Who owns your clients? Reading the contract before you sign

Two years in, you have a few hundred clients who book with you because they trust you. Then you decide to move, and you discover that the client list belongs to the company you are leaving. It happens, and it is almost always legal, because you agreed to it in a document you skimmed.

This is the least glamorous part of choosing a host agency and the one with the longest tail. Here is what to look for and what the clauses mean in practice.

The three clauses that decide it

Data ownership

Somewhere in the agreement there will be a statement about who is the data controller for client records. If the company is the sole controller, the client database is theirs. You may have gathered every name in it, but you are processing that data on their behalf.

What you want to see is either joint control, or a clear statement that you may retain the contact details of clients you personally introduced. What you do not want is silence, because silence usually defaults to the company.

Non-solicitation

This restricts you from approaching clients after you leave, usually for a fixed period. Six to twelve months is common. Look at three things: how long it lasts, whether it covers all clients or only ones the company introduced to you, and whether it prevents you responding to a client who approaches you.

That last distinction matters more than people expect. A clause preventing you from contacting former clients is one thing. A clause preventing you from serving a client who tracks you down of their own accord is considerably more restrictive.

Bookings in flight

When you leave, you will have bookings made but not yet travelled. Who gets the commission on those. You did the work. Some agreements pay it, some forfeit it, some split it. Find the answer before you need it.

Why companies write it this way

It is worth being fair here. A host agency has a legitimate interest in the client relationship. They carry the financial protection, they hold the money in trust, and if a booking goes wrong after you have left, they are the ones fixing it. A company that let departing agents walk off with every client would struggle to operate.

So some restriction is reasonable. The question is whether it is proportionate. A twelve-month non-solicitation on clients the company introduced to you is defensible. A permanent restriction covering clients you brought in yourself, with no ability to even respond to them, is not really about protecting the business.

What to ask, in plain words

Do not ask "who owns the clients", because you will get a reassuring answer that means nothing. Ask these instead, and ask for the answers in writing.

If I leave, may I keep the contact details of clients I introduced myself?

If a former client contacts me directly after I have left, may I deal with them?

How long does the non-solicitation period run, and does it cover clients I brought with me when I joined?

What happens to commission on bookings I have made that have not yet travelled?

Am I named on the client's booking documentation, or is the company?

Any company confident in its offer will answer all five without difficulty. Hesitation is the signal.

If you are bringing clients with you

People moving from a high street agency or another host often arrive with an existing following. Two things to check.

First, whether your current agreement restricts you from taking them. It probably does, at least for a period. Read it before you resign rather than after.

Second, whether your new agreement treats clients you brought in differently from clients acquired while you are there. Some do, and it is worth having in writing that the people who followed you in can follow you out.

Our guide to switching host agencies covers the practical sequence.

Where we stand

Clients you introduce are yours. If you leave us, you take your client contacts with you, and there is no clause preventing a former client from booking with you afterwards.

You also trade under your own brand while you are here, with your own agent page, rather than under ours. That is deliberate. If the only reason an agent stays is that leaving would cost them their client base, we have built the wrong business. We would rather people stay because the 80% split and the support are worth staying for.

Bookings you have made that have not travelled are still yours, and commission on them is still paid.

Read our agreement before you join, not after. Start an application and ask for it, or book a call and go through the clauses with us.

Frequently asked questions

Can a host agency legally stop me contacting my own clients?

A non-solicitation clause can restrict you from approaching clients for a defined period after you leave, and UK courts will generally enforce one that is reasonable in scope and duration. Restrictions that are excessively long or broad are harder to enforce, but you do not want to be testing that in court. Read the clause before you sign.

Who is the data controller for my client records?

It depends entirely on the agreement, so check. Many host agencies are the sole controller, which means the client database is legally theirs even though you built it. Some allow joint control or let you retain contacts you introduced.

Do I get commission on bookings that have not travelled when I leave?

Sometimes. It varies between companies and it is one of the most commonly overlooked clauses. Ask directly and get the answer in writing.

Should I get a solicitor to read a host agency agreement?

For a rolling monthly membership with a short notice period, most people reasonably read it themselves. For a fixed-term franchise agreement involving several thousand pounds, an hour of a solicitor's time is cheap insurance.

Can I bring clients with me from my current agency?

Check your existing agreement first, because most restrict this for a period after you leave. Then check that your new agreement does not treat them the same way as clients you acquire later.