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Creative Retainer Agreement
"I need a Creative Retainer Agreement for my digital marketing agency to provide monthly social media content creation and graphic design services to a tech startup, with a minimum 12-month commitment starting January 2025 and including strict confidentiality provisions due to their pre-IPO status."
1. Parties: Identifies and provides full details of the service provider and client
2. Background: Explains the context of the agreement and the parties' intention to enter into a retainer arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Outlines the core creative services covered under the retainer
5. Retainer Terms: Details the monthly/periodic retainer amount, included hours/deliverables, and overflow rates
6. Service Delivery: Describes how services will be requested, delivered, and approved
7. Intellectual Property Rights: Establishes ownership and usage rights for all creative works produced
8. Payment Terms: Specifies payment schedule, methods, and handling of additional costs
9. Confidentiality: Defines confidential information and obligations regarding its protection
10. Term and Termination: States the agreement duration and conditions for termination
11. Client Obligations: Outlines client responsibilities including providing materials and feedback
12. Warranties and Indemnities: Contains service provider warranties and mutual indemnification provisions
13. General Provisions: Includes standard boilerplate clauses like notices, amendments, and governing law
1. Non-Compete: Include when the service provider should be restricted from working with competing clients
2. Service Level Agreement: Add for complex retainers requiring specific performance metrics and response times
3. Team Dedication: Include when specific team members are to be dedicated to the client's work
4. Client Reference Rights: Add when the service provider wants rights to use client as a reference
5. Data Protection: Include when personal data processing is involved in service delivery
6. Crisis Management: Add for retainers involving public-facing creative work that might require emergency responses
7. Subcontracting Rights: Include when the service provider may need to engage subcontractors
1. Schedule A - Scope of Services: Detailed breakdown of included creative services and deliverables
2. Schedule B - Fee Schedule: Comprehensive pricing including retainer fees, overflow rates, and additional costs
3. Schedule C - Service Level Requirements: Specific metrics, response times, and quality standards
4. Schedule D - Approved Team Members: List of key personnel assigned to the client's account
5. Schedule E - Client Brand Guidelines: Client's branding requirements and specifications
6. Appendix 1 - Request for Services Form: Template for requesting specific creative works under the retainer
7. Appendix 2 - Monthly Report Template: Format for reporting on retainer usage and deliverables
Authors
Advertising
Marketing
Digital Media
Entertainment
Publishing
E-commerce
Retail
Technology
Professional Services
Fashion
Consumer Goods
Hospitality
Real Estate
Financial Services
Non-profit Organizations
Legal
Marketing
Creative Services
Procurement
Operations
Business Development
Finance
Brand Management
Content Production
Design
Client Services
Contract Administration
Creative Director
Marketing Manager
Brand Manager
Procurement Manager
Legal Counsel
Business Development Manager
Account Manager
Operations Director
Chief Marketing Officer
Design Manager
Content Manager
Agency Owner
Freelance Designer
Creative Consultant
Contract Manager
Project Manager
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