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Simple Marketing Contract

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Simple Marketing Contract

As with all businesses, contracts are part and parcel of many marketing agencies, regardless of whether its an agreement with their clients or their contractors. Even for simple marketing gigs, a contract is necessary to ensure that boundaries are observed, and trust is assured. A Marketing contract agreement is a legal bond that cements your relationship with the client.

It is the proof needed by both parties to the existence of a mutual agreement. It also guarantees that all parties understand the terms and conditions of the agreement and are aware of the roles they are expected to play. The contract also dictates the boundaries within the agreement, this details how much work you are expected to do and the role the client is to play.

The marketing agreement contract also prevents tasks from expanding and becoming more than they were agreed to be. It establishes respect and mutual understanding from both parties throughout the project. As a freelance marketer, this becomes an essential document to make certain that you are not taken advantage of. In other words, you will not find yourself bombarded with other duties that are not stipulated in the contract. It also protects the client's interest and that is the reason to have them agree to the terms of the contract from the onset.

Not all marketing agency contracts are complex documents with hundreds of pages that require lawyers. Some contracts are straightforward. Some marketing contracts are entered informally via a telephone conversation or a series of emails!

As a marketing consultant, you will enter into contracts from time to time with clients. When entering into a simple marketing contract, some cautions need to be observed if you are to have a smooth relationship with your clients. One simple marketing contract PDF can result in many others, therefore ensure that you take all precautions to have things run smoothly. A marketing contract agreement helps you establish a professional relationship with the client and one that can easily recur.

Most of these issues relate to transparency and content of the marketing contract instead of the firm or organization. This doesn't mean that the marketing contract shouldn't be well structured. However, even the best-structured marketing contract can come full of vague clauses will make the future business a nightmare.

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Simple Marketing Contract Do's and Don'ts

The importance, potential risk, value and complexity of the project will determine how many clauses your marketing contract will have. And not just that, the clauses must be clear and concise. You can't afford to have loopholes because of vague clauses even as a freelancer. 

First of all:

  1. Do make sure to inquire whether the person you are dealing with can bind the business you are contracting with if they are not a director. If you have to research this, ensure that you do. Entering a contract even a simple marketing agreement template has legal risks, which you should be careful about. Therefore, understanding the capacity of the individual you are contracting is a smart way to protect your interest.
  2. Do consider that some of the information discussed in the initial stages could be confidential to the client. Remember that the process of getting into a contract involves the revelation of some confidential information. Some of this information can be very sensitive to the client. It is, therefore, of great significance to clearly define what confidential information is to you and what it is to the client. Detail what happens in case any of the two parties discloses this kind of information. 
  3. Do remember to always mark non-contract documents as "not legally binding" or "subject to contract." This action is mainly during the correspondence phase, not when the simple marketing contract is being signed. 
  4. Do consider if there could be an anti-poaching clause. By offering excellent services, you run the risk of having the other business poach your staff and absorb them into their business, basically stealing your business tactics. The simple marketing contract PDF, therefore, must detail the repercussions that could come about as a result of such actions from both parties.

But at the same time:

  1. Don't mislead anyone. Make sure that you give deliberate information that will not be misconstrued by your clients later on. These comments, even in passing can then wreak havoc on the best business relationship. Don't include phrases that can have several meanings or that can hold another meaning from the one intended. Read through it as a third party and see whether there is anything that needs to be changed. Anything that doesn't look clear enough should be addressed before signing the contract. Have the client go through the contract together with you so that both parties can be on the same page. 
  2. Don't enter into a marketing contract by mistake. If you feel like the terms you had offered are not justifiable, make sure the client later knows of this instead of entering into a non-profitable contract. Don't agree to terms that don't favor you, thinking you can talk about it later on. A marketing contract agreement is a legal binding document that can result in legal consequences. In case of a breach in contract, a lot of damage to your agency or reputation can occur. Make certain that everything is specified from the scope of work to the payment process to avoid unnecessary conflicts.
  3. Don't offer inducements, especially if you feel like the field is very competitive. Give your best terms, and hope for the best after submitting your marketing agreement template. Giving someone an incentive to select you is wrong. If indeed they take it and give you the business, they may use this single incident to take more from you than you were prepared to give. Not everyone out there is professional in the way they do things. So ensure that you don't come off as desperate enough to be taken advantage of. Some individuals can accept an incentive only so that they can use that weakness against you in the course of the project or during payment.
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Contract Terms and Termination

It is also essential to make sure that terms of engagement are clear. Even for a simple marketing contract, you will need to know when the agreement comes into force, and when each party can end the engagement earlier than expected. 

Please make sure that no party has the option of terminating the marketing contract just because they can. Make clear under which circumstances is termination allowed by either party.  Ensuring this clause is clear will work to protect the interest of both parties. A sensible reason that can be included as a reason for termination of marketing contract agreement can include when there is a breach in the contract like when work isn't done or when payment is not done right. Sudden termination can hurt business in serious ways. This can cause considerable losses concerning time and resources you have invested to meet that client's needs. 

Another important clause to agree on is the notice given before termination. Agree on how long it takes after the notice is issued before the contract is terminated. Important questions that this art of the marketing agreement template should answer include, how much the client will ay in case of abrupt termination. Does the client pay for work done until termination or for the full agreed amount of the whole project? Will you have to pay anything in case you are the one pulling out of the deal? And if there were any down payments done, are you expected to make refunds and what percentage?

This clause is best put in writing so that there is a reference point in case disagreements arise later on and one party wants to terminate the contract.

Conclusion

A simple marketing contract allows you to enter into a non-complex marketing project that doesn't require too many details except the expression of consent by the client. However, as simple as it is, the contract may save you from a headache down the road. Don't allow friendship to cloud the fact that professionalism in business is mandatory. 

No matter how simple things seem or how friendly you may be, maintain professionalism all through. One way to be professional is by signing a marketing contract to protect not only your freelance reputation but even the friendship you have. It is always safer to invest in a professionally drafted marketing agreement template for all your projects.

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