Endorsement Agreement for Austria

Endorsement Agreement Template for Austria

This document is an Endorsement Agreement governed by Austrian law, designed to establish and regulate the legal relationship between a brand/company and an endorser (such as a celebrity, athlete, or influencer). The agreement complies with Austrian civil law, advertising regulations, and consumer protection requirements while addressing key aspects such as intellectual property rights, compensation, and promotional obligations. It includes specific provisions to meet Austrian legal requirements regarding commercial communications, fair trading practices, and transparency in advertising, while also incorporating international best practices in endorsement deals.

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What is a Endorsement Agreement?

The Endorsement Agreement is a crucial legal document used when a company seeks to partner with an individual (typically a celebrity, athlete, or influencer) to promote their products or services in Austria. This agreement type requires careful consideration of Austrian advertising laws, consumer protection regulations, and unfair competition rules. The document typically includes detailed provisions on usage rights, compensation, exclusivity, and compliance with Austrian media and advertising regulations. The Endorsement Agreement should be structured to address both traditional and digital promotional activities while ensuring compliance with Austrian requirements for commercial communications and transparency in advertising. It's particularly important in the Austrian context to address specific local legal requirements regarding influencer marketing, social media advertising, and consumer protection.

What sections should be included in a Endorsement Agreement?

1. Parties: Identification of the endorser and the company/brand owner

2. Background: Context of the agreement and brief description of the parties' business/profile

3. Definitions: Key terms used throughout the agreement

4. Grant of Rights: Scope of endorsement rights granted by the endorser to the company

5. Term and Territory: Duration of the agreement and geographical scope of the endorsement

6. Endorser's Obligations: Specific duties, appearances, social media posts, and other promotional activities

7. Company's Obligations: Support, materials, and resources to be provided by the company

8. Approval Rights: Process for approving promotional materials and endorser's content

9. Compensation: Payment terms, including base fees, royalties, and performance bonuses

10. Intellectual Property Rights: Usage of endorser's name, image, and likeness, and protection of company's trademarks

11. Exclusivity: Restrictions on endorsing competing products or services

12. Compliance: Adherence to laws, regulations, and ethical guidelines

13. Representations and Warranties: Parties' assurances regarding their capacity and authority

14. Termination: Conditions for ending the agreement and consequences of termination

15. General Provisions: Standard legal clauses including governing law, notices, and amendments

What sections are optional to include in a Endorsement Agreement?

1. Morality Clause: Provisions regarding endorser's conduct and reputation, used when public image is crucial

2. Social Media Guidelines: Specific rules for social media posts, needed when digital promotion is a key component

3. Product Integration: Details of how products will be integrated into endorser's activities, used for complex product placement arrangements

4. Performance Metrics: Specific KPIs and measurement criteria, included when compensation is tied to performance

5. International Rights: Additional provisions for international endorsements, needed for global campaigns

6. Crisis Management: Procedures for handling PR issues or controversies, important for high-profile endorsements

7. Insurance Requirements: Specific insurance coverage requirements, needed for high-risk activities

What schedules should be included in a Endorsement Agreement?

1. Schedule A - Compensation Details: Detailed breakdown of all payment terms, bonuses, and royalty calculations

2. Schedule B - Approved Products/Services: List of specific products or services covered by the endorsement

3. Schedule C - Appearance Schedule: Calendar of required appearances, events, or content creation dates

4. Schedule D - Approval Guidelines: Detailed procedures for content approval and turnaround times

5. Schedule E - Brand Guidelines: Company's branding requirements and usage guidelines

6. Appendix 1 - Social Media Requirements: Specific requirements for social media posts including frequency and format

7. Appendix 2 - Prohibited Categories: List of prohibited products, services, or activities under exclusivity provisions

Authors

Alex Denne

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

Jurisdiction

Austria

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Sports & Athletics

Entertainment & Media

Fashion & Apparel

Consumer Goods

Technology

Food & Beverage

Cosmetics & Beauty

Luxury Goods

Gaming & eSports

Fitness & Wellness

Financial Services

Automotive

Travel & Tourism

Relevant Teams

Legal

Marketing

Brand Management

Public Relations

Social Media

Digital Marketing

Sponsorship

Business Development

Compliance

Contract Administration

Talent Management

Relevant Roles

Legal Counsel

Brand Manager

Marketing Director

Talent Manager

Commercial Director

Sponsorship Manager

Digital Marketing Manager

Social Media Manager

PR Director

Chief Marketing Officer

Business Development Manager

Compliance Officer

Contract Administrator

Entertainment Lawyer

Sports Marketing Manager

Influencer Relations Manager

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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