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Creative Agency Agreement
"I need a Creative Agency Agreement for a long-term partnership starting January 2025, where the agency will handle all our digital marketing and branding across Switzerland and neighboring EU countries, with strict data protection provisions and the ability to use multiple subcontractors."
1. Parties: Identification of the creative agency and the client, including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of creative services to be provided by the agency
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures
7. Intellectual Property Rights: Ownership and licensing of creative works, including transfer of rights
8. Confidentiality: Protection of confidential information and trade secrets
9. Client Obligations: Responsibilities of the client, including provision of materials and approvals
10. Agency Obligations: Core responsibilities and service standards of the agency
11. Approval Process: Procedures for submission, review, and approval of creative works
12. Warranties and Indemnities: Guarantees provided by both parties and protection against claims
13. Limitation of Liability: Extent and limitations of agency's liability
14. Force Majeure: Provisions for unforeseen circumstances affecting performance
15. General Provisions: Standard legal clauses including notices, amendments, and governing law
16. Signature Page: Execution section for both parties
1. Non-Compete: Restrictions on agency working with competing clients, used when exclusivity is required
2. Data Protection: Specific provisions for handling personal data, required when processing significant personal data
3. Key Personnel: Identification of essential team members, used when specific individuals are crucial to service delivery
4. Performance Metrics: Specific KPIs and performance standards, used in results-driven engagements
5. Subcontracting: Terms for engaging third-party contractors, needed when agency plans to outsource work
6. Insurance: Specific insurance requirements, important for high-value or high-risk projects
7. Change Control: Process for managing scope changes, useful for complex or long-term engagements
8. Dispute Resolution: Specific procedures for handling disputes, recommended for international clients
1. Schedule 1 - Scope of Work: Detailed breakdown of specific services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed pricing structure, including hourly rates and project-based fees
3. Schedule 3 - Service Level Agreement: Specific performance standards and response times
4. Schedule 4 - Brand Guidelines: Client's branding requirements and style guides
5. Schedule 5 - Key Personnel: Details of core team members and their roles
6. Schedule 6 - Approved Subcontractors: List of pre-approved third-party contractors
7. Appendix A - Project Brief Template: Standard format for requesting new work
8. Appendix B - Approval Form Template: Standard format for client approvals
Authors
Advertising and Marketing
Digital Media
Public Relations
Branding and Design
Entertainment
Technology
Retail
Fashion and Luxury
Financial Services
Consumer Goods
Telecommunications
Healthcare
Education
Non-profit Organizations
Real Estate
Professional Services
Legal
Marketing
Procurement
Finance
Operations
Communications
Brand Management
Creative Services
Project Management
Business Development
Compliance
Contract Administration
Chief Marketing Officer
Marketing Director
Brand Manager
Procurement Manager
Legal Counsel
Creative Director
Account Manager
Project Manager
Business Development Manager
Operations Director
Finance Director
Compliance Officer
Contract Manager
Agency Owner
Marketing Manager
Communications Director
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