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1. Parties: Identification and details of the Creative Agency and the Client
2. Background: Context of the agreement and brief overview of the engagement
3. Definitions: Key terms used throughout the agreement including 'Services', 'Deliverables', 'Intellectual Property', etc.
4. Scope of Services: Detailed description of creative services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Payment Terms: Fees, payment schedule, expenses, and invoicing procedures
7. Intellectual Property Rights: Ownership and licensing of creative works, existing IP, and newly created IP
8. Approval Process: Client review, feedback, and approval procedures for deliverables
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: Compliance with POPIA and handling of personal information
11. Warranties and Indemnities: Agency's warranties regarding services and mutual indemnification provisions
12. General Provisions: Standard clauses including governing law, notices, and dispute resolution
1. Third-Party Contractors: Include when the agency may need to engage subcontractors or freelancers
2. Media Buying: Include when the agency will handle media purchases on behalf of the client
3. Performance Metrics: Include when specific KPIs or performance standards are required
4. Client Obligations: Include when specific client responsibilities need to be detailed
5. International Usage: Include when creative works will be used across multiple jurisdictions
6. Social Media Management: Include when social media services are part of the scope
7. Crisis Management: Include when the agency will handle reputation management or crisis communication
8. Competition Restrictions: Include when exclusivity or non-compete provisions are required
1. Schedule A - Scope of Work: Detailed breakdown of specific projects, campaigns, or deliverables
2. Schedule B - Fee Schedule: Detailed pricing, rate cards, and payment milestones
3. Schedule C - Service Level Agreement: Response times, delivery timeframes, and performance standards
4. Schedule D - Brand Guidelines: Client's branding requirements and usage guidelines
5. Schedule E - Key Personnel: List of key team members and their roles
6. Appendix 1 - Approval Workflow: Detailed process for submissions, revisions, and approvals
7. Appendix 2 - Technical Requirements: Technical specifications for deliverables
8. Appendix 3 - Compliance Checklist: Regulatory and industry standard compliance requirements
Agency
Approved Brief
Artistic Works
Brand Guidelines
Campaign
Client
Client Materials
Commencement Date
Confidential Information
Consideration
Creative Works
Deliverables
Design Elements
Digital Content
Effective Date
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Key Personnel
Licensed Materials
Media Buy
Moral Rights
Operating Hours
Personal Information
Project
Project Timeline
Revision Cycle
Services
Specifications
Standard Rates
Style Guide
Term
Third-Party Materials
Trade Marks
Working Day
Work Product
Services
Term
Fees and Payment
Intellectual Property Rights
Client Materials
Confidentiality
Data Protection
Service Levels
Approval Process
Revisions and Amendments
Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Non-Solicitation
Non-Compete
Subcontracting
Assignment
Third-Party Rights
Client Obligations
Agency Obligations
Project Management
Quality Assurance
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Relationship of Parties
Compliance with Laws
Insurance
Performance Metrics
Change Control
Publicity Rights
Electronic Communications
Record Keeping
Audit Rights
Advertising
Marketing
Media & Entertainment
Digital Services
Public Relations
Retail
Technology
Financial Services
Healthcare
Consumer Goods
Telecommunications
Education
Non-Profit
Government
Legal
Marketing
Procurement
Creative Services
Business Development
Operations
Compliance
Finance
Communications
Digital
Brand Management
Creative Director
Marketing Manager
Brand Manager
Legal Counsel
Procurement Manager
Account Executive
Project Manager
Chief Marketing Officer
Communications Director
Business Development Manager
Contracts Manager
Compliance Officer
Art Director
Digital Marketing Manager
Operations Manager
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