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Advertising Agency Retainer Agreement for Hong Kong

Advertising Agency Retainer Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes a long-term relationship between an advertising agency and its client. The agreement sets out the terms for ongoing advertising and marketing services provided on a retainer basis, including scope of services, fee structures, approval processes, intellectual property rights, and compliance with Hong Kong advertising regulations. It incorporates specific provisions for digital advertising, data privacy compliance under Hong Kong's Personal Data (Privacy) Ordinance, and local advertising standards.

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What is a Advertising Agency Retainer Agreement?

The Advertising Agency Retainer Agreement is essential for businesses seeking to establish a continuous professional relationship with an advertising agency in Hong Kong. This document is typically used when a client requires regular, ongoing advertising and marketing services rather than project-based work. It provides a structured framework for the relationship, covering crucial elements such as monthly retainer fees, service scope, performance metrics, and compliance with Hong Kong's advertising regulations and privacy laws. The agreement is particularly important in the Hong Kong market where advertising must navigate both local requirements and potentially regional Asian market considerations. It includes specific provisions for digital advertising, social media management, and traditional advertising channels while ensuring compliance with Hong Kong's legal framework.

What sections should be included in a Advertising Agency Retainer Agreement?

1. Parties: Identification of the advertising agency and the client

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Formal appointment of agency and duration of agreement

5. Scope of Services: Core services to be provided by the agency

6. Agency Obligations: Key responsibilities and commitments of the agency

7. Client Obligations: Key responsibilities and commitments of the client

8. Approval Process: Process for client approval of deliverables

9. Fees and Payment: Retainer fee structure, payment terms, and additional costs

10. Intellectual Property Rights: Ownership and licensing of creative works

11. Confidentiality: Protection of confidential information

12. Data Protection: Compliance with privacy laws and data handling

13. Warranties and Indemnities: Promises made by parties and protection against claims

14. Limitation of Liability: Caps on liability and excluded losses

15. Termination: Circumstances and process for ending the agreement

16. Post-Termination: Obligations and rights after agreement ends

17. General Provisions: Standard boilerplate clauses

What sections are optional to include in a Advertising Agency Retainer Agreement?

1. Non-Competition: Restrictions on agency working with competing clients, used when exclusivity is required

2. Performance Metrics: Specific KPIs and performance standards, used for larger campaigns or complex services

3. International Services: Provisions for cross-border services, used when operating in multiple jurisdictions

4. Subcontracting: Rules for engaging third-party suppliers, used when subcontractors are expected

5. Insurance: Specific insurance requirements, used for high-value or high-risk campaigns

6. Staff Assignment: Key personnel commitments, used when specific team members are crucial

7. Crisis Management: Procedures for handling PR crises, used for sensitive industries or major brands

What schedules should be included in a Advertising Agency Retainer Agreement?

1. Schedule 1 - Services Description: Detailed breakdown of all services covered by the retainer

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Performance standards and response times

4. Schedule 4 - Key Personnel: List of key team members and their roles

5. Schedule 5 - Approval Process: Detailed workflow for approvals and revisions

6. Schedule 6 - Brand Guidelines: Client's branding requirements and standards

7. Schedule 7 - Reporting Requirements: Format and frequency of performance reports

8. Appendix A - Rate Card: Standard rates for additional services

9. Appendix B - Creative Brief Template: Standard format for project briefs

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

Hong Kong

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions










































Clauses










































Relevant Industries

Retail

Consumer Goods

Financial Services

Technology

Telecommunications

Automotive

Food and Beverage

Healthcare

Entertainment

Real Estate

Fashion

Luxury Goods

E-commerce

Travel and Tourism

Education

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Communications

Brand Management

Digital Marketing

Corporate Affairs

Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Procurement Manager

Legal Counsel

Communications Director

Digital Marketing Manager

Advertising Manager

Marketing Operations Manager

Account Director

Creative Director

Media Director

Finance Director

Compliance Officer

Contract 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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