The Exclusive Management Agency Agreement serves as the foundational document for professional representation relationships in the United States. This contract type is essential when a talent or professional seeks dedicated management services while granting exclusive rights to a single agency. It outlines crucial elements such as commission structures, scope of representation, and territorial rights, while ensuring compliance with relevant state and federal regulations. The agreement is particularly important in industries where professional representation is common, such as entertainment, sports, and media, and must be carefully crafted to protect both parties' interests while meeting jurisdiction-specific requirements.
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1. Parties: Identification of the manager/agency and the client/talent
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of management services to be provided
5. Term and Termination: Duration of agreement and conditions for termination
6. Exclusivity: Terms of exclusive representation
7. Compensation: Commission rates, payment terms, and calculation methods
8. Rights and Obligations: Specific duties and responsibilities of both parties
9. Governing Law: Applicable jurisdiction and legal framework
1. Post-Termination Obligations: Ongoing obligations after agreement ends, typically used when dealing with long-term relationships or significant intellectual property
2. International Representation: Terms for representation in other territories, used when client requires international management
3. Social Media Management: Terms for managing client's social media presence, included when social media management is part of services
4. Dispute Resolution: Arbitration or mediation procedures, included when parties prefer alternative dispute resolution
1. Schedule A - Services: Detailed list of management services to be provided
2. Schedule B - Commission Structure: Detailed breakdown of commission rates for different types of earnings
3. Schedule C - Excluded Activities: List of activities/earnings not subject to commission
4. Schedule D - Approved Sub-Agents: List of approved third-party representatives if applicable
Relevant legal definitions
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