Reading time: 3 minutes

Parts 1 to 3 of this series covered a majority of the commercial items that need to be considered when entering into a creative agency agreement. There are, however, several housekeeping items which also need to be considered which will be covered in the final part of this series.


Under what conditions can this agreement be terminated?

Normally, if it is an ongoing arrangement, there will be a clause setting out the notice period required if one party wants to terminate the agreement. Depending on the size of the client company, the standard notice period can range from 20 business days to 3 months. This needs to be agreed between the parties.

You may also wish to set out a number of circumstances in which one party can terminate the agreement immediately. This may include, for example:

  • a material breach of a provision of the creative agency agreement;
  • failure by the client to pay the creative agency’s invoices over a significant period of time;
  • consistent failure by the creative agency to provide the services to the client’s satisfaction; or
  • a party entering into liquidation/administration.

Dispute resolution

When there is a dispute, the last thing that the parties need is a dispute over how to resolve a dispute. To avoid this, a well-drafted agreement will have a detailed dispute resolution procedure.

A standard dispute resolution clause will usually start with requiring the party bringing the complaint to provide the other party with a dispute notice setting out all the matters in dispute. Then, if the dispute cannot be resolved after, for example, two weeks, the parties can then refer the matter to a mediator. If the parties cannot agree on a mediator, either party can request a third party to appoint a mediator – this third party is usually the relevant law society.

Most dispute resolution clauses will not allow a party to commence court proceedings until the parties have attempted to resolve the dispute through mediation. This is because court proceedings are timely and costly for both parties, and more often than not, result in an irreparable working relationship.


Throughout the agreement, there will be requirements on one party to provide the other with notice in writing. The notices clause will set out how notices are to be communicated, for example, by post, email, or fax, and when such notices are deemed to have been delivered. This is important to help the parties avoid dispute over whether or not notice was given and received.


Creative agency agreements are generally quite lengthy and complex. If you require a creative agency agreement, we recommend that you have this drafted professional by an experienced contract lawyer. Alternatively, if you are entering into a creative agency agreement, we recommend that you have this reviewed so that you understand all your rights and obligations under it. Once an agreement is signed, it is difficult to negotiate changes to the terms and you could be stuck with an agreement that is highly unfavourable to you.


Key Considerations When Buying a Business

Thursday 11 November | 11:00 - 11:45am

Learn which questions to ask when buying a business to avoid legal and operational pitfalls, so you can hit the ground running. Join our free webinar.
Register Now

Innovation Nation: How to Make the Most of Australia’s Business Innovation and Investor Visas

Thursday 18 November | 11:00 - 11:45am

Want to expand your business into Australia? You need the right visa. Register for our free webinar to learn more.
Register 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. From just $119 per week, get all your contracts sorted, trade marks registered and questions answered by experienced business lawyers.

Learn more about LVConnect

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