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Endorsement Contract Template for Austria

This document is a comprehensive endorsement contract governed by Austrian law, designed to establish and regulate the legal relationship between a brand/company and an endorser. It encompasses all aspects of the endorsement relationship, including scope of services, usage rights, compensation, and compliance with Austrian advertising regulations and consumer protection laws. The contract addresses key areas such as intellectual property rights, social media requirements, content approval processes, and termination conditions, while ensuring compliance with Austrian commercial law (UGB) and unfair competition regulations (UWG).

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What is a Endorsement Contract?

The Endorsement Contract is a crucial legal instrument used when a company seeks to engage an individual (celebrity, influencer, or professional) to promote their products or services in Austria. This document is essential in today's marketing landscape, particularly with the rise of social media influencers and digital marketing. The contract must comply with Austrian legal requirements, including the Civil Code (ABGB), Commercial Code (UGB), and specific advertising regulations. It typically includes detailed provisions on usage rights, compensation, exclusivity, compliance with advertising standards, and termination rights. The document is particularly important given Austria's strict regulations on advertising transparency and consumer protection, requiring careful attention to disclosure requirements and fair trading practices.

What sections should be included in a Endorsement Contract?

1. Parties: Identification of the contracting parties - the company/brand and the endorser

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

3. Definitions: Key terms used throughout the agreement

4. Scope of Endorsement: Detailed description of endorsement services, including specific promotional activities and requirements

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

6. Rights and Obligations: Detailed responsibilities of both parties, including specific endorsement requirements and brand guidelines

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

8. Intellectual Property Rights: Usage rights for name, image, likeness, and other IP, including approval processes

9. Compliance Requirements: Advertising standards, disclosure requirements, and regulatory compliance

10. Representations and Warranties: Standard contractual assurances from both parties

11. Termination: Conditions and process for ending the agreement

12. Confidentiality: Protection of sensitive information shared during the engagement

13. Governing Law and Jurisdiction: Specification of Austrian law application and dispute resolution procedures

What sections are optional to include in a Endorsement Contract?

1. Exclusivity Provisions: Restrictions on endorsing competing products/services - include when exclusive rights are required

2. Morality Clause: Behavioral standards and consequences of public misconduct - important for high-profile endorsements

3. Social Media Requirements: Specific provisions for digital endorsements and social media activities - include for digital campaigns

4. Performance Metrics: Specific KPIs and measurement criteria - include when compensation is performance-based

5. Personal Appearance Requirements: Details of physical appearances and events - include for in-person endorsements

6. Content Creation Obligations: Specific requirements for creating promotional content - include for content-heavy endorsements

7. Emergency Situations: Procedures for handling PR crises or emergencies - include for high-risk or high-profile endorsements

What schedules should be included in a Endorsement Contract?

1. Schedule A - Compensation Details: Detailed breakdown of all payment terms, including payment schedule and calculation methods

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

3. Schedule C - Brand Guidelines: Detailed requirements for brand usage and presentation

4. Schedule D - Approval Process: Specific procedures and timelines for content approval

5. Schedule E - Performance Requirements: Detailed metrics and minimum performance standards if applicable

6. Appendix 1 - Required Disclosures: Standard disclosure language for different types of endorsement activities

7. Appendix 2 - Social Media Guidelines: Specific requirements for social media posts and engagement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Austria

Document Type

Agreement Contract

Cost

Free to use

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