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Creative Director Contract

Creative Director Contract Template for India

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Key Requirements PROMPT example:

Creative Director Contract

"I need a Creative Director Contract for a Mumbai-based advertising agency, where the director will manage teams across three office locations in India and handle international clients, with employment starting March 1, 2025."

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Document background
The Creative Director Contract is essential for organizations hiring senior creative professionals in India who will lead and oversee creative operations. This document is typically used when appointing Creative Directors in advertising agencies, media companies, design studios, and other creative businesses operating under Indian jurisdiction. The contract addresses crucial aspects including creative control, team leadership, intellectual property rights, confidentiality, and performance expectations while ensuring compliance with Indian employment laws, copyright regulations, and industry standards. It's particularly important for protecting both employer interests in creative assets and employee rights in their creative contributions, while establishing clear guidelines for creative direction and business objectives.
Suggested Sections

1. Parties: Identification of the employer company and the Creative Director, including their registered addresses and legal status

2. Background: Context of the appointment, brief description of the company's business, and the purpose of engaging a Creative Director

3. Definitions: Definitions of key terms used throughout the agreement, including 'Creative Works', 'Intellectual Property', 'Confidential Information', etc.

4. Appointment and Term: Details of the position, effective date, term duration (fixed/permanent), and probation period if applicable

5. Duties and Responsibilities: Comprehensive list of the Creative Director's duties, reporting structure, and key performance areas

6. Working Hours and Location: Standard working hours, flexibility requirements, office location, and remote work provisions

7. Compensation and Benefits: Salary structure, bonuses, performance incentives, and other benefits including insurance and allowances

8. Intellectual Property Rights: Assignment of IP rights, ownership of creative works, and moral rights provisions

9. Confidentiality: Protection of company's confidential information, trade secrets, and client information

10. Non-Competition and Non-Solicitation: Restrictions during and post-employment regarding competition and solicitation of clients/employees

11. Performance Review: Performance evaluation process, criteria, and frequency of reviews

12. Termination: Grounds for termination, notice periods, and consequences of termination

13. Post-Termination Obligations: Continuing obligations after employment ends, including confidentiality and IP rights

14. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for dispute resolution

Optional Sections

1. International Travel: Include when role requires frequent international travel, detailing travel policies and compensation

2. Multi-Office Responsibilities: Add when Creative Director manages teams across multiple office locations

3. Creative Team Management: Include when role involves managing a team of creative professionals

4. Client Interaction Protocol: Add when role requires direct client handling and presentation responsibilities

5. Awards and Recognition: Include terms regarding industry awards and credit attribution for creative works

6. Training and Development: Add when specific professional development or training programs are part of the role

7. Equity Participation: Include if Creative Director is offered stock options or other equity-based compensation

8. Sabbatical Leave: Add if company offers sabbatical options for senior creative positions

Suggested Schedules

1. Schedule A - Compensation Structure: Detailed breakdown of salary components, bonuses, and benefits

2. Schedule B - Key Performance Indicators: Specific measurable targets and performance evaluation criteria

3. Schedule C - Creative Portfolio Guidelines: Guidelines for maintaining and using work portfolio during and after employment

4. Schedule D - Approved External Activities: List of permitted external professional activities like speaking engagements or workshops

5. Schedule E - Company Policies: Reference to relevant company policies including creative guidelines and brand standards

6. Appendix 1 - Equipment and Resources: List of company-provided equipment, software, and resources

7. Appendix 2 - Reporting Structure: Organizational chart showing reporting relationships and team structure

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Appointment
Board
Company
Confidential Information
Creative Works
Creative Services
Client
Commencement Date
Company Property
Company Policies
Competing Business
Creative Brief
Creative Team
Digital Assets
Effective Date
Employee
Employment Period
Intellectual Property Rights
Key Performance Indicators
Material Interest
Moral Rights
Notice Period
Original Works
Performance Review
Portfolio Rights
Pre-existing Works
Prohibited Area
Restricted Business
Restricted Client
Restricted Period
Restricted Person
Services
Termination Date
Territory
Third Party Rights
Trade Secrets
Work Product
Working Hours
Brand Guidelines
Creative Standards
Design Elements
Digital Platforms
Marketing Materials
Media Content
Project Deliverables
Clauses
Appointment
Term and Duration
Probation
Duties and Responsibilities
Creative Control and Authority
Reporting Structure
Working Hours and Location
Compensation and Benefits
Bonus and Incentives
Performance Reviews
Intellectual Property Rights
Moral Rights
Portfolio Rights
Confidentiality
Non-Competition
Non-Solicitation
Non-Poaching
Team Management
Client Relations
Resource Allocation
Travel Requirements
Equipment and Tools
Professional Development
Leave Entitlement
Expenses
Health and Safety
Data Protection
Termination
Notice Period
Garden Leave
Post-Termination Obligations
Return of Company Property
Dispute Resolution
Governing Law
Entire Agreement
Severability
Assignment
Amendments
Force Majeure
Notices
Third Party Rights
Relevant Industries

Advertising

Media and Entertainment

Digital Marketing

Fashion and Luxury

Gaming and Interactive Media

Publishing

Brand Consulting

Technology

Retail

E-commerce

Film and Television Production

Web Design and Development

Relevant Teams

Creative Services

Design

Art

Brand Management

Digital Innovation

Content Production

User Experience

Marketing

Advertising

Product Development

Interactive Media

Visual Design

Relevant Roles

Creative Director

Executive Creative Director

Senior Creative Director

Global Creative Director

Art Director

Design Director

Creative Services Director

Brand Creative Director

Digital Creative Director

Interactive Creative Director

Associate Creative Director

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India. Essential for establishing the basic contractual relationship between the Creative Director and the company.
Copyright Act, 1957: Crucial for protecting intellectual property rights of creative works produced during employment. Addresses ownership of creative content, moral rights, and assignment of copyright.
Trade Marks Act, 1999: Relevant for handling trademark-related work that the Creative Director may create or manage, including brand elements and logos.
Information Technology Act, 2000: Applicable to digital creative work and electronic records, including digital signatures and online content creation.
Industrial Employment (Standing Orders) Act, 1946: Relevant for establishing terms of employment, working conditions, and disciplinary procedures if the organization falls within its scope.
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952: Mandatory social security benefit regulations if the Creative Director is classified as an employee rather than a contractor.
Income Tax Act, 1961: Relevant for compensation structure, tax deductions, and reporting requirements for both employer and Creative Director.
Advertising Standards Council of India (ASCI) Guidelines: Though not legislation, these are important self-regulatory guidelines that the Creative Director must follow in their work.
The Payment of Gratuity Act, 1972: Applicable if the Creative Director is classified as an employee, governing end-of-service benefits after five years of continuous service.
Non-Disclosure Agreement provisions under Indian Contract Act: Essential for protecting company's confidential information, trade secrets, and proprietary creative processes.
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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