[{"data":1,"prerenderedAt":521},["ShallowReactive",2],{"document-management-agreement-D163":3},{"document":4,"label":20,"preview":11,"thumb":21,"thumb600":22,"description":23,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":24,"breadcrumb":28,"related":36,"customDescModule":174,"customdescription":23,"mdFm":175,"mdProseHtml":520},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":15,"keywords":19},"MANAGEMENT AGREEMENT This Management Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the \"Manager\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS the Company is in the business of operating a [SPECIFY] (the \"Business\"); WHEREAS the Manager has knowledge and expertise in the area of establishing, developing, operating and managing [SPECIFY BUSINESS TYPE], as well as in the area of the management of enterprises carrying on activities similar to those of the Company; WHEREAS the Company considers that the Manager's expertise will enable the Company to successfully and profitably operate its Business; WHEREAS the Manager has represented to the Company that it shall, during the term of this Management Agreement, be primarily responsible for the performance of the services to be provided hereunder; WHEREAS the Company wishes to engage the Manager to manage the Business on the terms and conditions set out below, and the Manager is prepared to enter into the present Management Agreement with the Company. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. ENGAGEMENT 1.1 The Company hereby engages the Manager to provide expertise in the operation of the Business and such management services as may, from time to time, be requested by the Company. Such services shall be provided by the Manager and through such other agents and supervisors employed by the Manager as may be named by the Manager. 2. TERMS AND RENEWAL 2.1 The terms of the present Management Agreement shall run for [NUMBER] ([NUMBER]) months from the date of the opening for business of the Business, unless sooner terminated or subsequently continued in accordance with the terms and conditions of the present Management Agreement. 2.2 The Company may, at its option, renew the present Management Agreement for an additional period of [NUMBER] ([NUMBER]) months, provided that at the end of the initial term: 2.2.1 the Company has given the Manager written notice of such election to renew not less than [NUMBER] ([NUMBER]) months and not more than [NUMBER] ([NUMBER]) months prior to the expiry of the initial term; 2.2.2 the Company has satisfied all monetary obligations owed by it to the Manager, and has timely met such obligations throughout the term of the present Management Agreement; 2.2.3 the Company shall execute not less than [NUMBER] ([NUMBER]) months prior to renewal the Manager's then-current form of Management Agreement, which Agreement shall supersede in all respects the present Management Agreement, and the terms of which may differ from the terms of the present Management Agreement, including, without limitation, a revised Management Fee; and 2.2.4 the Company shall execute a general release, in a form prescribed by the Manager, of any and all claims against the Manager and its subsidiaries and affiliates, if any, and in respect of their respective officers, directors, agents and employees. 3. FEES AND PAYMENTS 3.1 The Company shall pay to the Manager during the terms of this Management Agreement a fee for its management services in an amount equal to [PERCENTAGE %] percent ([PERCENTAGE %]) of the Gross Sales at the Business (the \"Management Fee\"), which Management Fee shall be payable monthly in arrears. The term \"Gross Sales\" as used herein shall include the aggregate of the total amount of all sales, receipts, receivables, sales of merchandise made or services rendered in, at, on, or from the Business, and sales wherever made of food, beverage and products stored on the Business's premises, including catering on and off the Business's premises, or any other business conducted from the Business, whether made by the Company or any assignee, successor or sub-lessee, and whether made on a cash basis, or by check, or on credit, paid or unpaid, collected or uncollected, including deposits not refunded to customers, and the amount of any orders received at or solicited from the Business although such orders may be filled elsewhere, in the same manner and with the same effect as if such sales or services have been made or performed on the Business premises. Each charge or sale upon credit shall be treated as a sale for the full price in the week during which such charge or sale shall be made, irrespective of the time when the Company shall receive payment, either full or partial, therefor. Any installation fee, continuing rental, or percentage sales or any other revenue received by the Franchisee from vending and other machines and public telephone permitted to be installed on the Business's premises under Paragraph 5.6 hereof shall form part of Gross Sales. 3.4 The term \"Gross Sales\" as used herein shall not, however, include, or there shall be deducted therefrom, as the case may be the following amounts: the amount of all sales for which cash has been refunded, but only to the extent of such refund, provided that the amount of such sales shall have previously been included in Gross Sales; the amount of any gratuities to employees; the amount of any sales, retail, excise, or similar tax imposed by any federal, provincial, municipal or other governmental authority directly on sales or services and added to the price thereof, where such amounts have been collected from the customer at the point of sale by the Company acting as agent for such authority and actually in turn paid by the Company to such governmental authority; the amount of any promotional discounts approved by the Franchisor, including, without limitation, coupon redemptions and other sales of food pursuant to promotional programs which have been approved in writing by the Franchisor prior to implementation; meals served to employees of the Company and consumed on the Business's premises, provided an accurate list of such meals consumed is reported on the weekly report required by Paragraph 4.3 hereinabove. 3.5 The Manager shall be reimbursed for all travelling and other expenses actually and properly incurred by it in connection with its duties hereunder. The Manager shall furnish statements and vouchers to the Company in respect of all such expenses for which reimbursement is claimed. 3.6 All monthly payments required by this Article 3 must be paid by check drawn to the order of the Manager and received by the Manager at its address designated in sub-paragraph 9.1.1 hereof, by [HOUR] o'clock in the afternoon ([HOUR] a.m/p.m.) on the [DAY] immediately following the close of each monthly period, accompanied by a written report detailing the calculations of the Company's Gross Sales at the Business for each such monthly period. If any payment is overdue, the Company shall pay to the Manager, in addition to the overdue amount, interest on such amount from the date it was due until the date of payment, at the rate of [PERCENTAGE %] percent ([PERCENTAGE %]) per annum, and entitlement to such interest shall be in addition to any other remedies which the Manager may have. 4. AUTHORITY, POWER, OBLIGATIONS AND RESPONSIBILITIES OF THE MANAGER 4.1 The Manager shall have full power and authority to manage the Business on behalf of the Company during the terms of the present Management Agreement. 4.2 For greater certainty, the Manager's authority, powers, duties and responsibilities hereunder towards the Company shall include: 4.2.1 the recruitment, employment, and dismissal of all employees of the Company working in the Business; 4.2",null,"Management Agreement","6",63,"doc","https://templates.business-in-a-box.com/imgs/1000px/management-agreement-D163.png","https://templates.business-in-a-box.com/imgs/250px/163.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#163.xml",{"title":6,"description":6},[16],{"label":17,"url":18},"Consultant & Contractors","/templates/consulting-contractor-business/","management agreement","Management Agreement Template","https://templates.business-in-a-box.com/imgs/400px/163.png","https://templates.business-in-a-box.com/imgs/600px/163.png","\u003Ch5>Optimizing Business Operations with a Management Agreement\u003C/h5>\n\u003Cp>In the multifaceted world of business, effective management is crucial for driving growth, ensuring operational efficiency, and achieving strategic goals. A Management Agreement is a key document that formalizes the relationship between a business owner and a management entity, outlining the terms and conditions under which management services will be provided. This agreement ensures that both parties clearly understand their obligations, fostering a cooperative and productive working relationship.\u003C/p>\n\u003Cp>A Management Agreement is essential for defining the parameters of the management arrangement, including the scope of services, compensation, performance standards, and duration. It provides a legal framework that supports smooth and efficient business operations, ensuring that the management services align with the company’s strategic objectives.\u003C/p>\n\u003Ch5>What is a Management Agreement Template?\u003C/h5>\n\u003Cp>A Management Agreement template is a comprehensive guide for drafting detailed agreements that govern the provision of management services. It ensures that all critical elements are addressed, including the scope of services, compensation, performance metrics, and dispute resolution mechanisms. Utilizing a template streamlines the creation process, ensuring consistency and thoroughness while allowing for customization to fit the specific needs and requirements of the parties involved.\u003C/p>\n\u003Ch5>Key Elements of a Management Agreement\u003C/h5>\n\u003Cp>A robust Management Agreement should thoroughly address the following key elements:\u003C/p>\n\u003Cul>\n\u003Cli>\u003Cstrong>Identification of Parties\u003C/strong> - Clearly identifies the business owner (or principal) and the management entity involved in the agreement and their respective roles.\u003C/li>\n\u003Cli>\u003Cstrong>Scope of Services\u003C/strong> - Defines the specific management services to be provided, including detailed descriptions and responsibilities.\u003C/li>\n\u003Cli>\u003Cstrong>Compensation and Payment Terms\u003C/strong> - Details the compensation structure, including fees, payment terms, and any performance-based incentives.\u003C/li>\n\u003Cli>\u003Cstrong>Performance Standards\u003C/strong> - Outlines the performance metrics and standards that the management entity is expected to meet, including reporting requirements.\u003C/li>\n\u003Cli>\u003Cstrong>Duration and Termination\u003C/strong> - Defines the duration of the agreement and the conditions under which it can be terminated by either party, including notice requirements.\u003C/li>\n\u003Cli>\u003Cstrong>Duties and Obligations\u003C/strong> - Specifies the duties and obligations of each party to ensure the success of the management arrangement.\u003C/li>\n\u003Cli>\u003Cstrong>Confidentiality\u003C/strong> - Includes provisions for the protection of sensitive business information shared during the term of the agreement.\u003C/li>\n\u003Cli>\u003Cstrong>Dispute Resolution\u003C/strong> - Outlines the mechanisms for resolving disputes, typically through mediation or arbitration, to avoid litigation and maintain a cooperative relationship.\u003C/li>\n\u003C/ul>\n\u003Ch5>Supporting Documents for Structuring a Management Agreement\u003C/h5>\n\u003Cp>To enhance the functionality and comprehensiveness of a Management Agreement, integrating the following supporting documents is advisable:\u003C/p>\n\u003Cul>\n\u003Cli>\u003Cstrong>\u003Ca href=\"https://www.business-in-a-box.com/template/service-level-agreement-D778/\">Service Level Agreement (SLA)\u003C/a>\u003C/strong> - Specifies the performance standards and expectations for the management services provided, ensuring accountability and reliability.\u003C/li>\n\u003Cli>\u003Cstrong>\u003Ca href=\"https://www.business-in-a-box.com/template/non-disclosure-agreement-nda-D12692/\">Non-Disclosure Agreement (NDA)\u003C/a>\u003C/strong> - Protects confidential information exchanged between the business owner and the management entity during the course of the agreement.\u003C/li>\n\u003Cli>\u003Cstrong>\u003Ca href=\"https://www.business-in-a-box.com/template/business-plan-template-D12528/\">Business Plan\u003C/a>\u003C/strong> - Provides a detailed plan outlining the strategic goals, market analysis, operational plan, and financial projections for the business.\u003C/li>\n\u003C/ul>\n\u003Ch5>Why Employ a Detailed Template for a Management Agreement?\u003C/h5>\n\u003Cp>Utilizing a detailed template for drafting your Management Agreement offers significant benefits:\u003C/p>\n\u003Cul>\n\u003Cli>\u003Cstrong>Clarity and Precision\u003C/strong> - Ensures that all necessary information is clearly presented, reducing the likelihood of misunderstandings or miscommunications.\u003C/li>\n\u003Cli>\u003Cstrong>Professionalism\u003C/strong> - Projects a professional image, demonstrating to business partners that you are organized and thorough in your approach.\u003C/li>\n\u003Cli>\u003Cstrong>Efficiency\u003C/strong> - Streamlines the agreement preparation process, saving time and resources that can be better allocated to strategic initiatives.\u003C/li>\n\u003Cli>\u003Cstrong>Risk Mitigation\u003C/strong> - Reduces potential legal disputes by clearly defining roles, responsibilities, and performance standards.\u003C/li>\n\u003Cli>\u003Cstrong>Compliance\u003C/strong> - Ensures that the agreement adheres to legal and regulatory requirements, reducing the risk of non-compliance and potential legal issues.\u003C/li>\n\u003C/ul>\n\u003Cp>Adopting a comprehensive Management Agreement is essential for ensuring effective and efficient business operations. It provides a clear, enforceable framework that aligns the parties with their mutual goals, ensuring that the management services are delivered effectively and remain resilient in the face of challenges. This fundamental document facilitates operational efficacy and solidifies the commitment to strategic growth and success.\u003C/p>\n\u003Cp>Updated in May 2024\u003C/p>\n",[25,16],{"label":26,"url":27},"Templates","/templates/",[29,30,33],{"label":26,"url":27},{"label":31,"url":32},"Legal Agreements","/templates/business-legal-agreements/",{"label":34,"url":35},"Services & Consulting","/templates/services-and-consulting/",[37,41,45,49,53,57,61,65,69,73,77,81,85,98,113,131,146,158],{"label":38,"url":39,"thumb":40,"extension":10},"Exclusive Management Agreement","/template/exclusive-management-agreement-D12826","https://templates.business-in-a-box.com/imgs/250px/12826.png",{"label":42,"url":43,"thumb":44,"extension":10},"Investment Management Agreement","/template/investment-management-agreement-D13990","https://templates.business-in-a-box.com/imgs/250px/13990.png",{"label":46,"url":47,"thumb":48,"extension":10},"Service Management Agreement","/template/service-management-agreement-D14054","https://templates.business-in-a-box.com/imgs/250px/14054.png",{"label":50,"url":51,"thumb":52,"extension":10},"Project Management Agreement","/template/project-management-agreement-D1195","https://templates.business-in-a-box.com/imgs/250px/1195.png",{"label":54,"url":55,"thumb":56,"extension":10},"Property Management Agreement","/template/property-management-agreement-D1196","https://templates.business-in-a-box.com/imgs/250px/1196.png",{"label":58,"url":59,"thumb":60,"extension":10},"Construction Management Agreement","/template/construction-management-agreement-D13935","https://templates.business-in-a-box.com/imgs/250px/13935.png",{"label":62,"url":63,"thumb":64,"extension":10},"Hotel Management Agreement","/template/hotel-management-agreement-D13984","https://templates.business-in-a-box.com/imgs/250px/13984.png",{"label":66,"url":67,"thumb":68,"extension":10},"Talent Management Agreement","/template/talent-management-agreement-D14073","https://templates.business-in-a-box.com/imgs/250px/14073.png",{"label":70,"url":71,"thumb":72,"extension":10},"Branch Management Agreement (to Establish & Manage)","/template/branch-management-agreement-to-establish-manage-D148","https://templates.business-in-a-box.com/imgs/250px/148.png",{"label":74,"url":75,"thumb":76,"extension":10},"Contract Management Consulting Agreement","/template/contract-management-consulting-agreement-D13941","https://templates.business-in-a-box.com/imgs/250px/13941.png",{"label":78,"url":79,"thumb":80,"extension":10},"Management Services Agreement","/template/management-services-agreement-D551","https://templates.business-in-a-box.com/imgs/250px/551.png",{"label":82,"url":83,"thumb":84,"extension":10},"Social Media Management Contract","/template/social-media-management-contract-D14057","https://templates.business-in-a-box.com/imgs/250px/14057.png",{"description":86,"descriptionCustom":6,"label":87,"pages":8,"size":88,"extension":10,"preview":89,"thumb":90,"svgFrame":91,"seoMetadata":92,"parents":93,"keywords":96,"url":97},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. ","Independent Contractor Agreement",62,"https://templates.business-in-a-box.com/imgs/1000px/independent-contractor-agreement-D160.png","https://templates.business-in-a-box.com/imgs/250px/160.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#160.xml",{"title":6,"description":6},[94],{"label":17,"url":95},"consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":99,"descriptionCustom":6,"label":100,"pages":101,"size":102,"extension":10,"preview":103,"thumb":104,"svgFrame":105,"seoMetadata":106,"parents":107,"keywords":111,"url":112},"JOINT VENTURE AGREEMENT This Joint Venture Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"First Joint Venturer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND JOINT VENTURER NAME] (the \"Second Joint Venturer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] This Agreement is entered by First Joint Venturer and Second Joint Venturer, herein after collectively referred to as the \"Joint Venturers\", for the purpose of performing: [DESCRIBE JOINT VENTURE]. WITNESSETH: WHEREAS, the parties are desirous of forming a Joint Venture (the \"Venture\"), under the laws of the [State/Province] of [STATE/PROVINCE] by execution of this Agreement for the purposes set forth herein and are desirous of fixing and defining between themselves their respective responsibilities, interests, and liabilities in connection with the performance of the before mentioned project; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties herein agree to constitute themselves as Joint Venturers, henceforth, \"Venturers\" for the purposes before mentioned, and intending to be legally bound hereby, the parties hereto, after first being duly sworn, do covenant, agree and certify as follows: DEFINITIONS \"Affiliate\" shall refer to (i) any person directly or indirectly controlling, controlled by or under common control with another person, (ii) any person owning or controlling 10% or more of the outstanding voting securities of such other person, (iii) any officer, director or other partner of such person and (iv) if such other person is an officer, director, joint Venturer or partner, any business or entity for which such person acts in any such capacity. \"Venturers\" shall refer to [VENTURE NAME] Inc., and any successor(s) as may be designated and admitted to the Venture. \"Internal Revenue Code\", \"Code\" or \"I.R.C.\" shall refer to the current and applicable Internal Revenue Code. \"Net Profits and Net Losses\" means the taxable income and loss of the Venture, except as follows: [DESCRIBE] The \"Book\" value of an asset shall be substituted for its adjusted tax basis if the two differ, but otherwise Net Profits and Net Losses shall be determined in accordance with federal income tax principles. \"Project\" shall refer to that certain [DESCRIBE] project known as [NAME]. \"Treasury Regulations\" shall refer to those regulations promulgated by the Department of the Treasury with respect to certain provision of Internal Revenue Code. \"Percentage of Participation\" shall refer to that figure set forth in Exhibit A. FORMATION, NAME, AND PRINCIPLE PLACE OF BUSINESS Formation (a) The Venturers do hereby form a joint venture pursuant to the laws of the State of [STATE/PROVINCE] in order for the Venture to carry on the purposes for which provision is made herein. (b) The Ventures shall execute such certificates as may be required by the laws of the [State/Province] of [STATE/PROVINCE] or of any other state in order for the Venture to operate its business and shall do all other acts and things requisite for the continuation of the Venture as a joint venture pursuant to applicable law. Name The Name and style under which the Venture shall be conducted is: [DESCRIBE]. Principal place of business The Venture shall maintain its principal place of business at [FULL ADDRESS]. The Venture may re-locate its office from time to time or have additional offices as the Venturers may determine. PURPOSE OF THE JOINT VENTURE The business of the Venture shall be to perform: [DESCRIBE], a project having the Contract # , being entitled, and being in a dollar amount of [AMOUNT], in accordance with the contract documents for the Project and all such other business incidental to the general purposes herein set forth. TERM The term of the Venture shall commence as of the date hereof and shall be terminated and dissolved upon the earliest to occur of: (i) completion of the Project and receipt of all sums due the Venture by the Owner, [OWNER NAME] pursuant thereto and payment of all laborers and material men employed by the Venture in connection with the project; (ii) [DATE]; (iii) the unanimous agreement of the Ventures; or (iv) the order of a court of competent jurisdiction. PERCENTAGE OF PARTICIPATION Description Except as otherwise provided in sections 6.0 and 9.0 hereof, the interest of the Parties in any gross profits and their respective shares in any losses and/or liabilities that may result from the filing of a joint bid and/or the performance of the Construction Contract, and their interests in all property and equipment acquired and all money received in connection with the performance of the Contract shall be as follows: [Name Joint Venture Partner Percentage] Losses The Parties agree that in the event any losses arise out of or results from the performance of the Project, each Venturer shall assume and pay the share of the losses that is equal to the percentage of participation. Liabilities If for any reason, a Venturer sustains any liabilities or is required to pay any losses arising out of or directly connected with the Project, or the execution of any surety bonds or indemnity agreements in connection therewith, which are in excess of its Percentage of Participation, in the Joint Venture, the other Venturer shall promptly reimburse such Venturer this excess, so that each and every member of the Joint Venturer will then have paid its proportionate share of such losses to the full extent of its Percentage of Participation. Indemnities The Venturers agree to indemnify each other and to hold the other harmless from, any and all losses of the Joint Venture that are in excess of such other Venturer's Percentage of Participation. Provided that the provisions of this subsection shall be limited to losses that are directly connected with or arise out of the performance of the Project and/or the execution of any bonds or indemnity agreements in connection therewith and shall not be relate to or include any incidental, indirect or consequential losses that may be sustained or suffered by a Party. Duration The Parties shall from time to time execute such bonds and indemnity agreements, including applications there and other documents that may be necessary in connection with the performance of the Project. Provided however, that the liability of each of the Parties under any agreements to indemnify a surety company or surety companies shall be limited to the percentage of the total liability assumed by all the Parties under such indemnity agreements that is equal to the Party's Percentage of Participation. Initial contribution of the venture (a) The Venturers shall contribute the Property to the Venture and their Capital Account shall each be credited with the appropriate value of such contribution in accordance with their Venture interests. (b) Except as otherwise required by law or this Agreement, the Venturers shall not be required to make any further capital contributions to the Venture. Venture interests Upon execution of this Agreement, the Venturers shall each own the following interests in the Venture: Joint Venture Partner Percentage Return of capital contributions (a) No Venturer shall have the right to withdraw his capital contributions or demand or receive the return of his capital contributions or any part thereof, except as otherwise provided in this Agreement. (b) The Venturers shall not be personally liable for the return of capital contributions or any part thereof, except as otherwise provided in this Agreement. (c) The Venture shall not pay interest on capital contributions of any Venturer.","Joint Venture Agreement","7",70,"https://templates.business-in-a-box.com/imgs/1000px/joint-venture-agreement-D889.png","https://templates.business-in-a-box.com/imgs/250px/889.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#889.xml",{"title":6,"description":6},[108,110],{"label":31,"url":109},"business-legal-agreements",{"label":31,"url":109},"joint venture agreement","/template/joint-venture-agreement-D889",{"description":114,"descriptionCustom":6,"label":115,"pages":101,"size":116,"extension":10,"preview":117,"thumb":118,"svgFrame":119,"seoMetadata":120,"parents":122,"keywords":121,"url":130},"EMPLOYMENT AGREEMENT - AT WILL EMPLOYEE This Employment Agreement for \"At Will\" Employee (the \"Agreement\") is made and effective this [DATE], BETWEEN: [EMPLOYEE NAME] (the \"Employee\"), an individual with his main address at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Corporation\"), an entity organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS In consideration of the covenants and agreements herein contained and the moneys to be paid hereunder, the Corporation hereby employs the Employee and the Employee hereby agrees to perform services as an employee of the Corporation, on an \"at will\" basis, upon the following terms and conditions: APPOINTMENT The Employee is hereby employed by the Corporation to render such services and to perform such tasks as may be assigned by the Corporation. The Corporation may, in its sole discretion, increase or reduce the duties, or modify the title and job description, of the Employee from time to time, and any such increase, reduction or modification shall not be deemed a termination of this Agreement. ACCEPTANCE OF EMPLOYMENT Employee accepts employment with the Corporation upon the terms set forth above and agrees to devote all Employee's time, energy and ability to the interests of the Corporation, and to perform Employee's duties in an efficient, trustworthy and business-like manner. DEVOTION OF TIME TO EMPLOYMENT The Employee shall devote the Employee's best efforts and substantially all of the Employee's working time to performing the duties on behalf of the Corporation. The Employee shall provide services during the hours that are scheduled by the Corporation management. The Employee shall be prompt in reporting to work at the assigned time. NO CONFLICT OF INTEREST Employee shall not engage in any other business while employed by the Corporation. Employee shall not engage in any activity that conflicts with the Employees duties to the Corporation. Employee shall not provide any service or lend any aid or assistance to any party that competes with the services offered by the Corporation. Employee shall not provide any services to clients or prospective clients of the Corporation outside of the provision of services for the Corporation, whether such services are provided with or without compensation or remuneration. CORPORATION PROPERTY Employee acknowledges and agrees that while employed by the Corporation the Employee may be provided with use of computer equipment and other property of the Corporation. The use and possession of the such items shall be subject to any policies, requirements or restrictions established by the Corporation. Such items may only be used in performance of the Employee's duties for the corporation. On request of the Corporation, the Employee shall immediately deliver any such items to the Corporation. Upon termination of employment, Employee shall have the affirmative duty to return any such item to the Corporation whether a request is made or not. The obligation to return Corporation property shall extend and include any and all work product, client property, proprietary rights, intangible property, and all other property of the corporation regardless of the form or medium. COMPENSATION The Corporation shall pay the Employee such hourly compensation as determined by the Corporation. Payment shall be at the same time as the Corporations usual payroll to other employees. BONUS & BENEFITS Payment of any bonuses shall be at the complete discretion of the Corporation. No guarantee or representation that any bonuses will be paid has been made to the Employee. Standard benefits that are provided to other non-management employees shall be offered to the Employee, subject to the Corporation's policies and the terms and conditions of such benefits. WITHHOLDING All sums payable to Employee under this Agreement will be reduced by all federal, state, local, and other withholdings and similar taxes and payments required by applicable law. QUALIFICATIONS OF EMPLOYEE The employee shall satisfy all of the qualification that are established by the Corporation. TERM OF AGREEMENT There shall be no guaranteed term of employment. Employer acknowledges and agrees that Employee shall be an \"At Will\" Employee and that Employee's employment may be terminated at any time by the Corporation, with or without cause. FEES FROM EMPLOYEE'S WORK The Corporation shall have exclusive authority to determine the fees, or a procedure for establishing the fees, to be charged to clients by the Corporation for services that are provided by the Employee. All sums paid to the Employee or the Corporation in the way of fees, in cash or in kind, or otherwise for services of the Employee, shall, except as otherwise specifically agreed by the Corporation, be and remain the property of the Corporation and shall be included in the Corporation's name in such checking account or accounts as the Corporation may from time to time designate. CLIENTS AND CLIENT RECORDS The Corporation shall have the authority to determine who will be accepted as clients of the Corporation, and the Employee recognizes that such clients accepted are clients of the Corporation and not the Employee. All client records and files of any type concerning clients of the Corporation shall belong to and remain the property of the Corporation, notwithstanding the subsequent termination of the employment. POLICIES AND PROCEDURES The Corporation shall have the authority to establish from time to time the policies and procedures to be followed by the Employee in performing services for the Corporation. This may include, but is not necessarily limited to, employment policies, computer use policies, Internet access policies, email policies, and all other policies, procedures, directives, and mandates established by the Corporation, whether or not in written form or formally adopted. Employee shall abide by the provisions of any contract entered into by the Corporation under which the Employee provides services. Employee shall comply with the terms and conditions of any and all contracts entered by the Corporation. TERMINATION Employee acknowledges and agrees that Employee is an \"at will\" employee of the Corporation. As such, no term of employment is created hereby and employee may be terminated at any time in the sole discretion of the Corporation, whether there exists any cause for termination or not. CREATIONS AND INVENTIONS Employee acknowledges and agrees that any and all work product of the Employee that is conceived or created during the Employee's employment with the Corporation is the exclusive property of the Corporation. This shall include any and all copyrights, trade secrets, confidential information, patents, trademarks, trade dress, ideas, concepts, plans, business plans, business concepts, techniques, inventions, drawings, artwork, logos, graphics, web pages, databases, software, programs, CGI's, plug ins, applications, brochures, inventions, marketing plans and concepts, and all other ideas and work product of the Employee. The Employee acknowledges and agrees that all creations shall be \"works made for hire\" as defined in the [ACT OR CODE]. Notwithstanding the fact that this material may be considered to be a work made for hire, Employee agrees, during Employee's employment and thereafter, which covenant shall survive any termination of the employment relationship, to execute any and all documents requested by the Corporation to confirm the Corporation's ownership and control of all such material, including but not limited to assignments of copyright, confirmations of work for hire status, waivers of proprietary rights, copyright application, and any other documents requested by Corporation. RESTRICTIVE COVENANTS","Employment Agreement_At Will Employee",513,"https://templates.business-in-a-box.com/imgs/1000px/employment-agreement_at-will-employee-D541.png","https://templates.business-in-a-box.com/imgs/250px/541.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#541.xml",{"title":121,"description":6},"employment agreement_at will employee",[123,126,129],{"label":124,"url":125},"Human Resources","human-resources",{"label":127,"url":128},"Hire an Employee","hire-employee",{"label":31,"url":109},"/template/employment-agreement_at-will-employee-D541",{"description":132,"descriptionCustom":6,"label":133,"pages":134,"size":116,"extension":10,"preview":135,"thumb":136,"svgFrame":137,"seoMetadata":138,"parents":140,"keywords":139,"url":145},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","3","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":139,"description":6},"non disclosure agreement nda",[141,142],{"label":31,"url":109},{"label":143,"url":144},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":147,"descriptionCustom":6,"label":148,"pages":8,"size":116,"extension":10,"preview":149,"thumb":150,"svgFrame":151,"seoMetadata":152,"parents":154,"keywords":153,"url":157},"SERVICE AGREEMENT This SERVICE AGREEMENT (\"Agreement\") is effective [DATE], BETWEEN: [COMPANY NAME] (the \"Contractor\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Customer\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] (The Contractor and the Customer shall be individually referred to as a \"Party\" and collectively referred to as the \"Parties\", as the context may require). WHEREAS A. Contractor has experience and expertise in [DESCRIBE EXPERIENCE AND SERVICE]. B. Customer desires to have Contractor provide services for them. C. Contractor desires to provide services to Customer on the terms and conditions set forth herein (the \"Services\"). NOW THEREFORE, in consideration of the above recitals, the representations, warranties, and agreements contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which are now acknowledged, the Parties agree as follows: SERVICES PROVIDED Beginning on upon agreement to this contract, [CONTRACTOR] will provide to [CUSTOMER] the following service (collectively, the /Services\"): Description of the project: [DESCRIBE THE SERVICE REQUIRED]. SCOPE OF WORK Contractor agrees to provide Services pursuant to the Scope of Work set forth in Exhibit A attached hereto (the \"Scope of Work\"). TERM Unless both parties mutually agree on an extension, this contract will automatically terminate on [SPECIFY]. PERFORMANCE The parties agree to do everything possible to ensure that the terms of this Agreement take effect. PAYMENT FOR SERVICES In exchange for the Services rendered, a payment of [SPECIFY] will be made to the Contractor upon completion of the scheduled Services described in this Contract. If an invoice is not paid on the due date, interest will be added to the current balance. These amounts shall be payable, and the Customer shall pay all overdue amounts at the lesser of [SPECIFY] per cent per annum or the maximum percentage permitted by applicable law. Or Customer will pay Contractor as follows: [SPECIFY]. DELIVERY OF SERVICES The Contractor will exercise due diligence in the provision of services. However, the Customer acknowledges that the indicated delivery times and other payment milestones listed in Scope of Work are estimates and do not constitute final delivery dates. SECURITY The Contractor must make reasonable security arrangement to protect Material from unauthorized access, collection, use, alteration or disposal. OWNERSHIP RIGHT The Customer shall hold the copyright for the agreed version of the Services as delivered, and the Customer's copyright notice may be displayed in the final version. All works, ideas, discoveries, inventions, patents, products or other information that may be protected by copyright (collectively, the \"Work Product\" developed in whole or in part by the Contractor in connection with the Services, shall be the exclusive property of the Customer. Upon request, the Contractor shall execute all documents necessary to confirm or perfect the exclusive ownership of the Customer's \"Work Product\". The Contractor retains exclusive rights to pre-existing materials used in the Customer's projects. The Customer shall not have the right to reuse, resell or otherwise transfer material belonging to the contractor or third parties. The Contractor reserves the right to use the finished public product as an example of a product. RETURN OF PROPERTY Upon the expiry or termination of this Agreement, the Contractor will return to the Customer any property, documentation, records or Confidential Information which is the property of the Customer. COMPENSATION For all services rendered by the Contractor under this Agreement, the Customer shall indemnify the Contractor. In the event that the Customer fails to make any of the payments mentioned, the Contractor shall have the right, but shall not be obliged, to exercise any of the following remedies: ","Service Agreement","https://templates.business-in-a-box.com/imgs/1000px/service-agreement-D12711.png","https://templates.business-in-a-box.com/imgs/250px/12711.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12711.xml",{"title":153,"description":6},"service agreement",[155,156],{"label":31,"url":109},{"label":31,"url":109},"/template/service-agreement-D12711",{"description":159,"descriptionCustom":6,"label":160,"pages":161,"size":116,"extension":10,"preview":162,"thumb":163,"svgFrame":164,"seoMetadata":165,"parents":167,"keywords":172,"url":173},"CONSULTING AGREEMENT This Consulting Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [CONSULTANT NAME] (the \"Consultant\"), an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] In the event of a conflict in the provisions of any attachments hereto and the provisions set forth in this Agreement, the provisions of such attachments shall govern. In consideration of the foregoing and of the mutual promises set forth herein, and intending to be legally bound, the parties hereto agree as follows: RECITALS Consultant has expertise in the area of the Company's business and is willing to provide consulting services to the Company. The Company is willing to engage Consultant as an independent contractor, and not as an employee, on the terms and conditions set forth herein. The Company desires to obtain the services of Consultant by means of services provided by Consultant's employees dispatched by Consultant to provide services to Company hereunder (\"Agents\"), on its own behalf and on behalf of all existing and future Affiliated Companies (defined as any corporation or other business entity or entities that directly or indirectly controls, is controlled by, or is under common control with the Company), and Consultant desires to provide consulting services to the Company upon the following terms and conditions. The Company has spent significant time, effort, and money to develop certain Proprietary Information (as defined below), which the Company considers vital to its business and goodwill. The Proprietary Information will necessarily be communicated to or acquired by Consultant and its Agents in the course of providing consulting services to the Company, and the Company desires to obtain the services of Consultant, only if, in doing so, it can protect its Proprietary Information and goodwill. SERVICES Consultant agrees to perform for Company the services listed in the Scope of Services section in Exhibit A, attached hereto and executed by both Company and Consultant. Such services are hereinafter referred to as \"Services.\" Company agrees that consultant shall have ready access to Company's staff and resources as necessary to perform the Consultant's services provided for by this contract. CONSULTING PERIOD Basic Term The Company hereby retains the Consultant and Consultant agrees to render to the Company those services described in Exhibit A for the period (the \"Consulting Period\") commencing on the date of this Agreement and ending upon the earlier of (i) [APPLICABLE DATE], (the \"Term Date\"), and (ii) the date the Consulting Period is terminated in accordance with Section 7. The Company shall pay the Consultant the compensation to which it is entitled under Section 5 through the end of the Consulting Period, and, thereafter, the Company's obligations hereunder shall end. Renewal Subject to Section 7, the Consulting Period will be automatically renewed for an additional [AGREED UPON NUMBER OF MONTHS] month period (without any action by either party) on the Term Date and on each anniversary thereof, unless one party gives to the other written notice [NUMBER] days in advance of the beginning of any [AGREED UPON NUMBER OF MONTHS] month renewal period that the Consulting Period is to be terminated, provided, that in no event shall the Consulting Period extend beyond [DEADLINE DATE]. Either party's right to terminate the Consulting Period, instead of renewing the Agreement, shall be with or without cause. DUTIES AND RESPONSIBILITIES Consultant hereby agrees to provide and perform for the Company those services set forth on Exhibit A attached hereto. Consultant shall devote its best efforts to the performance of the services and to such other services as may be reasonably requested by the Company and hereby agrees to devote, unless otherwise requested in writing by the Company, (a minimum of at least [AGREED UPON NUMBER OF HOURS] hours of service per week/or assign [AGREED UPON NUMBER OF INDIVIDUALS] individuals to provide services to the Company). Consultant shall use its best efforts to furnish competent Agents possessing a sufficient working knowledge of the Company's research, development and products to fulfill Consultant's obligations hereunder. Any Agent of Consultant who, in the sole opinion of the Company, is unable to adequately perform any services hereunder shall be replaced by Consultant within [AGREED UPON NUMBER OF DAYS] days after receipt of notice from the Company of its desire to have such Agent replaced. Consultant shall use its best efforts to comply with, and to ensure that each of its Agents comply with, all policies and practices regarding the use of facilities at which services are to be perform hereunder. Consultant agrees and shall cause each of its Agents to agree to the Acknowledgement and Inventions Assignment attached hereto as Exhibit B, and Consultant shall deliver a signed original of such Acknowledgement and Inventions Assignment to Company prior to such Agent's commencement of the provision of services for the Company. Consultant shall obtain for the benefit of the Company, as an intended third-party beneficiary thereof, prior to the performance of any services hereunder by any of the Agents, the written agreement of Agent to be bound by terms no less restrictive than the terms of Sections 2, 5, 6, and 7 of this Agreement. Personnel supplied by Consultant to provide services to Company under this Agreement will be deemed Consultant's employees or agents and will not for any purpose be considered employees or agents of Company. Consultant assumes full responsibility for the actions of such personnel while performing services pursuant to this Agreement, and shall be solely responsible for their supervision, daily direction and control, provision of employment benefits (if any) and payment of salary (including all required withholding of taxes). COMPENSATION, BENEFITS AND EXPENSES Compensation In consideration of the services to be rendered hereunder, including, without limitation, services to any Affiliated Company, Consultant shall be paid [AMOUNT], payable at the time and pursuant to the procedures regularly established, and as they may be amended, by the Company during the course of this Agreement. Benefits Other than the compensation specified in this 5.1, neither Consultant nor its Agents shall be entitled to any direct or indirect compensation for services performed hereunder. Expenses The Company shall reimburse Consultant for reasonable travel and other business expenses incurred by its Agents in the performance of the duties hereunder in accordance with the Company's general policies, as they may be amended from time to time during the course of this Agreement. INVOICING Company shall pay the amounts agreed to herein upon receipt of invoices which shall be sent by Consultant, and Company shall pay the amount of such invoices to Consultant. TERMINATION OF CONSULTING RELATIONSHIP By the Company or the Consultant At any time, either the Company or the Consultant may terminate, without liability, the Consulting Period for any reason, with or without cause, by giving [AGREED UPON NUMBER OF DAYS] days advance written notice to the other party. If the Consultant terminates its consulting relationship with the Company pursuant to Sections 2, 3 and 4, the Company shall have the option, in its complete discretion, to terminate Consultant immediately without the running of any notice period","Consulting Agreement Long","12","https://templates.business-in-a-box.com/imgs/1000px/consulting-agreement---long-D12543.png","https://templates.business-in-a-box.com/imgs/250px/12543.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12543.xml",{"title":166,"description":6},"consulting agreement long",[168,169],{"label":31,"url":109},{"label":170,"url":171},"Consulting Agreements","consulting-agreement","consulting agreement   long","/template/consulting-agreement---long-D12543",true,{"seo":176,"reviewer":187,"legal_disclaimer":174,"quick_facts":191,"at_a_glance":194,"personas":198,"variants":223,"glossary":247,"clauses":284,"how_to_fill":335,"common_mistakes":376,"faqs":401,"industries":432,"comparisons":449,"diy_vs_lawyer":463,"jurisdictions":476,"related_template_ids_curated":497,"schema":507,"classification":508},{"meta_title":177,"meta_description":178,"primary_keyword":179,"secondary_keywords":180},"Management Agreement Template (Free Word)","Free management agreement template covering scope, fees, performance, decision rights, term, and termination. Used in 190+ countries. Free Word and PDF download.","management agreement template",[181,182,183,184,185,186],"management agreement template word","management agreement template free","business management agreement","asset management agreement template","management contract template","management services agreement",{"name":188,"credential":189,"reviewed_date":190},"Bruno Goulet","CEO, Business in a Box","2026-05-02",{"difficulty":192,"legal_review_recommended":174,"signature_required":174,"notarization_required":193},"advanced",false,{"what_it_is":195,"when_you_need_it":196,"whats_inside":197},"A Management Agreement is a legally binding contract under which one party (the manager) is engaged to operate or manage a business, asset, or property on behalf of another (the owner). This free Word download covers scope of authority, management fees, performance benchmarks, decision rights, reporting obligations, term, and termination in a single document you can edit online and export as PDF.\n","Use it when an owner delegates day-to-day operational control to a professional manager — whether for a rental property, hotel, investment portfolio, or operating business — and needs enforceable boundaries on authority, fees, and performance.\n","Defined scope of management duties and decision rights, fee structure (base, incentive, and reimbursable expenses), reporting and audit obligations, performance standards, intellectual property and brand usage, confidentiality, liability and indemnification, and termination triggers with transition obligations.\n",[199,203,207,211,215,219],{"title":200,"use_case":201,"icon_asset_id":202},"Real estate investors","Delegating rental property operations to a professional property manager","persona-real-estate-investor",{"title":204,"use_case":205,"icon_asset_id":206},"Hotel and hospitality owners","Engaging a brand operator to run a hotel under a management contract","persona-hospitality-owner",{"title":208,"use_case":209,"icon_asset_id":210},"Asset management firms","Formalizing authority to manage a client's investment portfolio or fund","persona-asset-manager",{"title":212,"use_case":213,"icon_asset_id":214},"Business owners stepping back","Handing operational control to a hired manager while retaining ownership","persona-small-business-owner",{"title":216,"use_case":217,"icon_asset_id":218},"Private equity sponsors","Appointing a portfolio company management team under defined performance terms","persona-private-equity",{"title":220,"use_case":221,"icon_asset_id":222},"Franchise and brand operators","Managing a franchisee's location under a branded management structure","persona-franchise-applicant",[224,227,230,233,237,241,244],{"situation":225,"recommended_template":54,"slug":226},"Managing a residential or commercial rental property","property-management-agreement-D1196",{"situation":228,"recommended_template":62,"slug":229},"Operating a hotel or resort on behalf of the property owner","hotel-management-agreement-D13984",{"situation":231,"recommended_template":42,"slug":232},"Managing an investment fund or client portfolio","investment-management-agreement-D13990",{"situation":234,"recommended_template":235,"slug":236},"Running a business while the owner retains equity","Business Management Agreement","business-management-D12895",{"situation":238,"recommended_template":239,"slug":240},"Short-term or interim management during a transition period","Interim Management Agreement","exclusive-management-agreement-D12826",{"situation":242,"recommended_template":243,"slug":240},"Managing a homeowners' or condo association","HOA Management Agreement",{"situation":245,"recommended_template":78,"slug":246},"Providing management services as a contractor rather than an employee","management-services-agreement-D551",[248,251,254,257,260,263,266,269,272,275,278,281],{"term":249,"definition":250},"Manager","The party appointed under the agreement to operate or manage the business, property, or asset on the owner's behalf.",{"term":252,"definition":253},"Owner","The party that retains title or beneficial ownership and delegates operational control to the manager.",{"term":255,"definition":256},"Scope of Authority","The defined range of decisions and actions the manager is permitted to take independently, without requiring owner approval.",{"term":258,"definition":259},"Base Management Fee","A fixed or percentage-based recurring fee paid to the manager for ongoing operational services, regardless of financial performance.",{"term":261,"definition":262},"Incentive Fee","Additional compensation paid to the manager when performance exceeds agreed benchmarks — typically expressed as a percentage of profit or revenue above a threshold.",{"term":264,"definition":265},"Operating Budget","A forward-looking schedule of projected revenues and expenses for the managed asset, typically prepared by the manager and approved by the owner annually.",{"term":267,"definition":268},"Reserved Matters","Decisions that fall outside the manager's authority and require explicit owner approval — such as capital expenditures above a threshold, major contracts, or disposal of assets.",{"term":270,"definition":271},"Performance Benchmark","A measurable target — occupancy rate, NOI, revenue per available room, or return on assets — against which the manager's performance is evaluated.",{"term":273,"definition":274},"Gross Operating Profit (GOP)","Total revenue from the managed asset minus direct operating expenses, before management fees, financing costs, and depreciation — a common basis for incentive fee calculations.",{"term":276,"definition":277},"Termination for Cause","The owner's right to end the agreement immediately, without payment of a termination fee, upon specified manager defaults — such as fraud, gross negligence, or material breach.",{"term":279,"definition":280},"Transition Assistance","The outgoing manager's contractual obligation to cooperate with the owner or a successor manager during the handover period, including transferring records, contracts, and access.",{"term":282,"definition":283},"Indemnification","A clause under which one party agrees to compensate the other for specified losses, claims, or liabilities arising from the indemnifying party's acts or omissions.",[285,290,295,300,305,310,315,320,325,330],{"name":286,"plain_english":287,"sample_language":288,"common_mistake":289},"Appointment and scope of authority","Formally appoints the manager and defines the full scope of their operational authority — what they can do independently and what requires owner sign-off.","Owner hereby appoints Manager as the exclusive manager of [PROPERTY / BUSINESS NAME] commencing [START DATE]. Manager shall have authority to take all actions reasonably necessary to operate the [ASSET] in the ordinary course of business, except for Reserved Matters set out in Schedule A.","Leaving 'ordinary course of business' undefined — managers and owners disagree on what it covers, leading to disputes over unauthorized spending or contracts.",{"name":291,"plain_english":292,"sample_language":293,"common_mistake":294},"Management fees and expenses","States the base management fee (fixed or percentage), any incentive fee formula, and which operating expenses the manager can incur and seek reimbursement for.","Owner shall pay Manager a base management fee of [X]% of Gross Revenue per month, payable within [15] days of month-end. Manager is eligible for an incentive fee of [X]% of GOP above $[THRESHOLD] per operating year. Reimbursable expenses are limited to those pre-approved in the Operating Budget.","Omitting a cap on reimbursable expenses. Without a ceiling, managers can pass through costs the owner did not anticipate and has no contractual basis to refuse.",{"name":296,"plain_english":297,"sample_language":298,"common_mistake":299},"Operating budget and reporting","Requires the manager to prepare an annual operating budget for owner approval and to deliver regular financial and operational reports.","Manager shall submit a proposed Operating Budget for each calendar year no later than [DATE] for Owner's approval. Manager shall deliver monthly management reports within [10] business days of month-end, including a P&L, occupancy report, and variance analysis against budget.","No consequence if the manager fails to deliver reports on time. Add a cure period and a right to withhold the management fee until reporting is current.",{"name":301,"plain_english":302,"sample_language":303,"common_mistake":304},"Reserved matters and owner approval rights","Lists the specific decisions that are outside the manager's authority and must be escalated to the owner — protecting the owner from material commitments made without consent.","Manager shall not, without prior written Owner approval: (a) enter any contract with a value exceeding $[AMOUNT]; (b) incur capital expenditures above $[AMOUNT] per item; (c) hire or terminate senior staff above [TITLE LEVEL]; or (d) commence, settle, or abandon any litigation.","Setting the reserved-matters threshold too high for small assets. A $50,000 contract approval threshold that makes sense for a hotel is excessive for a single-family rental.",{"name":306,"plain_english":307,"sample_language":308,"common_mistake":309},"Performance standards and benchmarks","Sets measurable targets the manager must meet and specifies what happens — cure period, fee reduction, or termination right — if performance falls short.","Manager shall maintain an average annual occupancy rate of not less than [X]% and a GOP margin of not less than [X]%. If Manager fails to meet either benchmark for [2] consecutive operating years, Owner may terminate this Agreement on [90] days' written notice without payment of a termination fee.","Using benchmarks without defining how they are measured. Specify the data source (STR report, audited accounts) and the measurement period to prevent disputes over the numbers.",{"name":311,"plain_english":312,"sample_language":313,"common_mistake":314},"Intellectual property and brand usage","Governs the manager's right to use the owner's trademarks, branding, and systems — and the owner's right to use the manager's brand and operating systems if the manager is a branded operator.","Owner grants Manager a limited, non-exclusive license to use Owner's marks solely in connection with operating [ASSET] during the Term. All goodwill arising from such use accrues to Owner. Manager's proprietary operating systems and brand standards remain the sole property of Manager.","No clause addressing what happens to brand-related digital assets (domain names, social accounts) on termination — they should revert to the owner automatically.",{"name":316,"plain_english":317,"sample_language":318,"common_mistake":319},"Confidentiality","Prevents the manager from disclosing the owner's financial data, tenant information, operating results, and business strategy to third parties during and after the agreement.","Manager shall not disclose or use any Confidential Information of Owner except as necessary to perform Manager's obligations under this Agreement. 'Confidential Information' includes financial statements, tenant or client data, operating strategies, and any information designated as confidential in writing.","No carve-out for disclosures required by law or regulation. Without it, the confidentiality clause can conflict with the manager's statutory reporting obligations.",{"name":321,"plain_english":322,"sample_language":323,"common_mistake":324},"Liability limitation and indemnification","Allocates liability between owner and manager — typically the manager is not liable for ordinary business losses but is liable for gross negligence, fraud, or willful misconduct.","Manager shall not be liable to Owner for any loss, damage, or expense arising from the management of [ASSET] except to the extent caused by Manager's gross negligence, fraud, or willful misconduct. Owner shall indemnify Manager against third-party claims arising from the condition of [ASSET] or Owner's instructions, except where Manager is at fault.","Omitting minimum insurance requirements alongside the indemnity. If the manager is uninsured and causes a major loss, the indemnity is only as good as the manager's balance sheet.",{"name":326,"plain_english":327,"sample_language":328,"common_mistake":329},"Term and termination","Sets the initial term, renewal mechanics, and the conditions under which either party can terminate — including termination for cause, for convenience, and on a performance trigger.","This Agreement commences on [START DATE] and continues for an initial term of [X] years, renewing automatically for successive [1]-year periods unless either party gives [90] days' written notice of non-renewal. Owner may terminate for Cause immediately on written notice. Owner may terminate for convenience on [180] days' written notice, subject to payment of a termination fee equal to [X] months' base management fees.","No termination-for-convenience right for the owner, or a termination fee so high it functions as a lock-in. Courts in some jurisdictions will void unconscionable lock-in provisions — a fee equivalent to the remaining term's fees is routinely challenged.",{"name":331,"plain_english":332,"sample_language":333,"common_mistake":334},"Transition and handover obligations","Requires the outgoing manager to cooperate with the owner or successor manager during the transition period — transferring records, accounts, contracts, keys, and access credentials.","Upon expiry or termination of this Agreement, Manager shall, within [30] days, deliver to Owner all books, records, contracts, keys, access codes, and software licenses relating to [ASSET]. Manager shall provide reasonable transition assistance for up to [60] days at Owner's reasonable request, at Manager's standard daily rate.","No defined timeline for the transition. Without a deadline, a departing manager can delay handover indefinitely, disrupting operations and new management onboarding.",[336,341,346,351,356,361,366,371],{"step":337,"title":338,"description":339,"tip":340},1,"Identify the parties and the managed asset","Enter the owner's and manager's full legal entity names, registered addresses, and the precise legal description or name of the business, property, or asset being managed.","Use the manager's registered corporate name — not a trading name — to ensure any non-compete or confidentiality obligations bind the right legal entity.",{"step":342,"title":343,"description":344,"tip":345},2,"Define the scope of management authority","List every category of action the manager is authorized to take independently — staffing, vendor contracts, marketing spend, maintenance — and attach a Schedule A detailing reserved matters that require owner approval.","Set reserved-matter financial thresholds proportionate to the asset size. A threshold of $5,000 per item works for a single rental unit; $50,000 is more appropriate for a commercial property.",{"step":347,"title":348,"description":349,"tip":350},3,"Set the fee structure with explicit formulas","Enter the base management fee as a percentage of gross revenue or a fixed monthly amount, define the incentive fee formula and the performance threshold it applies above, and list all expense categories eligible for reimbursement.","Cap total reimbursable expenses as a percentage of the operating budget to prevent cost overruns from eroding the owner's return.",{"step":352,"title":353,"description":354,"tip":355},4,"Specify operating budget and reporting requirements","State the date by which the manager must submit the annual operating budget for owner approval, and the frequency and content of management reports — monthly P&L, occupancy, variance, and capital expenditure tracking.","Include a provision allowing the owner to commission an independent audit no more than once per year at owner's cost. Audit rights deter misreporting and give you a remedy if numbers look off.",{"step":357,"title":358,"description":359,"tip":360},5,"Insert measurable performance benchmarks","Define at least two objective performance metrics — occupancy rate, NOI, GOP margin, or return on assets — and specify the data source, measurement period, and consequence for sustained underperformance.","Tie the performance trigger to two consecutive periods rather than one — a single bad year may be market-driven, not manager-driven.",{"step":362,"title":363,"description":364,"tip":365},6,"Calibrate the term and termination provisions","Set the initial term, auto-renewal period, notice period for non-renewal, termination-for-cause triggers, and the termination-for-convenience fee. Confirm the fee is proportionate — typically 3–6 months of base fees, not the full remaining term.","In jurisdictions where branded management agreements are common (hotels, serviced apartments), review whether the brand operator's standard form overrides your termination-for-convenience right — this is a frequent and costly surprise.",{"step":367,"title":368,"description":369,"tip":370},7,"Complete the transition and handover schedule","Specify the exact timeline for return of records, keys, accounts, and access credentials on termination, and the duration and rate for post-termination transition assistance.","Require the manager to maintain a live asset register of all software accounts, login credentials, and third-party contracts throughout the term — not just at handover.",{"step":372,"title":373,"description":374,"tip":375},8,"Execute before the manager takes operational control","Both parties must sign the agreement before the manager begins operating the asset. Post-commencement signatures may weaken enforceability of restrictive provisions in common-law jurisdictions.","For hotel or large-scale commercial management agreements, use a conditions-precedent clause — the agreement takes effect only when the owner has obtained financing approval, regulatory permits, or other specified conditions.",[377,381,385,389,393,397],{"mistake":378,"why_it_matters":379,"fix":380},"Undefined 'ordinary course of business' standard","Managers and owners consistently disagree on what this phrase covers — one party thinks a $30,000 maintenance contract is routine; the other does not. Disputes over unauthorized actions are the most common source of management agreement litigation.","Replace the phrase with a specific list of permitted actions and a financial threshold. Anything above the threshold requires written owner approval.",{"mistake":382,"why_it_matters":383,"fix":384},"No performance benchmarks or cure period","Without measurable targets and a defined underperformance remedy, the owner has no contractual basis to terminate a consistently poor manager without paying a full termination fee.","Insert at least two objective benchmarks — occupancy rate and NOI, for example — with a 90-day cure period and a performance-trigger termination right if targets are missed for two consecutive periods.",{"mistake":386,"why_it_matters":387,"fix":388},"Termination fee equal to the full remaining term","Courts in several jurisdictions have treated excessively high termination fees as penalty clauses and voided them, leaving the owner with no clear exit right and extended litigation.","Cap the convenience termination fee at 3–6 months of base management fees and document the commercial rationale for that amount in the agreement recitals.",{"mistake":390,"why_it_matters":391,"fix":392},"No transition obligations or timeline","A departing manager who is not contractually required to hand over records, accounts, and access credentials can delay the transition for months, causing operational disruption and revenue loss.","Add a transition clause specifying a 30-day handover deadline, a detailed list of items to be returned, and a daily fee for transition assistance that incentivizes the outgoing manager to cooperate.",{"mistake":394,"why_it_matters":395,"fix":396},"Omitting insurance requirements","An indemnification clause is only enforceable to the extent the indemnifying party can pay. An uninsured manager who causes a major loss leaves the owner holding the liability.","Require the manager to maintain minimum coverage levels — general liability, errors and omissions, and workers' compensation — and to name the owner as an additional insured. Request proof of coverage annually.",{"mistake":398,"why_it_matters":399,"fix":400},"No owner audit right","Without a contractual right to inspect books and records, owners have no practical mechanism to verify that fee calculations, expense reimbursements, and revenue figures are accurate.","Include a clause granting the owner the right to commission an independent audit of management accounts once per calendar year at the owner's cost, with the manager bearing audit costs if material discrepancies are found.",[402,405,408,411,414,417,420,423,426,429],{"question":403,"answer":404},"What is a management agreement?","A management agreement is a legally binding contract under which one party (the manager) is engaged to operate or manage a business, property, or asset on behalf of another (the owner). It defines the manager's scope of authority, fee structure, performance obligations, reporting requirements, and the conditions under which either party may terminate the arrangement. It is distinct from an employment contract because the manager typically operates as an independent entity rather than an employee.\n",{"question":406,"answer":407},"What should a management agreement include?","A complete management agreement covers the appointment and scope of authority, management fees (base and incentive), reimbursable expenses, operating budget and reporting obligations, reserved matters requiring owner approval, performance benchmarks, intellectual property and brand usage, confidentiality, liability and indemnification, insurance requirements, term and termination provisions, and transition obligations. Missing any of these creates gaps that courts fill with jurisdiction-specific defaults, often unfavorable to the owner.\n",{"question":409,"answer":410},"What is the difference between a management agreement and an employment contract?","An employment contract engages an individual as an employee, with all the statutory entitlements that follow — notice, benefits, tax withholding, and labor law protections. A management agreement engages a separate legal entity or self-employed individual to manage an asset or business, typically on a principal-to-principal basis. Misclassifying a managed relationship as independent when it functions as employment can trigger significant tax and labor liability in most jurisdictions.\n",{"question":412,"answer":413},"How are management fees typically structured?","Most management agreements combine a base fee — commonly 3–10% of gross revenue for real estate and 1–2% of assets under management for investment mandates — with an incentive fee tied to performance above a benchmark. Hotel management agreements often use a two-tier structure: a base fee of 2–4% of gross revenue plus an incentive fee of 8–12% of GOP above an owner's priority return. The exact structure depends heavily on the asset type, market norms, and the manager's track record.\n",{"question":415,"answer":416},"Can an owner terminate a management agreement early?","Yes, but the right and its cost depend on what the agreement says. Most agreements include a termination-for-cause right (immediate, no fee) and a termination-for-convenience right (advance notice plus a termination fee, typically 3–6 months of base fees). Some branded hotel management agreements restrict or eliminate the owner's convenience termination right entirely — a significant risk that owners should negotiate before signing. Courts in several jurisdictions will void termination fees that function as penalties rather than genuine pre-estimates of loss.\n",{"question":418,"answer":419},"What are 'reserved matters' in a management agreement?","Reserved matters are decisions that fall outside the manager's delegated authority and require explicit owner approval before the manager can act. Typical reserved matters include capital expenditures above a specified threshold, contracts above a specified value, hiring or terminating senior staff, commencing or settling litigation, and disposing of or encumbering assets. A well-drafted reserved-matters schedule is one of the most important protections for the owner against unauthorized commitments.\n",{"question":421,"answer":422},"What performance benchmarks are common in management agreements?","Real estate agreements commonly use occupancy rate, net operating income (NOI), and gross rent collected versus projected. Hotel agreements use revenue per available room (RevPAR), GOP margin, and owner's priority return. Investment management agreements use return on assets, tracking error against a benchmark index, or IRR targets. The choice of benchmark and measurement period should be negotiated carefully — benchmarks that are too easily met provide no protection; benchmarks that are impossible to meet in a down market can expose the owner to wrongful-termination claims.\n",{"question":424,"answer":425},"Is a management agreement enforceable without a lawyer?","A well-structured template is generally enforceable when properly executed by both parties before the management relationship begins. However, management agreements for large-scale assets — hotels, commercial portfolios, or regulated investment funds — involve significant financial exposure and jurisdiction-specific regulations that make professional legal review worthwhile. At minimum, consider a lawyer review before signing any agreement with a term exceeding two years, a termination fee above $50,000, or a manager with its own standard-form contract.\n",{"question":427,"answer":428},"What happens to the management agreement if the owner sells the asset?","The answer depends on the agreement's assignment clause. Most management agreements bind a buyer if the manager does not consent to termination on sale — a significant encumbrance that can reduce the asset's value or complicate a transaction. Owners should negotiate a change-of-control termination right that allows the agreement to be ended on asset sale, subject to a reasonable notice period or fee. Branded hotel management agreements are particularly notorious for running with the property and binding new owners.\n",{"question":430,"answer":431},"What governing law should a management agreement use?","Typically, the law of the jurisdiction where the managed asset or business is located. For real estate management, use the law of the state or province where the property sits — local courts are more familiar with local property and landlord-tenant law. For investment management, the domicile of the fund or investment vehicle is usually the governing jurisdiction. Choosing a governing law with no connection to the asset or the parties can result in courts applying local law regardless of the contractual choice.\n",[433,437,441,445],{"industry":434,"icon_asset_id":435,"specifics":436},"Real Estate","industry-real-estate","Property managers operate rental income assets on behalf of investors; fee structures tied to gross rents collected, with strict reserved-matter thresholds for capital expenditure and lease approvals.",{"industry":438,"icon_asset_id":439,"specifics":440},"Hospitality and Hotels","industry-hospitality","Branded operators manage hotels under two-tier fee structures tied to gross revenue and GOP; brand standards and IP licensing require dedicated clauses, and change-of-control termination rights are heavily negotiated.",{"industry":442,"icon_asset_id":443,"specifics":444},"Financial Services and Asset Management","industry-fintech","Investment managers require regulatory authorization under applicable securities law (SEC, FCA, IIROC); fee disclosure, fiduciary duty, and conflicts-of-interest provisions are mandatory and closely scrutinized by regulators.",{"industry":446,"icon_asset_id":447,"specifics":448},"Private Equity and Business Ownership","industry-private-equity","Management agreements between sponsors and portfolio company management teams govern operational authority, reporting to the board, incentive arrangements, and removal rights tied to performance or change of control.",[450,453,456,460],{"vs":54,"vs_template_id":451,"summary":452},"property-management-agreement-D13645","A property management agreement is a specialized form of management agreement focused exclusively on real estate — residential, commercial, or mixed-use. It adds landlord-tenant law compliance, rent collection mechanics, and maintenance vendor management. Use a property management agreement for pure real estate mandates; use a general management agreement when the scope extends beyond property operations to include business management or asset portfolio oversight.",{"vs":87,"vs_template_id":454,"summary":455},"independent-contractor-agreement-D160","An independent contractor agreement engages an individual or firm for defined project-based or ongoing services without operational control over an asset or business. A management agreement delegates broad operational authority, including the power to bind the owner to contracts and employ staff. If the manager has authority to act on the owner's behalf in commercial dealings, a management agreement is the appropriate document.",{"vs":457,"vs_template_id":458,"summary":459},"Employment Contract","employment-agreement_at-will-employee-D541","An employment contract governs the relationship between employer and individual employee, with statutory entitlements including notice, benefits, and labor law protections. A management agreement governs a principal-to-principal commercial relationship between two entities. Using a management agreement to disguise what is functionally an employment relationship risks misclassification liability — back taxes, benefit obligations, and penalties in most jurisdictions.",{"vs":100,"vs_template_id":461,"summary":462},"joint-venture-agreement-D167","A joint venture agreement creates a shared enterprise in which both parties contribute capital or resources and share profits, losses, and decision-making. A management agreement preserves a clear owner-manager hierarchy — the owner retains title and residual control; the manager earns fees. When the manager is also taking an equity stake or sharing in profits beyond a performance fee, a joint venture or partnership agreement may be more appropriate.",{"use_template":464,"template_plus_review":468,"custom_drafted":472},{"best_for":465,"cost":466,"time":467},"Standard residential property management, small business management, or asset mandates with straightforward fee structures and terms under two years","Free","30–60 minutes",{"best_for":469,"cost":470,"time":471},"Commercial property, multi-asset portfolios, hotel management, or any agreement with a termination fee above $25,000 or a term exceeding three years","$500–$1,500","3–5 days",{"best_for":473,"cost":474,"time":475},"Branded hotel management agreements, regulated investment management mandates, cross-border management structures, or private equity management arrangements with equity components","$3,000–$10,000+","2–6 weeks",[477,482,487,492],{"code":478,"name":479,"flag_asset_id":480,"note":481},"us","United States","flag-us","Management agreements for real estate are primarily governed by state law; several states require property managers to hold a real estate broker's license. Investment management mandates require SEC registration as an investment adviser above specified AUM thresholds. Non-compete and non-solicit enforceability varies by state — California restricts post-agreement restraints significantly. Termination-fee clauses that function as penalties rather than liquidated damages are increasingly scrutinized by courts.",{"code":483,"name":484,"flag_asset_id":485,"note":486},"ca","Canada","flag-ca","Real estate management is provincially regulated; property managers in Ontario, BC, and Alberta require licensing under provincial real estate or condominium management legislation. Investment management requires registration with applicable provincial securities regulators (e.g., OSC, BCSC) or IIROC. Quebec-based agreements must be in French for provincially regulated entities. Common-law notice obligations apply if the agreement resembles an employment relationship despite its label.",{"code":488,"name":489,"flag_asset_id":490,"note":491},"uk","United Kingdom","flag-uk","Investment management firms must be authorized by the FCA under FSMA 2000; unauthorized investment management is a criminal offence. Property managers handling client money must comply with the RICS Code of Practice and maintain client money protection schemes. Post-termination restrictive covenants are enforceable if reasonable in scope and duration but are scrutinized carefully where the manager is a key individual rather than a corporate entity.",{"code":493,"name":494,"flag_asset_id":495,"note":496},"eu","European Union","flag-eu","Investment management within the EU is regulated under AIFMD for alternative funds and MiFID II for portfolio management services; passporting rights facilitate cross-border mandates. GDPR requires data processing agreements to be in place where the manager handles personal data of tenants, clients, or employees on the owner's behalf. Member states vary significantly on implied agency duties and the extent to which management fee structures must be disclosed to end investors or beneficiaries.",[226,454,498,458,499,500,501,502,503,504,505,506],"joint-venture-agreement-D889","non-disclosure-agreement-nda-D12692","service-agreement-D12711","consulting-agreement---long-D12543","general-power-of-attorney-D1037","llc-operating-agreement-D5209","adhesion-to-the-unanimous-shareholder-agreement-D848","asset-purchase-agreement-for-a-retail-business-D931","general-non-compete-agreement-D882",{"emit_how_to":174,"emit_defined_term":174},{"primary_folder":109,"secondary_folder":509,"document_type":510,"industry":511,"business_stage":512,"tags":513,"confidence":519},"services-and-consulting","agreement","general","all-stages",[514,515,516,517,518],"contract","legal","operations","management-agreement","services",0.95,"\u003Ch2>What is a Management Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Management Agreement\u003C/strong> is a legally binding contract under which one party — the \u003Cstrong>manager\u003C/strong> — is appointed to operate or manage a business, property, or asset on behalf of another — the \u003Cstrong>owner\u003C/strong> — who retains title and ultimate control. It defines precisely how much authority the manager holds, how they are compensated, what performance they must deliver, and how either party can exit the arrangement. Unlike a simple service contract, a management agreement typically grants the manager broad operational decision-making rights, including the power to bind the owner to third-party contracts, employ staff, and spend against an approved budget — making the allocation of authority and liability the document's most critical function.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a written management agreement, operational disputes are almost inevitable. Managers act on what they believe they are authorized to do; owners discover commitments they never approved. Fee disagreements arise when the basis for calculating management fees was never precisely defined. A manager who underperforms has no contractual benchmark to be measured against, and an owner who wants to exit faces no clear mechanism or cost. The financial consequences of an undocumented or poorly drafted management arrangement can be severe: unauthorized contracts that bind the owner, termination disputes running to months of unpaid fees, and a departing manager with no legal obligation to return records or assist with transition. This template gives owners a structured, enforceable framework — covering scope, fees, performance, reserved matters, and exit — before the manager takes a single operational step.\u003C/p>\n",1781186005824]