After presenting the parties to the agent agreement (the client and the agent), you can indicate the purpose of the agent agreement. For this part of the agreement, you must indicate the purpose of your agreement. Add the details in which the agent is required to follow the instructions provided by the customer. If you are the principal, you can see the similarities between this type of agreement and that of a power of attorney in which the relationship in which you engage is based on your trust that the agent will perform his duties in good faith. If you are the agent, an agency contract can serve you well, because this agreement also allows you to define your conditions, for example. B the right to do certain things and how much you are paid for it. While the use of agency contracts may have more advantages than disadvantages, it nevertheless involves risks. Liability is the obvious risk, like most other types of agreements. For example, you are the sponsor and your agent has signed a contract on your behalf without you being able to read the terms of the contract.
You are automatically responsible for the provisions signed by your agent. And in case your agent commits an illegal act, you will commit the same act as the sponsor, since your agent represents you. For this reason, it is important that you put in place clear and appropriate conditions that protect your interests as principals in the event of serious misconduct on the part of your agent. One thing you could do is make it clear that you are limiting your commitments if your agent has committed an act that is not expressly mentioned in the agreement. Before you start drafting your agency contract, you must first identify your goals. By deciding on the goals you want to achieve, you can easily create an agency contract specifically aimed at achieving such goals. You can also avoid many setbacks as best you can. While it should contain the terms that you and your agent have already agreed, it should also mention the goals you want to take away from this agreement. You can define them in the terms of the agreement. List general provisions such as circumstances of force majeure, confidentiality, applicable law and jurisdiction, modification and termination of the agreement.
They should also draw attention to specific and final provisions. In addition, many forms of agency are also affected by specific laws in Australia. For example, real estate agents, auctioneers, tax agents, financial agents, travel agencies, commercial agents, insurance agents and various other agents may be affected by sectoral laws at the state or Commonwealth level. 2. Don`t forget to sign and hold a copy of the agency contract. For the agency contract to be valid, be sure to insert spaces in which both parties can affix their signatures. And if you want a notary to attest to the signing of the contract, make sure you provide enough space for them to sign. An agency contract is different from an employment contract. The relationship between a client and an agent is different from that between an employer and an employee. It is important that the parties, when creating the agency relationship, do not create an employment relationship. In the case of an employment relationship, the employer has additional obligations such as work allowance, superannuation, annual leave, sick leave and long-term leave.
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