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Endorsement Contract for Switzerland

Endorsement Contract Template for Switzerland

A Swiss law-governed endorsement agreement that establishes the legal framework for a commercial relationship between a company and an endorser (such as a celebrity, athlete, or influencer). The document outlines the terms and conditions under which the endorser will promote the company's products or services, including compensation, obligations, intellectual property rights, and compliance requirements. It incorporates specific Swiss legal considerations, particularly regarding personality rights protection under the Swiss Civil Code and commercial practices under the Federal Act on Unfair Competition, while ensuring compliance with Swiss data protection and advertising regulations.

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What is a Endorsement Contract?

This document serves as the primary legal instrument for establishing endorsement relationships under Swiss law. An Endorsement Contract is essential when a company seeks to leverage the reputation, influence, or expertise of a public figure to promote its products or services. The agreement addresses key aspects such as usage rights for the endorser's name and likeness, specific promotional obligations, compensation terms, and compliance with Swiss regulations. It's particularly important in Switzerland where personality rights enjoy strong protection and commercial practices are strictly regulated. The document includes specific provisions for content approval, morality clauses, and termination rights, while ensuring compliance with Swiss data protection laws and advertising standards. This type of agreement is commonly used across various industries, from consumer goods to financial services, and can be adapted to accommodate different forms of endorsement, from traditional advertising to digital and social media promotion.

What sections should be included in a Endorsement Contract?

1. Parties: Identification of the endorser (individual/celebrity/athlete) and the company seeking endorsement

2. Background: Context of the endorsement relationship and brief description of the parties' business/profile

3. Definitions: Key terms used throughout the agreement including 'Endorsement Services', 'Territory', 'Term', 'Products', 'Brand'

4. Scope of Endorsement: Detailed description of endorsement services, obligations, and authorized promotional activities

5. Term and Territory: Duration of the agreement and geographical scope of the endorsement

6. Endorser's Obligations: Specific duties, appearances, social media posts, usage of products, exclusivity requirements

7. Company's Obligations: Payment terms, product provision, support for endorsement activities

8. Intellectual Property Rights: Usage rights for name, image, likeness, and any trademarks

9. Approval Rights: Process for approving promotional materials and endorser's content

10. Morality and Compliance: Behavioral standards, compliance with laws and regulations, morality clause

11. Termination: Grounds for termination, notice periods, and consequences of termination

12. Confidentiality: Protection of confidential information and trade secrets

13. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement

What sections are optional to include in a Endorsement Contract?

1. Social Media Requirements: Detailed social media obligations and guidelines, used when digital presence is a significant part of the endorsement

2. Competition Restrictions: Additional exclusivity provisions, used when strict non-compete terms are required

3. Crisis Management: Procedures for handling public relations issues, used for high-profile endorsements

4. Performance Bonuses: Additional compensation based on achievements or metrics, used in sports endorsements

5. Insurance Requirements: Specific insurance obligations, used for high-risk endorsement activities

6. Content Creation: Detailed requirements for content creation, used when endorser is creating original content

What schedules should be included in a Endorsement Contract?

1. Schedule 1 - Compensation Structure: Detailed breakdown of fees, royalties, and payment schedules

2. Schedule 2 - Approved Products: List of products/services covered by the endorsement

3. Schedule 3 - Minimum Commitments: Specific number and types of appearances, posts, or other obligations

4. Schedule 4 - Approved Uses of Intellectual Property: Specific guidelines for using endorser's name, image, and likeness

5. Appendix A - Social Media Guidelines: Detailed social media requirements and best practices

6. Appendix B - Approval Process: Step-by-step process for content approval and timelines

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions

































Clauses






























Relevant Industries

Sports & Athletics

Entertainment

Consumer Goods

Fashion & Luxury

Technology

Food & Beverage

Automotive

Financial Services

Healthcare & Wellness

Telecommunications

Retail

Relevant Teams

Legal

Marketing

Brand Management

Public Relations

Compliance

Commercial

Business Development

Digital Marketing

Talent Relations

Sponsorship

Relevant Roles

Legal Counsel

Brand Manager

Marketing Director

Talent Relations Manager

Compliance Officer

Commercial Director

Business Development Manager

Sports Marketing Manager

Celebrity Relations Manager

Digital Marketing Manager

Public Relations Manager

Contract Administrator

Influencer Marketing Manager

Chief Marketing Officer

Sponsorship Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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