Reading time: 3 minutes

If you decide to engage a creative agency, there are some key issues that you should be considering. These include the exclusivity of the relationship, the term of the relationship, how you will make payments and how the client will undertake the work. If you are a client, it is sensible to engage a lawyer to review the agreement you receive.  Or, if you are drafting the agreement, have your lawyer draft it to include specific terms to protect you and your business. Having these key terms in place will reduce issues later on and protect your business. 


The agreement should clearly set out the relationship between you and your creative agency, as well as address the nature of the appointment and how it relates to exclusivity. If you are the creative agency, you may want to include a term that the client can only use you as their marketing and creative services provider. However, if you are the client, you would more likely make the relationship non-exclusive so that you can use other service providers if you would like to. Negotiating this term at the outset is prudent.

Term of the Agreement

Your creative agency agreement will set out the terms and will also include the option for renewal of the agreement. The agreement should have detailed and complete termination clause. It should set out the reasons as to why you can terminate the agreement, as well as a clear and amicable path to terminating the relationship with little difficulty.

Plan of work

Critically, you should have a clear and defined plan as to how both parties will behave in the relationship, how they will make decisions as well as timelines. You, as the client, will need to agree and approve the contract that should also detail,

  • marketing strategy,
  • creative concepts,
  • schedules, and
  • other events.

As the client, it is important that you set out how you can approve and deny the plan of work that the agency provides.


Depending on the agreement’s nature, you may have a monthly fee payable, a retainer or a fee payable on each project or piece of work delivered by the creative agency. Another consideration is the creative agency’s role in purchasing advertising or making other payments on your behalf. For these reasons, it is necessary that both parties understand the invoice process through clearly drafted terms.


It is important to draft terms and conditions that protect your business and define the relationship. For both parties to move forward, it is important that your agreement addresses exclusivity, terms and how you will make payments to ensure that you can amicably terminate if the need arises.

LegalVision’s experienced lawyers can assist you with any other legal needs that you may have including Intellectual Property, commercial contracts and employment issues.

Questions? Please get in touch on 1300 544 755.


COVID-19 Vaccines In The Workplace

Thursday 10 February | 11:00 - 11:45am

Can you compel employees to have a COVID-19 vaccine? Understand your rights and responsibilities as an employer. Register today for our free webinar.
Register Now

Preventing Wage Underpayment In Your Franchise

Wednesday 16 February | 11:00 - 11:45am

Learn how to identify and prevent wage underpayment in your franchise. Register today for our free webinar.
Register Now

How to Prevent and Manage Commercial Contract Disputes

Thursday 24 February | 11:00 - 11:45am

Learn how to prevent and manage common commercial contract disputes. Register today for our free webinar.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

Our Awards

  • 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Winner – Australasian Lawyer
  • 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year - Australasian Law Awards
  • 2019 Most Innovative Firm - Australasian Lawyer