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Exclusive Management Agency Agreement Template for United States

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Key Requirements PROMPT example:

Exclusive Management Agency Agreement

"I need an Exclusive Management Agency Agreement for representing a rising social media influencer across multiple platforms, with specific focus on international territorial rights and commission structures for different types of brand deals, starting March 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses






























Industries

Sherman Antitrust Act and Clayton Act: Federal laws governing competition and exclusive dealings in business relationships, ensuring the agreement doesn't create unfair monopolistic practices

Labor Management Relations Act: Federal legislation (Taft-Hartley Act) governing labor-management relations and collective bargaining rights

Fair Labor Standards Act: Federal law establishing standards for wages, overtime pay, and working conditions that may affect the management relationship

Federal Arbitration Act: Federal law governing arbitration provisions in contracts, relevant if including dispute resolution clauses

State Labor Laws: Varying state-specific regulations governing employment relationships and worker protections

State Contract Laws: State-specific requirements for contract formation, enforcement, and interpretation

State Licensing Requirements: Regulations governing licensing and certification requirements for talent agents and managers in specific states

State Non-Compete Restrictions: State-specific limitations and requirements for non-compete clauses and exclusivity provisions

Talent Agency Act: Specific legislation (particularly in California) regulating talent agency operations and relationships with clients

Guild/Union Regulations: Rules and requirements set by entertainment industry guilds and unions affecting management relationships

Common Law Contract Principles: Legal principles governing contract formation, including offer, acceptance, consideration, and capacity

Fiduciary Duty Laws: Legal principles establishing the manager's obligations to act in the best interest of the client

Agency Law: Legal principles governing the relationship between principals and agents, including scope of authority and obligations

IRS Classifications: Federal tax regulations determining independent contractor versus employee status

Data Privacy Laws: State and federal regulations governing the collection, storage, and use of personal information

Commission Rate Regulations: State-specific rules governing permissible commission rates and fee structures for talent representatives

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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