Non Exclusive Management Agreement Template for England and Wales

A Non Exclusive Management Agreement is a legal contract that allows you to engage professional management services while retaining the freedom to work with multiple service providers simultaneously. Unlike exclusive arrangements, this agreement enables both you and your manager to maintain other professional relationships, providing flexibility that's essential in dynamic business environments.

When do you need this document?

You'll need this agreement when engaging a manager or consultant who won't be working exclusively for your business. This is common in the entertainment industry where artists work with managers who represent multiple clients, or in business consulting where advisors serve various companies. The agreement is also essential when you're testing a new management relationship before committing to exclusivity, or when your business requires specialized expertise that doesn't warrant a full-time, exclusive arrangement. Sports professionals, creative professionals, and small business owners frequently use these agreements to access high-quality management services without restricting their options.

Key legal considerations

The most critical aspect is clearly defining the scope of services and ensuring the relationship doesn't inadvertently create an employment contract under English law. You must establish that the manager operates as an independent contractor rather than an employee, which affects tax obligations, benefits, and termination rights. Payment structures should be carefully outlined, including any commission arrangements and expense reimbursements. Confidentiality clauses are essential to protect sensitive business information, while termination provisions must specify notice periods and circumstances for immediate termination. The agreement should address potential conflicts of interest arising from the manager's other client relationships and include provisions for intellectual property rights.

Legal requirements in England and Wales

Under English contract law, your agreement must meet basic formation requirements including offer, acceptance, consideration, and intention to create legal relations. The Commercial Agents Regulations 1993 may apply if the manager acts as a commercial agent, affecting termination rights and compensation. You must ensure compliance with the Companies Act 2006 if either party is a registered company, and consider Partnership Act 1890 provisions if the arrangement involves partnerships. The Employment Rights Act 1996 requires clear distinction between management and employment relationships to avoid unintended employment obligations. Anti-discrimination provisions under the Equality Act 2010 must be observed, and if the manager provides services that could be construed as work, Working Time Regulations 1998 considerations may apply. Data protection compliance under UK GDPR is mandatory when processing personal information.