Freelance Marketing Contract Template for India

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Key Requirements PROMPT example:

Freelance Marketing Contract

"I need a Freelance Marketing Contract for a tech startup engaging a digital marketing specialist for a 6-month project starting January 2025, focusing on social media management and content creation, with monthly performance targets and the possibility of extension based on KPIs."

Document background
The Freelance Marketing Contract is essential for businesses in India engaging external marketing expertise without establishing permanent employment relationships. This document is particularly relevant in today's digital age where companies increasingly rely on flexible, specialized marketing talent. The contract, governed by Indian law, comprehensively covers service scope, deliverables, payment terms, intellectual property rights, and confidentiality while ensuring compliance with relevant Indian legislation including the Indian Contract Act, Information Technology Act, and advertising regulations. It's designed to protect both the client's business interests and the freelancer's professional rights while maintaining clarity in project expectations, timelines, and compensation structures.
Suggested Sections

1. Parties: Identification of the client and the freelance marketing professional/agency, including full legal names, addresses, and contact details

2. Background: Context of the agreement, including the client's need for marketing services and the freelancer's qualification to provide them

3. Definitions: Key terms used throughout the agreement, including Marketing Services, Deliverables, Intellectual Property, etc.

4. Scope of Services: Detailed description of the marketing services to be provided, including specific responsibilities and deliverables

5. Term and Timeline: Duration of the agreement and key project milestones

6. Payment Terms: Fee structure, payment schedule, invoicing process, and any applicable taxes

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

8. Confidentiality: Protection of confidential information and trade secrets

9. Representations and Warranties: Promises made by both parties regarding their capacity and ability to fulfill obligations

10. Termination: Conditions and process for ending the agreement

11. Indemnification: Protection against third-party claims and damages

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for dispute resolution

Optional Sections

1. Non-Compete: Restrictions on working with competing clients, used when handling sensitive market information or strategies

2. Performance Metrics: Specific KPIs and performance evaluation criteria, used for performance-based contracts

3. Subcontracting: Terms for engaging additional professionals, used when the freelancer may need to delegate work

4. Data Protection: Specific provisions for handling personal data, used when marketing involves customer data processing

5. Social Media Management: Specific terms for social media account access and management, used when social media marketing is involved

6. Client Obligations: Specific responsibilities of the client, used when significant client input or resources are required

7. Force Majeure: Provisions for unforeseen circumstances, used in longer-term engagements

8. Insurance: Requirements for professional liability insurance, used for high-value or high-risk marketing campaigns

Suggested Schedules

1. Schedule A - Scope of Work: Detailed breakdown of marketing services, deliverables, and specific project requirements

2. Schedule B - Fee Schedule: Detailed fee structure, payment milestones, and any variable compensation components

3. Schedule C - Timeline: Detailed project timeline, milestones, and delivery schedules

4. Schedule D - Brand Guidelines: Client's branding requirements and guidelines

5. Schedule E - Approved Tools and Platforms: List of authorized marketing tools, platforms, and software to be used

6. Appendix 1 - Reporting Templates: Standard templates for performance reports and analytics

7. Appendix 2 - Compliance Checklist: Marketing compliance requirements and regulatory guidelines

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

Technology

E-commerce

Retail

Healthcare

Education

Financial Services

Real Estate

Hospitality

Manufacturing

Consumer Goods

Professional Services

Entertainment

Non-profit

Telecommunications

Fashion and Luxury

Relevant Teams

Marketing

Legal

Procurement

Human Resources

Finance

Operations

Business Development

Creative Services

Communications

Digital

Brand Management

Project Management

Relevant Roles

Marketing Director

Chief Marketing Officer

Brand Manager

Digital Marketing Manager

Content Marketing Manager

Marketing Coordinator

Procurement Manager

Legal Counsel

Human Resources Manager

Operations Manager

Business Development Manager

Project Manager

Finance Manager

Creative Director

Communications 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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