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Endorsement Contract for New Zealand

Endorsement Contract Template for New Zealand

A New Zealand endorsement contract is a legally binding agreement that establishes the terms and conditions under which an individual (the endorser) agrees to promote, recommend, or associate with a company's products or services. The document, governed by New Zealand law including the Fair Trading Act 1986 and relevant advertising standards, outlines the scope of endorsement activities, compensation terms, approval rights, exclusivity provisions, and compliance requirements. It incorporates specific provisions to ensure alignment with New Zealand's regulatory framework while protecting both parties' interests and maintaining transparency in commercial endorsements.

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What is a Endorsement Contract?

The Endorsement Contract serves as a crucial legal instrument in New Zealand's commercial landscape, establishing the framework for promotional relationships between businesses and individuals with influence or public recognition. This document is essential when a company seeks to leverage an individual's reputation, expertise, or public image to promote their products or services. The contract, compliant with New Zealand law, includes detailed provisions covering endorsement scope, compensation, intellectual property rights, compliance with advertising standards, and risk management. It's particularly relevant in today's digital age where endorsements span traditional media and social platforms. The document is designed to protect both parties' interests while ensuring transparency and compliance with New Zealand's Fair Trading Act 1986 and related regulations governing commercial endorsements.

What sections should be included in a Endorsement Contract?

1. Parties: Identification of the contracting parties - the endorser and the company seeking endorsement

2. Background: Context of the agreement, including brief description of the company, products/services, and endorser's reputation/credentials

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

4. Term and Termination: Duration of the agreement, renewal options, and circumstances for early termination

5. Endorsement Services: Detailed description of required endorsement activities, appearances, social media posts, etc.

6. Approval Rights: Process for approving endorsement content, including timelines and revision rights

7. Compensation: Payment terms, including base fees, royalties, performance bonuses, and payment schedule

8. Exclusivity: Restrictions on endorsing competing products/services

9. Intellectual Property Rights: Usage rights for endorser's name, image, and likeness

10. Compliance Requirements: Obligations to comply with laws, regulations, and advertising standards

11. Representations and Warranties: Standard warranties about capacity to contract and specific endorser guarantees

12. Confidentiality: Protection of confidential information exchanged during the relationship

13. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and notices

What sections are optional to include in a Endorsement Contract?

1. Social Media Requirements: Specific requirements for social media endorsements, including platform-specific guidelines and metrics - include when social media is a key component

2. International Usage: Additional provisions for international endorsements - include when endorsement extends beyond New Zealand

3. Morality Clause: Specific behavioral requirements and consequences for breach - include for high-profile endorsements

4. Product Testing Requirements: Obligations regarding product testing and familiarity - include for technical or specialized products

5. Performance Metrics: Specific KPIs and measurement criteria - include when compensation is performance-based

6. Crisis Management: Procedures for handling negative publicity or controversies - include for high-risk or high-profile endorsements

7. Travel Requirements: Terms for travel-related obligations and expenses - include when personal appearances are required

What schedules should be included in a Endorsement Contract?

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

2. Schedule 2 - Compensation Details: Detailed breakdown of all payment terms, including calculation methods for royalties

3. Schedule 3 - Approved Usage Examples: Examples of approved endorsement content and usage guidelines

4. Schedule 4 - Content Calendar: Timeline of required endorsement activities and deliverables

5. Schedule 5 - Brand Guidelines: Company's branding requirements and guidelines

6. Appendix A - Approval Process: Detailed workflow for content approval and revision process

7. Appendix B - Compliance Checklist: Checklist of regulatory requirements and advertising standards to be met

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

New Zealand

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions








































Clauses



































Relevant Industries

Consumer Goods

Retail

Sports and Athletics

Entertainment

Fashion and Apparel

Technology

Food and Beverage

Health and Wellness

Beauty and Cosmetics

Financial Services

Telecommunications

Automotive

Luxury Goods

Gaming and eSports

Relevant Teams

Legal

Marketing

Brand Management

Commercial

Compliance

Public Relations

Social Media

Business Development

Contract Administration

Intellectual Property

Advertising

Digital Marketing

Influencer Relations

Relevant Roles

Legal Counsel

Marketing Director

Brand Manager

Commercial Director

Talent Manager

Compliance Officer

Social Media Manager

Public Relations Manager

Chief Marketing Officer

Business Development Manager

Contract Administrator

Intellectual Property Lawyer

Advertising Manager

Celebrity Manager

Sports Agent

Digital Marketing Manager

Influencer 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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