Agency Agreement

This document can be used to create an Agency Agreement between two businesses. By signing the agreement, it will create a relationship of agency between the two businesses which means that one (the Agent) will act on behalf of the other (the Principal). This will allow an Agent to earn commission on sales of the Principal's goods.

The document can be amended to reflect differing commission rates, rights and duties as well as:

• exclusivity for the agent;

• defined territories in which the Agent will operate;

• exclusion of customers or customer types;

• responsibility for sales and marketing;

• agent expenses; and

• a need to meet minimum sales targets.

It should also be noted that there is a distinction between an agency relationship, contractor relationship and employment. However, the distinction can often be blurred and a court will determine whether a relationship falls into either an employment, contractor or agency relationship based on the reality of the situation, notwithstanding any documents that may describe the relationship otherwise. This may take into account factors including but not limited to the degree to which the principal can order the agent to undertake any action, work set hours and any regular payments which may fall outside the category of commission and may be considered a retainer or wage.

How this document is to be used

The document should be read carefully by both parties and where neither party understands a term of the agreement they should seek legal advice before signing. If the parties understand and accept the terms of the document they should sign two copies each, retaining one copy for their own records and giving the second copy to the other party. Where either party is a company or a partnership, a person with the authorisation to sign agreements on their behalf should be the signatory.

The signing of the document should also be witnessed by someone other than the parties to the agreement. The witness should sign the document and also provide their name in block capitals, their residential address, the place the they witnessed signing and the relevant date. The parties should also sign the schedule attached to the agreement.

Any Applicable Law

Commercial Agents Regulations 1993

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.