The Creative Agency Contract serves as a fundamental legal instrument for establishing professional relationships between creative service providers and their clients in Indonesia. It is essential when engaging creative agencies for services such as advertising, design, digital marketing, or brand development. The contract ensures compliance with Indonesian legal requirements, including the Civil Code (KUHPer) and Law No. 28 of 2014 on Copyright, while protecting both parties' interests through clear terms on project scope, deliverables, intellectual property rights, payment structures, and performance standards. This document is particularly important given Indonesia's growing creative industry and the need for clear legal frameworks in creative service engagements.
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1. Parties: Identifies and provides full details of the Creative Agency and the Client
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of the creative services to be provided
5. Term and Timeline: Duration of the agreement and key project milestones
6. Fees and Payment Terms: Compensation structure, payment schedule, and related terms
7. Intellectual Property Rights: Ownership and licensing of creative works and pre-existing IP
8. Approvals and Acceptance: Process for client approval of deliverables and revision procedures
9. Confidentiality: Protection of confidential information and trade secrets
10. Representations and Warranties: Parties' assurances regarding capacity, quality, and compliance
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Termination: Conditions and procedures for ending the agreement
13. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Non-Competition: Restrictions on working with competitors, used when sensitive market information is involved
2. Data Protection: Specific provisions for handling personal data, required when processing customer data
3. Moral Rights: Specific provisions regarding moral rights under Indonesian copyright law, important for artistic works
4. Subcontracting: Terms for engaging third-party contractors, used when subcontracting is anticipated
5. Insurance: Requirements for professional indemnity and other insurance, used for high-value projects
6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID
7. Dispute Resolution: Specific procedures for handling disputes, important for international clients
1. Schedule 1 - Scope of Work: Detailed breakdown of services, deliverables, and specifications
2. Schedule 2 - Fee Schedule: Detailed pricing, payment milestones, and expense policies
3. Schedule 3 - Timeline: Detailed project timeline with milestones and deadlines
4. Schedule 4 - Creative Brief: Client's requirements and project objectives
5. Schedule 5 - Brand Guidelines: Client's brand requirements and style guides
6. Appendix A - Key Personnel: List of key team members and their roles
7. Appendix B - Technical Requirements: Technical specifications and requirements for deliverables
Relevant legal definitions
Clauses
Relevant Industries
Advertising and Marketing
Media and Entertainment
Digital Technology
Retail and Consumer Goods
Financial Services
Telecommunications
Healthcare and Pharmaceuticals
Real Estate
Food and Beverage
Education
Tourism and Hospitality
Professional Services
Relevant Teams
Legal
Marketing
Procurement
Finance
Creative Services
Digital
Communications
Business Development
Operations
Brand Management
Project Management
Relevant Roles
Chief Marketing Officer
Marketing Director
Brand Manager
Procurement Manager
Legal Counsel
Creative Director
Account Manager
Project Manager
Finance Director
Contracts Manager
Business Development Manager
Operations Manager
Digital Marketing Manager
Communications Manager
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