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Business Management Agreement Template for New Zealand

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Key Requirements PROMPT example:

Business Management Agreement

"I need a Business Management Agreement for my retail chain in Auckland, where I'm appointing ABC Management Ltd to handle operations across 5 stores from March 2025, with specific focus on inventory management and staff supervision."

Document background
The Business Management Agreement is a crucial document used when a business entity in New Zealand seeks to delegate management responsibilities to professional managers or management companies. This agreement is particularly relevant for businesses looking to bring in external expertise, implement professional management structures, or establish clear operational parameters for internal management arrangements. It comprehensively addresses key aspects such as scope of services, authority levels, performance metrics, reporting requirements, and commercial terms, while ensuring compliance with New Zealand's legal framework. The document is designed to protect both parties' interests while facilitating efficient business operations and clear accountability structures.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement, including brief description of the business and management arrangement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Appointment and Term: Establishes the formal appointment of the manager and duration of the agreement

5. Scope of Services: Detailed description of management services to be provided

6. Manager's Authority: Defines the extent and limitations of the manager's decision-making power

7. Duties and Responsibilities: Outlines specific obligations of the manager in performing the services

8. Client's Obligations: Details the responsibilities and obligations of the business owner/client

9. Fees and Payment Terms: Specifies management fees, payment schedule, and related financial terms

10. Reporting and Performance Monitoring: Sets out reporting requirements and performance evaluation criteria

11. Confidentiality: Provisions protecting confidential information of both parties

12. Intellectual Property: Addresses ownership and use of intellectual property

13. Liability and Indemnification: Establishes liability limits and indemnification obligations

14. Termination: Details circumstances and procedures for ending the agreement

15. Post-Termination Obligations: Specifies obligations that survive termination

16. General Provisions: Standard legal clauses including notices, assignment, governing law, etc.

Optional Sections

1. Non-Compete and Non-Solicitation: Restrictions on competitive activities and solicitation of employees/clients, used when protecting business interests is crucial

2. Force Majeure: Provisions for unforeseen circumstances, important in long-term management relationships

3. Insurance: Specific insurance requirements, used when significant risk management is needed

4. Dispute Resolution: Detailed dispute resolution procedures, recommended for high-value or complex arrangements

5. Compliance with Laws: Specific regulatory compliance obligations, important in heavily regulated industries

6. Business Continuity: Provisions for business continuation during emergencies, important for critical business operations

7. Data Protection: Detailed data handling requirements, necessary when significant personal data processing is involved

8. Change Control: Procedures for making changes to services or terms, useful in complex or long-term arrangements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed breakdown of management services and deliverables

2. Schedule 2 - Fee Structure: Detailed fee calculations, incentives, and payment terms

3. Schedule 3 - Key Performance Indicators: Specific performance metrics and evaluation criteria

4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports

5. Schedule 5 - Authorized Representatives: List of key contacts and their authority levels

6. Schedule 6 - Operating Procedures: Detailed operational processes and procedures

7. Appendix A - Compliance Requirements: Specific regulatory or industry compliance requirements

8. Appendix B - Service Level Agreement: Detailed service standards and response times

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses



































Relevant Industries

Professional Services

Retail

Hospitality

Manufacturing

Technology

Healthcare

Real Estate

Construction

Education

Financial Services

Tourism

Agriculture

Transport and Logistics

Relevant Teams

Legal

Operations

Executive Leadership

Risk and Compliance

Finance

Human Resources

Business Development

Corporate Affairs

Administration

Strategy

Relevant Roles

Chief Executive Officer

Managing Director

Chief Operating Officer

Business Owner

Operations Manager

General Manager

Business Development Manager

Executive Director

Management Consultant

Company Secretary

Legal Counsel

Risk Manager

Compliance Officer

Board Member

Department Head

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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