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Personal Management Agreement for Germany

Personal Management Agreement Template for Germany

A Personal Management Agreement under German law (governed by the German Civil Code - BGB) is a comprehensive legal document that establishes and regulates the professional relationship between a personal manager and their client. The agreement outlines the scope of management services, compensation structure, duties and obligations of both parties, and terms of representation. It incorporates specific provisions to comply with German legal requirements, including data protection under GDPR, commercial agency regulations under HGB, and relevant tax considerations under German law. The document serves as the foundation for the business relationship, providing clear guidelines for career management, financial arrangements, and dispute resolution.

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What is a Personal Management Agreement?

The Personal Management Agreement is essential for formalizing professional representation relationships in Germany. It is typically used when an individual or artist seeks professional management for their career development, business affairs, and professional opportunities. The agreement, governed by German law, particularly the Civil Code (BGB) and Commercial Code (HGB), details the manager's authority to act on behalf of the client, negotiate contracts, and manage various aspects of the client's professional life. It includes crucial elements such as commission structures, scope of services, exclusivity provisions, and termination rights. This document is particularly important in industries where professional representation is common, such as entertainment, sports, and media, but can be adapted for any professional requiring personal management services. The agreement must comply with German legal requirements regarding agency relationships, data protection, and commercial law while protecting both parties' interests.

What sections should be included in a Personal Management Agreement?

1. Parties: Identification of the Manager and the Client/Talent with full legal names and addresses

2. Background: Context of the agreement, including the Client's profession and the Manager's expertise

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Territory', 'Gross Earnings', etc.

4. Appointment and Term: Formal appointment of the Manager and duration of the agreement, including renewal terms

5. Manager's Services and Obligations: Detailed description of services to be provided by the Manager, including career guidance, negotiation, and promotion

6. Client's Obligations: Client's commitments and responsibilities, including cooperation and information sharing

7. Compensation and Commission: Manager's fees, commission structure, payment terms, and calculation methods

8. Accounting and Payments: Procedures for financial reporting, payment timing, and audit rights

9. Representations and Warranties: Standard assurances from both parties regarding capacity and authority

10. Termination: Circumstances and procedures for ending the agreement, including notice periods

11. Post-Termination: Rights and obligations that survive after agreement termination

12. Confidentiality: Protection of confidential information and trade secrets

13. Notices: Communication procedures and contact details for official notices

14. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Personal Management Agreement?

1. Power of Attorney: Specific authorization for Manager to act on Client's behalf - used when Manager needs legal authority to sign contracts

2. Exclusivity: Terms making the management relationship exclusive - used for high-profile clients or full-service management

3. International Services: Provisions for management services outside Germany - included when Client works internationally

4. Key Person Provisions: Identifying specific manager(s) who must provide the services - used when Client requires service from particular individuals

5. Image Rights: Management of Client's image and publicity rights - important for entertainment industry clients

6. Social Media Management: Terms regarding management of Client's social media presence - relevant for public figures

7. Non-Compete: Restrictions on Manager's ability to represent competing clients - used in specialized industries

8. Force Majeure: Provisions for unforeseeable circumstances - particularly relevant post-COVID

What schedules should be included in a Personal Management Agreement?

1. Schedule A - Services: Detailed list of management services to be provided

2. Schedule B - Commission Structure: Detailed breakdown of commission rates for different types of earnings

3. Schedule C - Approved Expenses: List of pre-approved expenses that Manager can incur on Client's behalf

4. Schedule D - Existing Commitments: List of Client's pre-existing contracts and commitments

5. Appendix 1 - Power of Attorney Form: Standard form for executing power of attorney if required

6. Appendix 2 - Reporting Template: Standard format for regular financial and activity reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use

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