Exclusive Management Agreement for Australia

Exclusive Management Agreement Template for Australia

An Exclusive Management Agreement is a legally binding contract used in Australian jurisdictions that establishes an exclusive relationship between a management service provider and their client. The agreement comprehensively outlines the scope of management services, exclusivity terms, compensation structure, and the parties' respective rights and obligations. It includes specific provisions compliant with Australian federal and state laws, including the Competition and Consumer Act 2010 and relevant state-based fair trading legislation. The document typically covers key aspects such as term duration, service specifications, performance metrics, confidentiality requirements, and termination conditions.

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What is a Exclusive Management Agreement?

The Exclusive Management Agreement is a sophisticated legal instrument designed for situations where one party (the Manager) is appointed as the exclusive provider of management services to another party (the Client). This document is commonly used across various sectors in Australia, from entertainment and sports management to real estate and asset management. It establishes a comprehensive framework for the management relationship, incorporating provisions that comply with Australian federal and state legislation, including the Competition and Consumer Act 2010 and relevant fair trading laws. The agreement is particularly valuable when parties seek to create a long-term, exclusive management relationship with clearly defined rights, obligations, and commercial terms. It typically includes detailed provisions for service scope, performance standards, compensation structures, and protection of both parties' interests through confidentiality and intellectual property clauses.

What sections should be included in a Exclusive Management Agreement?

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

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Appointment and Scope: Establishes the exclusive appointment of the manager and defines the scope of management services

5. Term and Renewal: Specifies the initial term of the agreement and any renewal provisions

6. Manager's Rights and Obligations: Details the specific rights granted to the manager and their responsibilities

7. Client's Obligations: Outlines the client's responsibilities and commitments to enable the manager to perform their duties

8. Exclusivity Provisions: Defines the exact nature and scope of the exclusive relationship

9. Fees and Payment Terms: Specifies management fees, payment schedule, and any performance-based compensation

10. Intellectual Property: Addresses ownership and usage rights of intellectual property

11. Confidentiality: Establishes confidentiality obligations for both parties

12. Termination: Sets out grounds for termination and the process for ending the agreement

13. Post-Termination Obligations: Specifies obligations that survive termination and transition arrangements

14. General Provisions: Contains standard boilerplate clauses including notices, governing law, and dispute resolution

What sections are optional to include in a Exclusive Management Agreement?

1. Non-Compete Provisions: Used when the client wants to restrict the manager's ability to work with competitors during and after the agreement

2. Insurance Requirements: Detailed insurance obligations when specific coverage types and amounts need to be maintained

3. Performance Metrics: Include when the agreement includes performance-based compensation or specific KPIs

4. Force Majeure: Added when parties want specific provisions for handling unforeseen circumstances

5. Assignment and Subcontracting: Include when either party may need to transfer rights or engage subcontractors

6. Data Protection: Required when personal data processing is involved in the management services

7. Marketing and Promotion: Include when the agreement covers promotional activities and brand management

8. Audit Rights: Added when the client requires rights to audit the manager's activities and records

What schedules should be included in a Exclusive Management Agreement?

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

2. Schedule 2 - Fee Structure: Detailed breakdown of all fees, commissions, and payment calculations

3. Schedule 3 - Key Personnel: List of key personnel assigned to provide the management services

4. Schedule 4 - Service Levels: Specific performance standards and service level requirements

5. Schedule 5 - Territories: Definition of geographical areas covered by the exclusive arrangement

6. Schedule 6 - Reporting Requirements: Details of required reports, their frequency, and content

7. Appendix A - Power of Attorney: If required, specific powers granted to the manager

8. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable

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

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Entertainment and Media

Sports

Real Estate

Hospitality

Asset Management

Talent Management

Property Management

Professional Services

Artist Management

Event Management

Retail Management

Facility Management

Relevant Teams

Legal

Operations

Commercial

Business Development

Client Relations

Compliance

Risk Management

Finance

Contract Administration

Project Management

Relevant Roles

Chief Executive Officer

Managing Director

Operations Manager

Legal Counsel

Contract Manager

Business Development Manager

Commercial Director

Talent Manager

Property Manager

Asset Manager

Client Relations Manager

Project Manager

Portfolio Manager

General Manager

Compliance Officer

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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