Travel Agent Independent Contractor Agreement | Sub-Agent Contract

If you are adding independent travel advisors to your agency — whether they are home-based sub-agents, part-time agents, or full-time independent professionals operating under your umbrella — the relationship needs to be documented before the first booking is made. The travel agent independent contractor agreement for sub-agents is specifically designed for the sub-agent model: where an independent travel advisor works under your agency’s host agency credentials, uses your supplier relationships and booking tools, and shares in the commissions earned on bookings.

What Makes a Sub-Agent Agreement Different

The sub-agent relationship is more specific than a general independent contractor arrangement. A sub-agent works within your agency’s existing infrastructure — your IATA or host agency credentials, your supplier contracts, your booking systems. That shared infrastructure creates unique questions that a general IC agreement does not address: Who owns the clients the sub-agent services? What happens to pending bookings if the relationship ends? What restrictions apply to how the sub-agent uses your agency’s credentials?

This agreement addresses all of those questions with language specific to the travel industry and the sub-agent model, giving you complete documentation of every critical element of the relationship.

What This Agreement Covers

Independent Contractor Status and IRS Compliance

This agreement establishes the sub-agent as an independent contractor — not an employee. It reflects the behavioral, financial, and relationship characteristics of a genuine IC arrangement, which is important for both IRS compliance and for defining the nature of the working relationship. The sub-agent is responsible for their own taxes, business expenses, and professional development.

Commission Split Structure and Payment Terms

This agreement documents the commission split between your agency and the sub-agent: what percentage of supplier commissions the sub-agent retains, what fees or overhead charges the agency deducts, and when commissions are paid. This is typically the most negotiated element of any sub-agent relationship, and documenting it clearly prevents the disputes about commission calculations that are among the most common in agency-contractor relationships.

Use of Agency Credentials, Systems, and Tools

The sub-agent’s authority to use your agency’s host agency credentials, booking systems, and supplier access is explicitly granted and limited in this agreement. It defines what the sub-agent is authorized to book, what systems they may access, and what restrictions apply to how they represent themselves as part of your agency. This prevents unauthorized use of your credentials and protects your agency’s supplier relationships.

Client Ownership and Booking Rights

One of the most critical — and most contested — elements of any sub-agent relationship is who owns the client. This agreement addresses that question directly: whether the client belongs to the agency, the sub-agent, or is jointly held; what rights the sub-agent has to take those clients if the relationship ends; and how the transition of client relationships is handled upon termination. Getting this language right is essential to protecting your agency’s long-term revenue.

Non-Solicitation and Post-Termination Restrictions

This agreement includes non-solicitation provisions that prevent a departing sub-agent from directly soliciting your agency’s clients or recruiting your other staff or contractors. The restrictions apply for a defined period after the relationship ends and are limited to clients the sub-agent actually worked with — the standard for enforceability in most jurisdictions.

Termination and Transition Procedures

This agreement establishes clear termination procedures: the notice required from either party, how pending bookings are handled, how earned commissions are paid after termination, and what agency materials must be returned. A clean termination framework prevents the messy, disputed endings that are unfortunately common in undocumented sub-agent relationships.

Who Should Use This Agreement

Every travel agency owner who works with independent sub-agents operating under their credentials needs this agreement in place before the first booking. If you currently have sub-agents working with you without a signed agreement, addressing that gap should be your immediate priority.

Frequently Asked Questions

What is the difference between this agreement and the standard Independent Contractor Agreement?

The sub-agent agreement is specifically tailored to the sub-agent model — where the contractor works under your agency's host agency credentials and within your existing supplier relationships. The standard IC agreement is a broader form covering general IC arrangements. If your contractors use your agency's credentials and booking systems, use the sub-agent agreement.

Should I have sub-agents sign this agreement before they attend any training?

Yes. The agreement should be signed before the sub-agent receives any training, accesses your systems, or makes any bookings under your credentials. Waiting until after onboarding creates a situation where the sub-agent has received value from the relationship without the protections of a signed agreement.

What happens to a sub-agent's pending bookings if they decide to leave?

This agreement addresses pending bookings in the termination section, specifying how commissions on bookings made before termination will be handled, whether the sub-agent continues to service those bookings through departure, and what transition procedures apply. The specific terms are customizable — but documenting them in advance prevents what would otherwise be a very contentious issue.

Can I use this agreement with a sub-agent who works for another host agency?

If a sub-agent maintains their own separate host agency relationship, your agreement needs to clearly define which bookings are made under your credentials and which are not, and how the commission and client ownership terms apply to each category. In complex arrangements like this, consulting a travel industry attorney before finalizing the agreement is advisable.