Management Services Agreement Template for United States

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Key Requirements PROMPT example:

Management Services Agreement

"I need a Management Services Agreement for my technology consulting firm to provide IT management and operational oversight services to a healthcare provider, with specific provisions for HIPAA compliance and data security requirements, starting March 1, 2025."

Document background
The Management Services Agreement is essential for businesses seeking to outsource or receive professional management expertise while maintaining clear operational and legal frameworks. This document, governed by United States federal and state laws, is typically used when one organization requires external management support for various business functions, such as operations, administration, or specialized departmental oversight. The agreement comprehensively outlines service scope, performance metrics, fee structures, and risk allocation between parties. It's particularly crucial for ensuring compliance with regulatory requirements while protecting both parties' interests through detailed confidentiality, intellectual property, and liability provisions. The document serves as a foundation for long-term business relationships and usually includes flexibility for service modifications as business needs evolve.
Suggested Sections

1. Parties: Identification of the service provider and recipient, including full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

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 the agreement and circumstances for termination

6. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing procedures

7. Service Provider's Obligations: Key responsibilities and performance standards of the service provider

8. Client's Obligations: Responsibilities of the client, including provision of information and access

9. Confidentiality: Protection of confidential information exchanged during service provision

10. Intellectual Property: Ownership and usage rights of IP created during service provision

11. Liability and Indemnification: Allocation of risks and responsibilities for losses

12. Insurance: Required insurance coverage for both parties

13. Force Majeure: Provisions for circumstances beyond parties' control

14. Governing Law and Jurisdiction: Applicable law and dispute resolution procedures

15. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments

Optional Sections

1. Transition Services: Used when there's a need to specify handling of service transition at start or end of the agreement

2. Personnel Requirements: Include when specific staff qualifications or security clearances are required

3. Service Levels: Add when specific performance metrics and standards need to be measured

4. Compliance with Specific Regulations: Include for heavily regulated industries or specific compliance requirements

5. Data Protection: Add detailed data protection provisions when significant personal data processing is involved

6. Non-Competition: Include when restricting service provider from working with competitors

7. Audit Rights: Add when client requires right to audit service provider's performance or records

8. Business Continuity: Include when services are critical to client's operations

9. Step-In Rights: Add when client needs right to take over services in certain circumstances

Suggested Schedules

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

2. Fee Schedule: Detailed pricing structure, rates, and payment terms

3. Service Levels and KPIs: Specific performance metrics and measurement criteria

4. Key Personnel: List of key staff members and their roles

5. Required Insurance Coverage: Specific insurance types and coverage amounts

6. Approved Subcontractors: List of pre-approved subcontractors if applicable

7. Client Policies and Procedures: Relevant client policies that service provider must comply with

8. Equipment and Resources: List of equipment or resources to be provided by either party

9. Form of Reports: Templates or formats for required reporting

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

Relevant legal definitions
Clauses
Relevant Industries

Healthcare

Technology

Manufacturing

Real Estate

Hospitality

Financial Services

Education

Retail

Professional Services

Construction

Energy

Telecommunications

Non-Profit Organizations

Transportation and Logistics

Relevant Teams

Legal

Operations

Procurement

Finance

Compliance

Risk Management

Business Development

Project Management

Commercial

Administrative

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Operating Officer

General Counsel

Legal Director

Procurement Manager

Operations Director

Contract Manager

Business Development Manager

Risk Manager

Compliance Officer

Finance Director

Project Manager

Department Head

Managing Director

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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