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Creative Agency Contract Template for New Zealand

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Key Requirements PROMPT example:

Creative Agency Contract

"I need a Creative Agency Contract for my digital marketing company based in Auckland, which will be providing comprehensive social media management, content creation, and online advertising services to retail clients, with the agreement starting from March 2025."

Document background
The Creative Agency Contract serves as a foundational document for establishing professional relationships between creative service providers and their clients in New Zealand. This agreement is essential when a business engages a creative agency for services such as advertising, design, digital marketing, branding, or content creation. The contract addresses crucial aspects including service scope, deliverables, timelines, intellectual property rights, payment terms, and quality standards, while ensuring compliance with New Zealand legislation such as the Contract and Commercial Law Act 2017 and Copyright Act 1994. It provides clear guidelines for project execution, approval processes, and dispute resolution, protecting both parties' interests throughout the creative collaboration process.
Suggested Sections

1. Parties: Identifies and provides full legal details of the creative agency and the client

2. Background: Outlines the context of the agreement, including the agency's expertise and the client's requirements

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Services: Details the creative services to be provided, including deliverables and project parameters

5. Term and Termination: Specifies the duration of the agreement and conditions for termination

6. Fees and Payment Terms: Outlines the fee structure, payment schedule, and invoicing procedures

7. Intellectual Property Rights: Addresses ownership and licensing of creative works, including pre-existing and newly created IP

8. Approval Process: Details the client review and approval procedures for deliverables

9. Confidentiality: Establishes obligations regarding confidential information protection

10. Agency Obligations: Lists the agency's key responsibilities and service standards

11. Client Obligations: Specifies client responsibilities, including provision of materials and timely feedback

12. Warranties and Indemnities: Contains warranties about service quality and indemnification provisions

13. Limitation of Liability: Sets out the extent and limitations of the agency's liability

14. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment

Optional Sections

1. Third-Party Contractors: Required when the agency needs to engage external contractors or freelancers

2. Data Protection: Needed when handling significant amounts of personal or sensitive data

3. Performance Metrics: Include when specific KPIs or performance standards are required

4. Social Media Management: Required for contracts involving social media services

5. Content Creation Rights: Additional detail for contracts focused on content creation

6. Website Development Terms: Specific terms for web development projects

7. Agency Team: Details of key team members when specific personnel are crucial to the project

8. Competition Restrictions: Non-compete clauses when working with competing clients

9. Crisis Management: Required for contracts involving PR or reputation management

10. International Usage Rights: Needed when work will be used across multiple jurisdictions

Suggested Schedules

1. Schedule 1: Service Specifications: Detailed breakdown of services, deliverables, and timelines

2. Schedule 2: Fee Schedule: Comprehensive fee structure, rates, and payment milestones

3. Schedule 3: Brand Guidelines: Client's brand guidelines and requirements

4. Schedule 4: Project Timeline: Detailed project timeline with key milestones and deadlines

5. Schedule 5: Key Personnel: Details of key team members and their roles

6. Appendix A: Creative Brief Template: Standard template for project briefs

7. Appendix B: Approval Forms: Standard forms for client approval of deliverables

8. Appendix C: Rate Card: Standard rates for additional services or variations

9. Appendix D: Technical Requirements: Technical specifications for digital deliverables

10. Appendix E: Change Request Process: Procedures for handling scope changes and variations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses








































Relevant Industries

Advertising and Marketing

Media and Entertainment

Retail

Technology

Financial Services

Healthcare

Education

Professional Services

Consumer Goods

Hospitality and Tourism

Real Estate

Non-profit Organizations

Manufacturing

Telecommunications

Relevant Teams

Legal

Marketing

Procurement

Finance

Creative Services

Business Development

Operations

Digital

Brand Management

Commercial

Executive Leadership

Project Management

Relevant Roles

Creative Director

Marketing Manager

Brand Manager

Procurement Manager

Legal Counsel

Business Development Manager

Account Executive

Project Manager

Chief Marketing Officer

Operations Manager

Contract Administrator

Finance Manager

Art Director

Digital Marketing Manager

Commercial Manager

CEO

Managing Director

Agency Owner

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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