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Creative Agency Contract for Philippines

Creative Agency Contract Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the terms and conditions between a creative agency and its client for the provision of creative services. The contract covers essential aspects including service scope, deliverables, intellectual property rights, payment terms, and confidentiality obligations, while ensuring compliance with Philippine regulations such as the Intellectual Property Code and Data Privacy Act. The document includes provisions for project management, approval processes, and quality standards, providing a robust framework for creative service engagement while protecting both parties' interests under Philippine jurisdiction.

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What is a Creative Agency Contract?

The Creative Agency Contract is essential for businesses engaging professional creative services in the Philippines. This document is specifically designed to comply with Philippine law, including the Civil Code, Intellectual Property Code, and Data Privacy Act. It is typically used when a company wishes to engage a creative agency for services such as advertising, branding, digital marketing, or content creation. The contract outlines the complete relationship between the agency and client, covering crucial elements such as service scope, deliverables, intellectual property rights, payment terms, confidentiality, and project management processes. It includes provisions for both traditional and digital creative services, making it adaptable for various creative projects while ensuring legal compliance and protection for both parties under Philippine jurisdiction.

What sections should be included in a Creative Agency Contract?

1. Parties: Identification of the creative agency and the client, including full legal names, addresses, and business registration details

2. Background: Context of the agreement and brief description of the parties' intention to enter into a creative services arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Services', 'Deliverables', 'Intellectual Property', etc.

4. Scope of Services: Detailed description of the creative services to be provided, including types of deliverables and service standards

5. Project Process: Steps involved in project execution, including briefing, conceptualization, revisions, and approval processes

6. Client Obligations: Responsibilities of the client, including providing necessary materials, timely feedback, and access to information

7. Fees and Payment Terms: Detailed fee structure, payment schedule, additional costs, and consequences of late payment

8. Intellectual Property Rights: Ownership and licensing of creative works, transfer of rights, and protection of pre-existing IP

9. Confidentiality: Protection of confidential information, trade secrets, and client data

10. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

11. Warranties and Indemnities: Guarantees regarding service quality and indemnification provisions

12. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement

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

1. Non-Competition: Restrictions on working with competing clients, used when dealing with clients in sensitive or competitive industries

2. Third-Party Contractors: Terms governing the use of freelancers or subcontractors, included when the agency plans to outsource work

3. Performance Metrics: Specific KPIs and performance standards, used for long-term or retainer arrangements

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

5. Crisis Management: Procedures for handling public relations crises or emergency situations, relevant for PR-focused agreements

6. Data Protection: Detailed data handling and privacy protection measures, essential when processing personal data

7. International Usage: Terms governing international use of creative works, included when content will be used across multiple jurisdictions

What schedules should be included in a Creative Agency Contract?

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

2. Schedule B - Fee Structure: Comprehensive pricing details, including hourly rates, project fees, and additional costs

3. Schedule C - Service Level Agreement: Specific performance standards, response times, and quality metrics

4. Schedule D - Approved Subcontractors: List of pre-approved third-party contractors or freelancers

5. Schedule E - Brand Guidelines: Client's brand guidelines and requirements for creative work

6. Appendix 1 - Project Brief Template: Standard template for project briefs and requirements

7. Appendix 2 - Approval Process: Detailed workflow for review and approval of 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

Philippines

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions

















































Clauses








































Relevant Industries

Advertising and Marketing

Media and Entertainment

Digital Technology

Retail and Consumer Goods

Financial Services

Telecommunications

Healthcare and Pharmaceuticals

Real Estate

Food and Beverage

Education

Professional Services

Tourism and Hospitality

Non-Profit Organizations

Government and Public Sector

Relevant Teams

Legal

Marketing

Creative Services

Procurement

Finance

Operations

Compliance

Business Development

Communications

Digital

Brand Management

Project Management

Account Management

Relevant Roles

Creative Director

Account Manager

Project Manager

Marketing Director

Brand Manager

Legal Counsel

Chief Marketing Officer

Procurement Manager

Operations Director

Finance Manager

Compliance Officer

Business Development Manager

Art Director

Digital Marketing Manager

Communications Manager

Contract Administrator

Chief Executive Officer

Chief Operating 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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