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Creative Agency Contract for Malaysia

Creative Agency Contract Template for Malaysia

This comprehensive legal agreement, governed by Malaysian law, establishes the professional relationship between a creative agency and its client. The document outlines the scope of creative services, deliverables, intellectual property rights, payment terms, and operational procedures. It incorporates key provisions from Malaysian legislation, including the Contracts Act 1950, Copyright Act 1987, and Personal Data Protection Act 2010, ensuring compliance with local legal requirements while protecting both parties' interests in creative work, data handling, and commercial transactions.

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What is a Creative Agency Contract?

The Creative Agency Contract serves as a foundational document for establishing and managing professional relationships between creative service providers and their clients in Malaysia. This agreement is essential when businesses engage creative agencies for services such as advertising, design, digital marketing, or brand development. It incorporates provisions aligned with Malaysian legal requirements, including intellectual property protection, data privacy, and electronic commerce regulations. The document is structured to address both traditional and digital creative services, ensuring comprehensive coverage of modern business needs while maintaining compliance with Malaysian law and business practices.

What sections should be included in a Creative Agency Contract?

1. Parties: Identifies and provides full details of the creative agency and the client

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the creative services to be provided by the agency

5. Agency Obligations: Outlines the agency's responsibilities and commitments

6. Client Obligations: Specifies the client's responsibilities including provision of materials and approvals

7. Intellectual Property Rights: Addresses ownership and licensing of creative works and pre-existing IP

8. Fees and Payment Terms: Details the fee structure, payment schedule, and related terms

9. Approval Process: Outlines the process for client review and approval of deliverables

10. Confidentiality: Covers confidentiality obligations and protection of sensitive information

11. Term and Termination: Specifies contract duration and termination provisions

12. Warranties and Indemnities: Sets out warranties provided by both parties and indemnification terms

13. Limitation of Liability: Defines the extent and limitations of each party's liability

14. General Provisions: Includes standard boilerplate clauses like governing law and notices

What sections are optional to include in a Creative Agency Contract?

1. Data Protection: Detailed section on data handling and PDPA compliance, required when personal data processing is involved

2. Third Party Contractors: Provisions regarding subcontractors and freelancers, needed when the agency plans to outsource work

3. International Usage: Additional provisions for international use of creative works, relevant for global campaigns

4. Social Media Management: Specific terms for social media services, required when social media management is part of the scope

5. Performance Metrics: KPIs and performance measurement criteria, useful for results-based engagements

6. Client Content License: Terms for using client's existing materials, needed when client provides content or branding elements

7. Agency Team: Details about key team members and their roles, useful for larger projects with dedicated teams

8. Competition Restrictions: Non-compete and exclusivity provisions, relevant when working with competing brands is a concern

What schedules should be included in a Creative Agency Contract?

1. Schedule 1: Scope of Work: Detailed breakdown of services, deliverables, and timelines

2. Schedule 2: Fee Schedule: Comprehensive fee structure, including rates, expenses, and payment milestones

3. Schedule 3: Service Level Agreement: Performance standards, response times, and quality metrics

4. Schedule 4: Brand Guidelines: Client's branding requirements and guidelines

5. Schedule 5: Approval Workflow: Detailed process for submissions, revisions, and approvals

6. Appendix A: Project Brief: Initial project requirements and objectives

7. Appendix B: Team Structure: Organization chart and key personnel contacts

8. Appendix C: Technical Requirements: Technical specifications for deliverables

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

Malaysia

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions


































Clauses


































Relevant Industries

Advertising

Marketing

Media

Entertainment

Digital Services

Technology

Retail

Fashion

Consumer Goods

Professional Services

Financial Services

Healthcare

Education

Hospitality

Real Estate

Relevant Teams

Legal

Marketing

Creative

Procurement

Finance

Operations

Compliance

Business Development

Account Management

Executive Leadership

Relevant Roles

Creative Director

Marketing Manager

Brand Manager

Legal Counsel

Contract Manager

Procurement Manager

Chief Marketing Officer

Business Development Manager

Project Manager

Account Executive

Operations Director

CEO

Managing Director

Finance Director

Compliance Officer

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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