How should I negotiate termination terms in a management agreement?

Since you're still in the drafting stage, you have leverage to propose alternatives. Most contract provisions, including termination rights, are negotiable. If you'd prefer a fixed term over a performance-based termination clause, here are a few options parties often discuss:

• State your preference clearly: Let the other party know you want a fixed term and why you're uncomfortable with a performance-based exit option. Emphasize stability and long-term planning.
• Explain the benefits: A longer fixed term can give both sides predictability, a fair period for management to prove value, and continuity of service.
• Offer specific language: Instead of "either party may terminate if performance metrics are not met," propose language that specifies a minimum term and termination options that are mutually agreed on and beneficial to both parties. 
• Be ready to compromise: The other party may see value in having performance protections. You might want to propose changes to other parts of the contract — such as fees, reporting requirements, or renewal terms — to reach a fair balance.

The key is to approach the discussion with clear reasoning and a willingness to collaborate. This helps build trust while protecting your business interests.

What to consider in your specific situation

While these points apply generally, the right approach for your business will depend on your specific goals and the details of the agreement.

Here are a few reasons your case may be unique:

• The type of management services and how performance is typically measured in your industry.
• The exact wording of the draft termination clause and what triggers early exit.
• Applicable local or state contract laws that may limit or shape termination rights.
• The balance of bargaining power between your business and the management provider.
• The level of investment or reliance each party is making under the agreement.

Because agreements vary, you can use Rocket Copilot to get legal information about termination terms, or connect with a Legal Pro to learn more about options.