Freelance Marketing Contract Template for England and Wales

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Key Requirements PROMPT example:

Freelance Marketing Contract

"I need a Freelance Marketing Contract for my social media marketing services, focusing on Instagram and TikTok campaigns, with specific provisions for content ownership and a monthly retainer of £3,000 starting from March 2025."

Document background
The Freelance Marketing Contract is essential for establishing a professional relationship between independent marketing professionals and their clients in England and Wales. It outlines the scope of marketing services, deliverables, payment terms, and professional obligations while ensuring compliance with UK data protection and advertising regulations. This contract is particularly important for protecting intellectual property rights, maintaining confidentiality, and defining clear service expectations. It's designed to provide legal security for both parties while maintaining the flexible nature of freelance work.
Suggested Sections

1. Parties: Identification of the service provider (freelancer) and client, including full legal names and addresses

2. Background: Context of the agreement and brief description of the marketing services to be provided

3. Definitions: Key terms used throughout the contract defined for clarity

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

5. Payment Terms: Fees, payment schedule, expenses, and invoicing procedures

6. Term and Termination: Duration of the agreement and circumstances for termination

7. Intellectual Property Rights: Ownership and usage rights of created materials

8. Confidentiality: Protection of sensitive information shared during the engagement

Optional Sections

1. Data Protection: Additional terms for GDPR compliance and personal data processing

2. Non-Compete: Restrictions on working with competitors during and after the engagement

3. Service Level Agreement: Specific performance metrics and standards for service delivery

4. Force Majeure: Provisions for handling unforeseen circumstances and events beyond parties' control

Suggested Schedules

1. Schedule 1: Scope of Services: Detailed breakdown of marketing activities and deliverables

2. Schedule 2: Fee Schedule: Detailed breakdown of fees and payment structure

3. Schedule 3: Key Performance Indicators: Metrics for measuring success of marketing activities

4. Schedule 4: Brand Guidelines: Client's branding requirements and specifications

5. Appendix A: Data Processing Agreement: Detailed terms for handling personal data if required under GDPR

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
Industries

Supply of Goods and Services Act 1982: Primary legislation governing the provision of services, setting out implied terms and obligations in service contracts

Consumer Rights Act 2015: Legislation protecting consumer rights when applicable to client relationships, ensuring fair treatment and transparent terms

Data Protection Act 2018 and UK GDPR: Legal framework for handling personal data, crucial for marketing activities and data processing

Copyright, Designs and Patents Act 1988: Protects intellectual property rights in marketing materials and creative works

Trade Marks Act 1994: Governs the use and protection of trademarks in marketing activities

Employment Rights Act 1996: Helps establish clear distinction between freelance and employment status to avoid misclassification

IR35 Legislation: Tax regulations determining contractor status and tax implications for freelance work

Misrepresentation Act 1967: Protects against false statements and misrepresentations in business relationships

Competition Act 1998: Ensures fair competition and prevents anti-competitive practices in marketing services

Business Protection from Misleading Marketing Regulations 2008: Regulates business-to-business marketing practices and prevents misleading advertising

Privacy and Electronic Communications Regulations (PECR): Specific rules for electronic marketing, including email marketing and cookie usage

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, setting standards for marketing communications

Consumer Protection from Unfair Trading Regulations 2008: Protects against unfair commercial practices and misleading marketing actions

Common Law Contract Principles: Fundamental principles including offer, acceptance, consideration, and intention to create legal relations

ASA Guidelines: Advertising Standards Authority guidelines governing marketing practices and advertising standards in the UK

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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