The Non-Exclusive Management Agreement is designed for situations where a business or individual requires professional management services while maintaining the flexibility to work with multiple service providers. This document is particularly relevant in the Australian business context, where it needs to comply with federal and state-specific legislation, including the Competition and Consumer Act 2010 and various state Fair Trading Acts. The agreement typically includes detailed provisions for service scope, performance expectations, fee structures, and termination rights, while explicitly preserving the non-exclusive nature of the relationship. It's commonly used in various sectors from entertainment and sports to property management and business consulting, where professional management services are required but exclusivity is not desired or practical.
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1. Parties: Identifies and defines the Manager and the Client with their full legal details
2. Background: Sets out the context of the agreement, including the Client's business and desire for management services
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment: Establishes the non-exclusive appointment of the Manager and its general scope
5. Term: Specifies the duration of the agreement, including start date and any renewal provisions
6. Manager's Services: Details the specific services to be provided by the Manager
7. Manager's Obligations: Lists the key responsibilities and duties of the Manager
8. Client's Obligations: Specifies the Client's responsibilities and duties
9. Fees and Payment: Details the fee structure, payment terms, and expenses
10. Non-Exclusivity: Explicitly confirms the non-exclusive nature of the arrangement and its implications
11. Intellectual Property: Addresses ownership and usage of intellectual property
12. Confidentiality: Defines confidential information and obligations regarding its protection
13. Termination: Specifies circumstances and processes for ending the agreement
14. Post-Termination: Outlines obligations and rights after the agreement ends
15. General Provisions: Standard boilerplate clauses including notices, governing law, etc
1. Performance Targets: Include when specific performance metrics are required to measure the Manager's success
2. Territory Restrictions: Include when the management services are limited to specific geographic areas
3. Insurance: Include when specific insurance requirements need to be detailed
4. Key Personnel: Include when specific individuals are critical to the management services
5. Non-Solicitation: Include when protection against poaching of staff or clients is required
6. Data Protection: Include when significant personal data processing is involved
7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
8. Dispute Resolution: Include when specific dispute resolution procedures are preferred over standard court proceedings
1. Schedule 1 - Services: Detailed description of management services to be provided
2. Schedule 2 - Fee Structure: Detailed breakdown of fees, commissions, and payment calculations
3. Schedule 3 - Key Performance Indicators: Specific metrics and targets for measuring performance
4. Schedule 4 - Approved Expenses: List of pre-approved expenses and reimbursement procedures
5. Schedule 5 - Reporting Requirements: Details of required reports, frequency, and content
6. Appendix A - Communication Protocols: Procedures for routine communications and escalations
7. Appendix B - Key Personnel: Details of key team members and their roles
Authors
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Entertainment
Sports
Real Estate
Property Management
Business Consulting
Artist Management
Retail
Hospitality
Technology
Healthcare
Education
Manufacturing
Event Management
Financial Services
Relevant Teams
Legal
Operations
Commercial
Business Development
Contract Administration
Risk Management
Compliance
Finance
Human Resources
Strategic Planning
Relevant Roles
Chief Executive Officer
Managing Director
Business Owner
Operations Manager
Legal Counsel
Contract Manager
Business Development Manager
Property Manager
Artist Manager
Sports Agent
Management Consultant
Portfolio Manager
General Manager
Commercial Director
Talent Manager
Project Manager
Business Manager
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