When engaging a creative agency to undertake your marketing work, such as creative advertising content, digital campaigns and generating new ideas for your business, both parties need to be sure that a written agreement clearly sets out their rights and obligations. As both parties will have recorded and agreed to their obligations, a written agreement can help mitigate potential disputes that can arise. Below, we set out some of the rights and obligations your creative agency agreement should include.

Services

Importantly, you should take steps to ensure that the creative agency provides the services described in the contract, and undertakes them with due care and skill. You should also clearly state that the creative agency must comply with any reasonable directions that you give in your capacity as their client. Consequently, you should clearly describe the services so that the creative agency understands your expectations.

Performance of Obligations and the Agreement

As a client, you will be interested in the terms protecting you and your business and minimising your risk. For example, you will need to ensure that the creative agency,

  • Satisfies all of their obligations with regards to your business;
  • Performs their services adequately; and
  • Does not breach any third party rights.

Approving Activity

The creative agency should not undertake any activity without your approval. Your brand and appearance are critical to your business’ success, so you should explicitly state that the creative agency will not undertake advertising without your consent.

Personnel and Staffing

As a client, you should make clear you expectations as to how the creative agency will perform the services. For example, how the agency’s personnel are performing. Your agreement should also address:

  • Performance levels you expect the agency to meet;
  • Whether or not you will allow subcontracting; and
  • Whether you would likely limit the subcontracting work.

If you are considering permitting subcontracting, you should include an additional clause allowing you to approve the subcontracting work.

Warranties and Representations

As a client, you should protect your business by requiring the agreement to address the required warranties and representations of the creative agency. You must also set out that the creative agency will indemnify you in relation to the agreement and the relationship. You should make sure that you limit your liability, and protect yourself against any negligence. For example, you may brief your creative agency for a particular campaign and allocate a specific budget. What will happen if the costs exceed the budget? Who will be responsible? Who will pay the excess spent on the campaign – the agency or the client? In order to preserve relationships moving forward, your agreement should address these potential issues.

Conclusion

Having clear rights and obligations in your creative agency agreement can make the relationship between you and your creative agency easier and prevent issues arising later on.

LegalVision can assist you with other legal needs including drafting your commercial or employment contracts. Our experienced consumer lawyers are also well placed to assist you with any marketing or advertising law issues that you require assistance with.

Questions? Please get in touch on 1300 544 755.

COVID-19 Business Survey
LegalVision is conducting a survey on the impact of COVID-19 for businesses across Australia. The survey takes 2 minutes to complete and all responses are anonymous. We would appreciate your input. Take the survey now.

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. For just $199 per month, membership unlocks unlimited lawyer consultations, faster turnaround times, free legal templates and members-only discounts.

Learn more about LVConnect

Edith Moss
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.

  • By submitting this form, you agree to receive emails from LegalVision and can unsubscribe at any time. See our full Privacy Policy.
  • This field is for validation purposes and should be left unchanged.
Our Awards
  • 2019 Top 25 Startups - LinkedIn 2019 Top 25 Startups - LinkedIn
  • 2019 NewLaw Firm of the Year - Australian Law Awards 2019 NewLaw Firm of the Year - Australian Law Awards
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer
Privacy Policy Snapshot

We collect and store information about you. Let us explain why we do this.

What information do you collect?

We collect a range of data about you, including your contact details, legal issues and data on how you use our website.

How do you collect information?

We collect information over the phone, by email and through our website.

What do you do with this information?

We store and use your information to deliver you better legal services. This mostly involves communicating with you, marketing to you and occasionally sharing your information with our partners.

How do I contact you?

You can always see what data you’ve stored with us.

Questions, comments or complaints? Reach out on 1300 544 755 or email us at info@legalvision.com.au

View Privacy Policy