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Marketing Consultant Contract Template for New Zealand

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Key Requirements PROMPT example:

Marketing Consultant Contract

"I need a Marketing Consultant Contract for engaging a digital marketing specialist to manage our social media presence and online campaigns in New Zealand, with strong IP protection clauses and clear performance metrics for measuring ROI on our campaigns."

Document background
The Marketing Consultant Contract is essential for businesses in New Zealand seeking to engage external marketing expertise while maintaining clear legal and operational boundaries. This document is specifically designed for situations where a company requires professional marketing services but prefers to maintain flexibility through a consultancy arrangement rather than direct employment. It addresses key aspects required under New Zealand law, including proper classification of independent contractors, intellectual property rights, and privacy obligations. The contract includes comprehensive provisions for scope of work, deliverables, payment terms, and performance standards, while ensuring compliance with New Zealand's commercial and contract law framework. It's particularly valuable for businesses looking to scale their marketing efforts, launch new campaigns, or access specialized marketing expertise without the commitment of permanent employment.
Suggested Sections

1. Parties: Identification of the client and the marketing consultant, including full legal names, addresses, and company details if applicable

2. Background: Context of the agreement, including the client's need for marketing services and the consultant's expertise and qualifications

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Scope of Services: Detailed outline of the marketing services to be provided by the consultant

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

6. Fees and Payment: Consulting fees, payment schedule, expenses, and invoicing procedures

7. Consultant's Obligations: Key responsibilities, deliverables, and performance standards expected from the consultant

8. Client's Obligations: Client's responsibilities, including provision of information, resources, and timely feedback

9. Intellectual Property Rights: Ownership and usage rights of marketing materials, content, and creative works produced

10. Confidentiality: Protection of confidential information exchanged during the engagement

11. Independent Contractor Status: Clarification that the relationship is one of independent contractor, not employment

12. Limitation of Liability: Extent and limitations of the consultant's liability for various types of losses or damages

13. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on consultant's work with competing businesses, used when the client has specific competitive concerns

2. Performance Metrics: Specific KPIs and measurement criteria, included when performance-based compensation is part of the agreement

3. Subcontracting: Terms for engaging subcontractors, included when the consultant may need to delegate work

4. Insurance: Required insurance coverage, included for high-value or high-risk marketing projects

5. Data Protection: Detailed data handling requirements, included when significant personal data processing is involved

6. Change Management: Process for modifying scope or deliverables, included for long-term or complex projects

7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID

8. Client Reference Rights: Terms for using client as a reference, included when portfolio rights are important to the consultant

Suggested Schedules

1. Schedule 1: Scope of Services: Detailed breakdown of specific marketing services, deliverables, and timelines

2. Schedule 2: Fee Schedule: Detailed fee structure, including hourly rates, project fees, and expense categories

3. Schedule 3: Key Personnel: Names and roles of key team members involved in providing the services

4. Schedule 4: Service Levels: Specific performance standards, response times, and quality metrics

5. Schedule 5: Approved Subcontractors: List of pre-approved subcontractors or suppliers, if applicable

6. Appendix A: Marketing Brief: Client's initial marketing requirements and objectives

7. Appendix B: Brand Guidelines: Client's branding requirements and style guide

8. Appendix C: Reporting Templates: Standard formats for progress reports and performance metrics

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions













































Clauses







































Relevant Industries

Retail

E-commerce

Professional Services

Technology

Healthcare

Financial Services

Hospitality

Real Estate

Education

Manufacturing

Media and Entertainment

Non-profit

Consumer Goods

Tourism

Relevant Teams

Legal

Marketing

Procurement

Finance

Operations

Business Development

Brand Management

Digital Marketing

Compliance

Contract Administration

Relevant Roles

Marketing Director

Chief Marketing Officer

Business Owner

Managing Director

Marketing Manager

Brand Manager

Digital Marketing Consultant

Marketing Coordinator

Procurement Manager

Legal Counsel

Contract Manager

Business Development Manager

Operations Manager

Project Manager

Finance Manager

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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