Before taking steps to terminate the agreement (except termination of any cause) to avoid termination, the company will endeavour, in good faith, to agree with the agent on a written rehabilitation plan for a period of one year or more. This agreement should specify what the agent should do to avoid termination and how the company intends to help the agent avoid resigning. Agency agreements have come a long way since the ILO issued the “minimum criteria for updating agency agreements” in 1968. Many contractual protection provisions, which were unknown in those dark years, are now a boiler plate for most agency contracts. Despite this progress, the Committee sees two trends to date. The work of the agency contracts committee will continue. Through this guide and the contract seminars that the Agents Committee organizes across the country, the Committee continues its crusade to train agents to ask their companies for fair agency agreements. A. The parties agree that the amendments to this agreement, including the amendments to the commissions, will be mutually agreed, supported by a written agreement signed by both parties, and each party also undertakes to negotiate in good faith with the other party the continuation of these amendments and amendments. The Committee has long supported fixed-term contracts, with rollover rules that cannot be terminated by the company. B, except for reasons (for example, loss of license). This type of agency agreement corrects the critical weakness of most agency agreements today, which is the right of the company to terminate the indicated notification as it sees fit. Businesses consistently require notification of the representative`s intention to sell, assign or transfer their agency, and the committee recommends reporting it where reasonably possible.
Some companies require up to ninety (90) days` notice that could disrupt or stop a planned sale or acquisition, particularly if the value of the business is affected by the company`s refusal to name the potential purchaser. If there is a provision for termination of the contract, if the agent owes money to the company, a language should be inserted that gives the agent written notice of how much the business owes the business. The agent must then be provided with a reasonable time (recommended 10 days) to cure the standard before termination. Routine accounting errors made by the agent and legitimate disputes between the agent and the company over the amounts due should not trigger the determination of termination. The Independent Agent`s “Agency Enterprise Agreements Checklist” was first published in 1978 as the Guide to Agency Company Agreements and revised in 1981 and 1985. The Agency Contracts Committee of the Independent Insurance Agents of America, Inc. decided it was time to take a look at the agency`s enterprise agreements, as this is a dynamic area where contractual provisions are changing, due to new problems and conflicts in the relationship between the agency and businesses. The Committee remains firmly committed to the inclusion of an arbitration clause in all agency contracts. The inclusion of an arbitration provision is important to provide a fair and objective means of resolving treaty disputes.