Agent Client Agreement for Australia

Agent Client Agreement Template for Australia

An Agent Client Agreement is a comprehensive legal document governed by Australian law that establishes and regulates the relationship between a principal (client) and their appointed agent. The agreement defines the scope of authority granted to the agent, outlines the duties and obligations of both parties, specifies compensation arrangements, and includes provisions for risk management and termination. It incorporates requirements from relevant Australian legislation, including the Australian Consumer Law, Privacy Act, and industry-specific regulations, while providing a framework for professional agency services and protecting both parties' interests.

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What is a Agent Client Agreement?

This Agent Client Agreement is designed for use in the Australian business environment where one party (the Agent) is authorized to act on behalf of another party (the Principal/Client). The agreement is essential for businesses seeking to formalize agency relationships while ensuring compliance with Australian legal requirements, including the Australian Consumer Law, common law principles of agency, and relevant industry regulations. It provides comprehensive coverage of key aspects such as scope of authority, service obligations, compensation, liability provisions, and termination rights. This document is particularly valuable for businesses expanding their reach through agents, brokers, or representatives, and includes necessary protections for both parties while maintaining flexibility for specific commercial arrangements.

What sections should be included in a Agent Client Agreement?

1. Parties: Identification and details of the Agent and the Client

2. Background: Context of the agreement and general intention of the parties

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation

4. Appointment and Scope: Formal appointment of the agent and detailed scope of authority

5. Agent's Obligations: Core duties, responsibilities and service standards of the agent

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

7. Fees and Payment Terms: Compensation structure, payment terms and expenses

8. Term and Termination: Duration of agreement and circumstances for termination

9. Confidentiality: Protection and handling of confidential information

10. Liability and Indemnity: Limitation of liability and indemnification provisions

11. Insurance: Required insurance coverage and maintenance

12. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution

What sections are optional to include in a Agent Client Agreement?

1. Intellectual Property: Required when the agency services involve creation or use of intellectual property

2. Data Protection: Detailed privacy and data handling requirements, particularly important for agencies handling sensitive information

3. Non-Compete and Non-Solicitation: Restrictions on competitive activities, used when protecting business interests is crucial

4. Service Levels: Specific performance metrics and standards, important for complex service arrangements

5. Compliance with Laws: Detailed regulatory compliance obligations, particularly relevant for regulated industries

6. Sub-Agents: Terms governing the appointment and management of sub-agents if permitted

7. Force Majeure: Provisions for handling unforeseen circumstances and events beyond parties' control

What schedules should be included in a Agent Client Agreement?

1. Schedule 1 - Services Description: Detailed description of services to be provided by the agent

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

3. Schedule 3 - Service Levels and KPIs: Specific performance metrics and service standards

4. Schedule 4 - Approved Sub-Agents: List of pre-approved sub-agents if applicable

5. Schedule 5 - Territory: Geographic or market scope of the agency appointment

6. Appendix A - Required Insurance Coverage: Specific insurance requirements and minimum coverage levels

7. Appendix B - Reporting Requirements: Templates and specifications for required reports

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Clauses
Relevant Industries

Real Estate

Financial Services

Insurance

Marketing and Advertising

Sales and Distribution

Import/Export

Professional Services

Manufacturing

Retail

Technology

Entertainment

Sports Management

Relevant Teams

Legal

Commercial

Business Development

Sales

Operations

Compliance

Risk Management

Contract Administration

Partner Relations

Channel Management

Relevant Roles

Legal Counsel

Commercial Director

Business Development Manager

Sales Manager

Operations Manager

Compliance Officer

Risk Manager

Contract Administrator

Agency Manager

Partnership Manager

Channel Manager

Chief Operating Officer

General Manager

Managing 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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