The Exclusive Management Agency Agreement is a critical document used when a business or individual (the Principal) wishes to delegate management responsibilities to a professional management agency on an exclusive basis. This agreement type is particularly relevant in Canadian business contexts where comprehensive management services are required with territorial exclusivity. The document addresses key aspects required under Canadian federal and provincial laws, including agency obligations, competition law compliance, and provincial contract law requirements. It typically includes detailed provisions for service scope, compensation, territory definitions, performance metrics, and termination conditions. The Exclusive Management Agency Agreement is essential for businesses seeking professional management while maintaining legal compliance and protecting both parties' interests through clear definition of rights, obligations, and exclusivity terms.
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1. Parties: Identifies and provides full legal details of the Principal and the Management Agency
2. Background: Sets out the context of the agreement, including the Principal's business and need for management services
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the exclusive appointment and defines the territory and scope of management services
5. Term and Renewal: Specifies the initial term and any renewal provisions
6. Management Agency's Rights and Obligations: Details the specific duties, responsibilities and authority of the Management Agency
7. Principal's Rights and Obligations: Outlines the Principal's responsibilities and commitments
8. Exclusivity Provisions: Details the nature and extent of the exclusive relationship
9. Compensation and Expenses: Specifies fees, commissions, expense reimbursement and payment terms
10. Reporting and Accountability: Sets out reporting requirements and performance metrics
11. Intellectual Property: Addresses ownership and usage of intellectual property
12. Confidentiality: Protects confidential information of both parties
13. Termination: Specifies grounds for termination and the process
14. Post-Termination Obligations: Outlines obligations and restrictions after agreement ends
15. General Provisions: Contains standard boilerplate clauses including governing law, notices, etc.
1. Sub-Agents: Include when the Management Agency may need to appoint sub-agents
2. Insurance: Include when specific insurance requirements need to be maintained
3. Non-Solicitation: Include to prevent poaching of clients or employees
4. Force Majeure: Include for protection against unforeseen circumstances
5. Data Protection: Include when personal data processing is involved
6. Dispute Resolution: Include when specific dispute resolution procedures are required
7. Change Control: Include when formal processes for changes to services are needed
8. Compliance with Laws: Include when specific regulatory compliance needs to be addressed
1. Schedule A - Services Description: Detailed description of management services to be provided
2. Schedule B - Territory: Detailed description of the geographic territory covered
3. Schedule C - Fee Schedule: Detailed breakdown of fees, commissions and payment structures
4. Schedule D - Key Performance Indicators: Specific metrics for measuring performance
5. Schedule E - Approved Sub-Agents: List of pre-approved sub-agents if applicable
6. Schedule F - Reporting Requirements: Templates and specifications for required reports
7. Appendix 1 - Power of Attorney: If required, specific powers granted to the Management Agency
8. Appendix 2 - Operating Procedures: Detailed operational procedures and protocols
Relevant legal definitions
Clauses
Relevant Industries
Entertainment and Media
Sports and Athletics
Real Estate
Hospitality
Retail
Artist Management
Business Services
Property Management
Investment Management
Professional Services
Fashion and Modeling
Music Industry
Event Management
Talent Management
Relevant Teams
Legal
Operations
Commercial
Business Development
Compliance
Risk Management
Finance
Human Resources
Executive Leadership
Contract Administration
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Contracts Manager
Operations Director
Commercial Director
Talent Manager
Property Manager
Business Owner
Artist Manager
Sports Agent
Portfolio Manager
Compliance Officer
Risk Manager
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