Fees and Payment Terms: Management fees, payment structure, expenses, and invoicing procedures

9. Performance Standards: Required service levels, quality standards, and performance metrics

10. Intellectual Property: Ownership and usage rights of IP created during the management relationship

11. Confidentiality: Protection and handling of confidential information exchanged during the relationship

12. Termination: Grounds for termination, notice requirements, and consequences of termination

13. Post-Termination Obligations: Ongoing obligations, transition requirements, and restrictions after agreement ends

14. General Provisions: Standard boilerplate clauses including notices, amendment process, governing law, and dispute resolution

Optional Sections

1. Key Performance Indicators (KPIs): Detailed performance metrics and measurement criteria - include when specific performance targets are crucial to the relationship

2. Audit Rights: Principal's rights to audit the manager's activities - include for complex management arrangements or when significant financial oversight is required

3. Insurance Requirements: Specific insurance obligations - include when management activities involve significant risk or valuable assets

4. Data Protection: Specific data handling and protection requirements - include when significant personal or sensitive data is involved

5. Force Majeure: Provisions for unforeseen circumstances - include when service continuity is critical

6. Non-Solicitation: Restrictions on hiring each other's personnel - include when protecting human resources is important

7. Branding and Marketing: Guidelines for use of brands and marketing activities - include when manager will be involved in marketing

8. Compliance Requirements: Specific regulatory compliance obligations - include for heavily regulated industries

Suggested Schedules

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

2. Schedule 2 - Territory Definition: Detailed description or map of the exclusive territory

3. Schedule 3 - Fee Structure: Detailed breakdown of fees, commission structures, and payment calculations

4. Schedule 4 - Performance Metrics: Specific KPIs, targets, and measurement methodologies

5. Schedule 5 - Required Reports: List and templates of required management reports

6. Schedule 6 - Key Personnel: List of key personnel from both parties involved in the management relationship

7. Appendix A - Operating Procedures: Detailed operational procedures and protocols

8. Appendix B - Compliance Checklist: Regulatory and operational compliance requirements

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

Real Estate

Entertainment

Sports Management

Asset Management

Property Management

Hospitality

Event Management

Artist Management

Investment Management

Facility Management

Professional Services

Retail Management

Relevant Teams

Legal

Operations

Business Development

Commercial

Contracts Administration

Asset Management

Property Management

Facilities Management

Risk Management

Compliance

Executive Leadership

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Operations Manager

Legal Counsel

Contract Manager

Property Manager

Artist Manager

Sports Agent

Facility Manager

Asset Manager

Investment Manager

Business Owner

Venue Manager

Portfolio Manager

General Manager

Commercial Director

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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