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Endorsement Contract for Germany

Endorsement Contract Template for Germany

This document is a comprehensive endorsement agreement governed by German law, designed to establish and regulate the commercial relationship between a brand/company and an endorser (celebrity, athlete, or influencer). The agreement complies with German Civil Code (BGB) requirements and advertising regulations while addressing key aspects such as scope of services, usage rights, compensation, compliance with German advertising laws, and protection of both parties' interests. It includes specific provisions for digital media compliance under German law and incorporates necessary disclosure requirements as per German competition and advertising regulations.

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What is a Endorsement Contract?

The Endorsement Contract serves as a legally binding agreement under German law between a brand/company and an individual with public influence who will promote their products or services. This document is essential when engaging celebrities, athletes, or social media influencers for brand promotion in Germany, requiring careful attention to German advertising laws, competition regulations, and data protection requirements. The contract addresses crucial elements such as scope of endorsement, usage rights, compensation, compliance requirements, and termination provisions, while ensuring alignment with German legal frameworks including the Civil Code (BGB) and Unfair Competition Act (UWG). It's particularly important in today's digital marketing landscape where influencer marketing must comply with strict German disclosure requirements and advertising standards.

What sections should be included in a Endorsement Contract?

1. Parties: Identification of the contracting parties - the company/brand and the endorser

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

3. Definitions: Key terms used throughout the agreement, including 'Endorsed Products', 'Territory', 'Term', etc.

4. Appointment and Scope: Terms of endorser's appointment and scope of endorsement services

5. Endorser's Obligations: Core duties, appearance requirements, exclusivity provisions, and compliance obligations

6. Company's Obligations: Support, provision of products, approvals process

7. Compensation: Fee structure, payment terms, and any performance-based incentives

8. Intellectual Property Rights: Usage rights, licensing terms, and ownership of created content

9. Compliance Requirements: Advertising law compliance, disclosure requirements, and regulatory obligations

10. Term and Termination: Duration, renewal options, and termination provisions

11. Confidentiality: Protection of confidential information and trade secrets

12. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Endorsement Contract?

1. Social Media Provisions: Specific requirements for social media endorsements, including posting schedules and platform-specific guidelines

2. Morality Clause: Provisions regarding endorser's conduct and reputation protection

3. International Usage: Additional provisions for cross-border endorsement activities

4. Crisis Management: Procedures for handling negative publicity or controversies

5. Personal Appearance Schedule: Detailed terms for in-person appearances and events

6. Digital Content Creation: Specific provisions for creating and managing digital content

7. Performance Metrics: KPIs and measurement criteria for endorsement effectiveness

8. Talent Agency Provisions: Additional terms when working through a talent agency

What schedules should be included in a Endorsement Contract?

1. Schedule 1: Endorsed Products: Detailed list of products/services covered by the endorsement

2. Schedule 2: Compensation Details: Detailed breakdown of fees, royalties, and payment structures

3. Schedule 3: Approval Guidelines: Process and timeframes for content approval

4. Schedule 4: Usage Guidelines: Specific rules for using endorser's name, image, and likeness

5. Schedule 5: Content Calendar: Planned endorsement activities and deadlines

6. Appendix A: Brand Guidelines: Company's branding requirements and standards

7. Appendix B: Compliance Checklist: Regulatory requirements and disclosure guidelines

8. Appendix C: Technical Requirements: Technical specifications for content creation and delivery

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

Germany

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions








































Clauses



































Relevant Industries

Consumer Goods

Fashion and Apparel

Sports and Athletics

Entertainment

Technology

Beauty and Cosmetics

Food and Beverage

Automotive

Luxury Goods

Health and Wellness

Gaming

Financial Services

Telecommunications

Relevant Teams

Legal

Marketing

Brand Management

Public Relations

Digital Marketing

Compliance

Commercial

Social Media

Business Development

Talent Relations

Relevant Roles

Legal Counsel

Brand Manager

Marketing Director

Talent Relations Manager

Commercial Director

Compliance Officer

Digital Marketing Manager

Social Media Manager

Public Relations Director

Contract Manager

Business Development Manager

Influencer Marketing Specialist

Celebrity Relations 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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