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Advertising Agency Agreement for Australia

Advertising Agency Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the terms and conditions between an advertising agency and its client. The document outlines the scope of advertising services, creative deliverables, approval processes, payment terms, and intellectual property rights. It includes provisions compliant with Australian consumer law, privacy regulations, and advertising standards, while addressing both traditional and digital advertising services. The agreement provides framework for campaign execution, performance measurement, and dispute resolution within the Australian legal context.

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Advertising Agency Agreement

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What is a Advertising Agency Agreement?

The Advertising Agency Agreement serves as the primary contractual framework for establishing and managing the relationship between advertising agencies and their clients in Australia. This document is essential when a business engages an advertising agency to manage its advertising and promotional activities, whether for specific campaigns or ongoing marketing services. The agreement comprehensively covers service scope, creative rights, approval processes, compensation structure, and compliance with Australian advertising standards and regulations. It includes provisions for both traditional and digital advertising mediums, intellectual property protection, and data privacy compliance under Australian law. The document is designed to protect both parties' interests while ensuring clarity in service delivery, performance expectations, and commercial terms.

What sections should be included in a Advertising Agency Agreement?

1. Parties: Identifies and provides details of the advertising agency and the client

2. Background: Sets out the context of the agreement and general purpose

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope of Services: Details the appointment of the agency and outlines core advertising services to be provided

5. Agency Obligations: Specifies the agency's responsibilities and service standards

6. Client Obligations: Outlines the client's responsibilities including providing materials and approvals

7. Approval Process: Details the process for submitting, reviewing, and approving advertising materials

8. Fees and Payment Terms: Specifies fee structure, payment schedule, and billing procedures

9. Intellectual Property Rights: Addresses ownership and usage rights of creative materials

10. Confidentiality: Protects confidential information of both parties

11. Term and Termination: Specifies agreement duration and termination conditions

12. Warranties and Indemnities: Sets out warranties provided by both parties and indemnification obligations

13. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment

What sections are optional to include in a Advertising Agency Agreement?

1. Digital Marketing Services: Detailed provisions for digital marketing services if included in scope

2. Media Buying: Specific terms for media purchasing services if the agency handles media buying

3. Performance Metrics: KPIs and performance measurement criteria if specific targets are agreed

4. International Advertising: Additional provisions for international advertising campaigns if applicable

5. Data Protection: Detailed data handling and privacy provisions if significant personal data processing is involved

6. Subcontracting: Terms governing use of subcontractors if agency plans to outsource work

7. Non-Compete: Restrictions on working with competing clients if exclusivity is required

8. Crisis Management: Procedures for handling advertising-related crises or emergencies

What schedules should be included in a Advertising Agency Agreement?

1. Schedule 1 - Scope of Services: Detailed breakdown of all advertising services to be provided

2. Schedule 2 - Fee Structure: Comprehensive fee schedule including rates, commissions, and expenses

3. Schedule 3 - Key Personnel: List of key agency team members assigned to the client's account

4. Schedule 4 - Service Level Agreement: Specific performance standards and response times

5. Schedule 5 - Brand Guidelines: Client's branding requirements and guidelines

6. Schedule 6 - Approval Workflow: Detailed workflow for creative approval process

7. Appendix A - Media Planning Template: Standard template for media plans and budgets

8. Appendix B - Reporting Templates: Templates for regular performance and campaign reporting

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions








































Clauses








































Relevant Industries

Retail

Consumer Goods

Financial Services

Technology

Healthcare

Automotive

Entertainment

Food and Beverage

Travel and Tourism

Real Estate

Education

Professional Services

Telecommunications

Non-profit Organizations

Government and Public Sector

Relevant Teams

Legal

Marketing

Procurement

Finance

Creative Services

Digital Marketing

Brand Management

Compliance

Operations

Commercial

Media Planning

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Procurement Manager

Legal Counsel

Contracts Manager

Marketing Manager

Advertising Director

Commercial Director

Account Director

Creative Director

Media Director

Digital Marketing Manager

Chief Financial Officer

Operations Manager

Compliance Officer

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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