Endorsement Agreement Template for Australia

An Endorsement Agreement is a legally binding contract that formalises the relationship between a brand and an endorser—whether that's a celebrity, athlete, influencer, or other public figure—for promotional activities in Australia. This document protects both parties while ensuring compliance with Australian consumer protection laws and advertising standards.

When do you need this document?

You need an Endorsement Agreement whenever you're engaging a public figure to promote your brand, products, or services. This includes hiring celebrities for traditional advertising campaigns, partnering with social media influencers for digital marketing, securing athlete endorsements for sports products, or engaging personalities for event appearances and brand ambassadorships. The agreement is essential for both one-off promotional activities and ongoing endorsement relationships, particularly when the endorser's name, image, or reputation will be associated with your brand across multiple platforms or marketing channels.

Key legal considerations

Your Endorsement Agreement must carefully define the scope of endorsement services, including specific deliverables, content approval processes, and usage rights for the endorser's name, image, and likeness. Compensation structures should be clearly outlined, whether through fixed fees, performance bonuses, royalties, or product provision. Exclusivity clauses require particular attention—you'll need to specify whether the endorser can work with competitors and define the scope of any restrictions. The agreement should address intellectual property ownership of created content, moral rights considerations under Australian copyright law, and termination provisions that protect both parties if the relationship sours or either party breaches their obligations.

Legal requirements in Australia

Under the Competition and Consumer Act 2010 and Australian Consumer Law, your Endorsement Agreement must ensure all promotional content avoids misleading or deceptive conduct. The endorser must clearly disclose paid partnerships, particularly on social media platforms, using appropriate hashtags like #ad or #sponsored. Your agreement should include specific clauses requiring compliance with Australian Association of National Advertisers (AANA) codes and Australian Communications and Media Authority (ACMA) guidelines. If using the endorser's trademark or personal brand, ensure compliance with the Trade Marks Act 1995. The agreement must also address any content creation that may be protected under the Copyright Act 1968, including who owns promotional materials and how they can be used beyond the endorsement term.