The Exclusive Representation Agreement serves as a cornerstone document for establishing protected agency relationships in various professional contexts. It is particularly vital when parties seek to create a clear, exclusive business relationship with defined territories and scope. This contract type ensures that the representative has sole rights to represent the client in specified matters, while providing the client with dedicated professional services. Under U.S. jurisdiction, these agreements must comply with state-specific agency laws and federal regulations, particularly in regulated industries such as entertainment, sports, and real estate.
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1. Parties: Identification of the representative and the client, including full legal names and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Key terms used throughout the agreement
4. Scope of Representation: Detailed description of services to be provided and territories covered
5. Term and Exclusivity: Duration of the agreement and exclusivity provisions
6. Compensation: Fee structure, commission rates, and payment terms
7. Obligations of Representative: Duties and responsibilities of the representative
8. Obligations of Client: Duties and responsibilities of the client
9. Termination: Conditions and procedures for ending the agreement
1. Intellectual Property Rights: Protection and handling of intellectual property rights when representation involves creative works or branded content
2. Non-Competition: Restrictions on competitive activities and market protection provisions
3. International Provisions: Terms governing international representation and cross-border activities
4. Insurance Requirements: Required insurance coverage and liability protection measures
5. Sub-Agents: Terms and conditions for engaging and managing sub-agents
1. Schedule of Services: Detailed list of specific services to be provided under the agreement
2. Commission Schedule: Detailed breakdown of commission rates and calculation methods
3. Territory Schedule: Definition of geographical areas covered by the agreement
4. Performance Metrics: Specific performance targets and evaluation criteria
5. Contact Details: List of key contacts and their roles for both parties
Relevant legal definitions
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