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.
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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
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
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
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