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- Agency Agreements

An Agency Agreement is important to set out the powers an agent has and any limitations on those powers. Provided the agent acts within the scope of its authority, the agent will bind the principal. If the principal holds the agent out to have authority, then even if there is a limitation in the agency agreement, the principal will still be bound. An Agency Agreement should also set out the remuneration of the agent, the specific tasks the agent will perform and the term or period of the agency.

If the Principal’s business requires certain licences or certification (for example, pursuant to Federal or State laws), it may be appropriate to inquire whether the proposed Agent company has or can obtain the relevant licence or certification.

An Exclusive Agency Agreement is likely to be entered into generally in either of these situations:

• where the Principal does not wish to maintain rights to undertake the same services;
• where the Principal is prepared not to appoint another agency so long as certain milestones/KPIs/minimum service levels are met by the agent.

A Non-Exclusive Agency Agreement is likely to be entered into generally in either of these situations:

• where the Principal wishes to maintain rights to undertake the same services;
• where there is already another agency agreement in place; or
• where the Principal may wish to grant rights to another Agent concurrently.

There will be some situations (eg. Real estate agents) where there are statutory requirements governing the form and content of the Agency Agreement< and you should not use this template for those types of Agency Agreements.

Select an Agency Agreement Template to continue;

Agency Agreement Template (Non-Exclusive)

Agency Agreement Template (Exclusive)