Agency contracts
Agency contract: The foundation for a successful partnership with your agency
A good agency contract establishes clear rules for the partnership between a company and an agency. It defines services, responsibilities, remuneration, processes and other key terms and conditions, thereby reducing financial and operational risks in day-to-day business.FRANCIS DRAKE supports companies and public sector clients with all communication-related and commercial requirements for agency contracts.
In doing so, we combine the experience gained from having supported more than 200 agency selection processes with over 50 years of collective experience in marketing, communication and agencies.
We advise you on the following types of contract, amongst others:
- Traditional retainer contract
- Lead agency contract
- Agency framework agreement
- Project contract
- Project/individual assignment
- Pitch contract
- Maintenance contract
- Employment contract
- Contract for freelancers
- Managing director contract
- Contract for photography, music and moving image productions
- Model and testimonial contract
Typical weaknesses in agency contracts
In our experience, problems in working relationships often arise not because of specific legal wording, but because of unclear provisions relating to communication and financial matters.1. Unclear scope of work
It is not clearly defined which services are included in the agreed fee and which services must be commissioned separately.
2. Unclear roles and responsibilities
The client, lead agency and specialist agencies have differing views on who is responsible for specific tasks.
3. Lack of process rules
Briefings, approvals, reporting, coordination and escalation procedures are not sufficiently defined.
Our recommendation
A good agency contract should therefore not only be legally sound, but above all reflect the actual working relationship between the client and the agency.Put our expertise to the test and send us your agency contract. Within 24 hours, you will receive a free quick review of the communication-related provisions it contains, including specific recommendations for improvement.
FRANCIS DRAKE advises on the communications-related and commercial requirements of agency contracts. The legal review and drafting are carried out by your in-house legal department or – where necessary – by specialist solicitors. Here, we work closely with your contacts upon request, or recommend our trusted network partner ESCH BAHNER LISCH in Cologne (for further information, see Partner Network).
