Freelance Marketing Contract Template for Australia

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Key Requirements PROMPT example:

Freelance Marketing Contract

"I need a Freelance Marketing Contract for a digital marketing specialist who will manage our social media accounts and email campaigns for 6 months starting January 2025, with potential for extension. The contract should include strict confidentiality provisions and clear KPIs for social media growth."

Document background
The Freelance Marketing Contract serves as a crucial legal framework for businesses engaging independent marketing professionals in Australia. This document is essential when companies need specialized marketing expertise without establishing an employment relationship. It addresses key aspects such as service scope, deliverables, compensation, intellectual property rights, and confidentiality, while ensuring compliance with Australian independent contractor laws, consumer protection regulations, and privacy requirements. The contract is particularly relevant in today's digital age where businesses increasingly rely on flexible, specialized marketing talent. It provides necessary protections for both the client and the contractor while maintaining clarity about the professional relationship and expectations.
Suggested Sections

1. Parties: Identification of the client and the marketing contractor, including ABN/ACN and contact details

2. Background: Context of the agreement and brief overview of the arrangement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of marketing services to be provided

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fees and Payment Terms: Compensation, payment schedule, and invoicing requirements

7. Intellectual Property Rights: Ownership and usage rights of marketing materials and creative works

8. Confidentiality: Protection of sensitive business information and trade secrets

9. Independent Contractor Relationship: Clarification of independent contractor status and not employment

10. Contractor's Obligations: Key responsibilities, deliverables, and performance standards

11. Client's Obligations: Client responsibilities, including provision of materials and approvals

12. Warranties and Representations: Guarantees regarding service quality and compliance with laws

13. Limitation of Liability: Extent and limits of contractor's liability

14. Insurance: Required insurance coverage to be maintained

15. General Provisions: Standard legal clauses including governing law, notices, and assignment

Optional Sections

1. Non-Compete: Restrictions on working with competitors (used when contractor has access to sensitive competitive information)

2. Performance Metrics: Specific KPIs and measurement criteria (used for performance-based contracts)

3. Subcontracting: Terms for engaging subcontractors (used when subcontracting is permitted)

4. Data Protection: Specific data handling requirements (used when dealing with personal or sensitive data)

5. Agency Relationships: Authority to act on behalf of client (used when contractor represents client to third parties)

6. Social Media Management: Specific terms for social media account access and management (used for social media marketing)

7. Crisis Management: Procedures for handling marketing-related crises (used for high-profile campaigns)

8. Content Approval Process: Detailed approval workflows (used for content-heavy marketing services)

Suggested Schedules

1. Schedule A - Service Description: Detailed breakdown of marketing services, deliverables, and timelines

2. Schedule B - Fee Schedule: Detailed pricing, payment terms, and any performance-based incentives

3. Schedule C - Brand Guidelines: Client's branding requirements and style guide

4. Schedule D - Approved Marketing Channels: List of authorized marketing platforms and channels

5. Schedule E - Key Personnel: Details of key team members and their roles

6. Appendix 1 - Reporting Templates: Standard formats for marketing performance reports

7. Appendix 2 - Approval Workflows: Documentation of content approval processes

8. Appendix 3 - Technical Requirements: Technical specifications for digital marketing deliverables

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Technology

Professional Services

Healthcare

Education

Financial Services

Hospitality

Real Estate

Manufacturing

Consumer Goods

Media and Entertainment

Non-profit

Telecommunications

Construction

Relevant Teams

Marketing

Legal

Procurement

Human Resources

Finance

Operations

Digital

Creative

Communications

Brand Management

Business Development

Relevant Roles

Marketing Director

Chief Marketing Officer

Marketing Manager

Digital Marketing Specialist

Content Marketing Manager

Social Media Manager

Brand Manager

Marketing Coordinator

SEO Specialist

PPC Manager

Email Marketing Specialist

Marketing Analytics Manager

Creative Director

Procurement Manager

Legal Counsel

HR Director

Business Development 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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