Marketing Consultant Contract Generator for England and Wales

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Key Requirements PROMPT example:

Marketing Consultant Contract

"I need a Marketing Consultant Contract for a six-month digital marketing project starting January 2025, with specific provisions for social media management and content creation, including strict data protection clauses due to our financial services client base."

Document background
The Marketing Consultant Contract is essential for businesses seeking to engage external marketing expertise while maintaining clear professional boundaries and expectations. This contract, governed by English and Welsh law, defines the consultant's scope of work, deliverables, payment terms, and protection of intellectual property. It addresses modern marketing considerations including digital assets, data protection, and online advertising regulations. The document is particularly relevant in today's dynamic marketing landscape where businesses increasingly rely on specialized external expertise for their marketing strategies and campaigns.
Suggested Sections

1. Parties: Details of the client and consultant

2. Background: Context and purpose of the agreement

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 and termination provisions

6. Fees and Payment: Compensation structure and payment terms

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

8. Confidentiality: Protection of sensitive information

9. Data Protection: Compliance with data protection laws and regulations

Optional Sections

1. Non-Compete: Restrictions on working with competitors - use when protecting market position is crucial

2. Performance Metrics: Specific KPIs and targets - use when measuring success through specific metrics

3. Insurance: Required insurance coverage - use when specific risks need to be covered

4. Force Majeure: Provisions for unforeseen circumstances - use when long-term commitment is involved

Suggested Schedules

1. Schedule 1: Services Description: Detailed breakdown of marketing services

2. Schedule 2: Fee Schedule: Detailed pricing and payment structure

3. Schedule 3: KPIs: Performance metrics and targets

4. Appendix A: Brand Guidelines: Client's branding requirements

5. Appendix B: Data Processing Agreement: Detailed data handling procedures and GDPR compliance requirements

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 Industries
Relevant Teams
Relevant Roles
Industries

Common Law of Contract: Fundamental principles governing contract formation, performance, and enforcement in England and Wales

Consumer Rights Act 2015: Legislation protecting consumer rights, relevant if the marketing consultant deals with consumer-facing activities

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts, particularly exclusion and limitation clauses

Misrepresentation Act 1967: Governs false statements made during contract negotiations that induce parties to enter into contracts

UK General Data Protection Regulation (UK GDPR): Post-Brexit data protection regulation governing the processing of personal data in the UK

Data Protection Act 2018: The UK's implementation of data protection laws, working alongside UK GDPR

Privacy and Electronic Communications Regulations (PECR): Specific rules for electronic marketing, including emails, cookies, and direct marketing

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

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

Employment Rights Act 1996: Relevant for establishing clear contractor status and avoiding misclassification as employment

IR35 Legislation: Off-payroll working rules determining tax status of contractors and consultants

Agency Workers Regulations 2010: Regulations affecting relationships between agencies, contractors, and end clients

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices in marketing and advertising

Electronic Commerce (EC Directive) Regulations 2002: Governs electronic commerce and online marketing activities

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

Competition Act 1998: Regulates anti-competitive behavior and market practices

Enterprise Act 2002: Additional competition law provisions affecting business practices

Bribery Act 2010: Anti-corruption legislation affecting business relationships and promotional activities

Financial Services and Markets Act 2000: Regulates marketing of financial products and services, if applicable to the consultant's work

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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