Creating a Professional Marketing Consulting Agreement

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

When it comes to projects that involve marketing consulting, having a legally-binding agreement in place is essential. At Genie AI, we understand why it’s so important to have a professional agreement before getting started and thus, have created the world’s largest open source legal template library to help make the process easier. Our millions of data points enable our Artificial Intelligence (AI) platform to understand what a market-standard consulting agreement looks like - meaning anyone can draft and customize high quality legal documents without seeking out expensive legal advice.

It is key that when entering into such an agreement, both parties consider the scope of the project - from length, payment terms and services included, to confidentiality of work and intellectual property rights associated with any deliverables. The document should also provide protection for both consultant and client alike by outlining obligations for each party and how disputes can be resolved - particularity if the project length covers multiple months or involves significant financial investment.

In addition, there must also be clauses in place that ensure appropriate compensation for all involved – this could include payment upon completion of the contract or retainers - so neither party gets left out of pocket at any point during proceedings.

At Genie AI, we provide free marketing consulting agreements templates including these provisions as well as step-by-step guidance on how best to approach creating an effective document that works for you and your clients. If you’re looking for an easy way to draw up professional contracts with minimal stress involved then visit our website today!

Definitions

Deliverables: Items or documents that are expected to be created or provided as a result of a project or agreement.
Timeline: A plan that outlines the steps and deadlines for completing a project.
Scope of services: The range of tasks and responsibilities that a consultant will provide.
Rate of pay: The amount of money that a consultant will be paid for their services.
Payment schedule: A plan for when payments will be made for the consultant’s services.
Roles and tasks: The specific duties and responsibilities that each party will undertake in a project.
Disputes: Conflicts or disagreements between two parties.
Deadlines: A set time when a task must be completed.
Milestones: Points in a timeline that indicate the completion of a specific task.
Confidential information: Private or sensitive data that must be kept secure.
Penalties: Consequences for breaking an agreement.
Breach of contract: A violation of the terms of an agreement.
Quality standards: A set of criteria that must be met in order to be accepted.
Acceptance criteria: The conditions that must be met in order for a project to be accepted.
Frequency of communication: How often two parties should communicate.
Preferred communication methods: The specific ways in which two parties should communicate.
Termination procedure: The steps that must be taken to legally end an agreement.
Copyright: A legal right that gives the creator of an original work exclusive control over how the work is used.

Contents

1. Defining the scope of the consulting agreement
2. Listing out the deliverables
3. Establishing the timeline
4. Describing the scope of services
5. Establishing payment terms
6. Determining rate of pay
7. Setting payment schedule
8. Specifying payment method
9. Listing out responsibilities of both the consultant and the client
10. Establishing roles and tasks of each party
11. Agreeing upon how to handle any disputes
12. Providing a timeline for the project
13. Establishing deadlines
14. Setting milestones
15. Outlining confidentiality arrangements
16. Specifying confidential information
17. Describing penalties for breach of confidentiality
18. Discussing the consequences of breach of contract
19. Defining breach of contract
20. Specifying penalties
21. Setting expectations for the end product
22. Defining quality standards
23. Describing acceptance criteria
24. Setting expectations for communication
25. Establishing frequency of communication
26. Identifying preferred communication methods
27. Specifying the termination procedure
28. Defining conditions for termination
29. Setting parameters for ending the contract
30. Agreeing upon the ownership of the work product
31. Establishing who owns the copyright
32. Describing how the client can use the work product

Get started

Defining the scope of the consulting agreement

• Carefully review the scope of work that will be provided by the marketing consultant, including any services that are not part of the agreement
• Include any details about the scope of work, specific timelines, and any other expectations that you have for the agreement
• Determine the length of the agreement and any renewals or extensions that may be available
• Establish a clear timeline for the completion of the project and any milestones that need to be met in order to ensure the project is completed on time
• Make sure that all parties involved are in agreement about the scope of the project and any changes that may be needed along the way
• Finalize the scope of the agreement and make sure that it is clearly stated in the contract

Listing out the deliverables

• Brainstorm the deliverables that need to be agreed upon, including what services will be provided, the expected outcome, and when the deliverables should be completed
• Take your initial list and break it down into more detailed tasks and milestones
• Make sure that the deliverables are specific and measurable
• Ensure that the deliverables are achievable and realistic
• Clarify the deliverables with your client to ensure that you are both on the same page
• Add the deliverables to the consulting agreement
• Once the deliverables have been added to the agreement, review them with the client again to make sure that they are all in agreement
• After the deliverables are added and agreed upon, you can move on to the next step: Establishing the timeline

Establishing the timeline

• Determine the start date of the agreement and the duration of the services.
• Establish milestones and deadlines for deliverables.
• Include a termination clause outlining the conditions for ending the agreement.
• Include an auto-renew clause to ensure that the agreement is extended unless otherwise stated.
• Specify the payment terms, including the total amount due and the payment schedule.

How you’ll know when you can check this off your list and move on to the next step:

• You will know you have completed this step when the agreement includes a timeline of the services, milestones, deadlines, and payment terms.

Describing the scope of services

• Define the marketing services that will be included in the agreement.
• Describe the specific deliverables that the consultant is expected to provide.
• Make sure to explain the tasks and responsibilities of both the consultant and the client.
• Be as detailed as possible and include as much information as needed to ensure that the scope of services is clearly defined.
• When finished, review the scope of services to ensure that all parties understand the details and expectations.

You’ll know that you can check this step off your list and move on to the next step when you have a clear and detailed description of the marketing services included in the agreement, as well as the specific deliverables that the consultant is expected to provide.

Establishing payment terms

• Discuss and mutually agree on the payment terms. This should include the payment due date and the method of payment (e.g. check, bank transfer, etc.).
• Determine the payment schedule. Will the client pay in one lump sum, or will they make payments over a certain period of time?
• Specify any late payment fees that may apply if the client fails to make payment on time.
• Include any discounts that may be offered for early payment or for bulk payments.
• When you have established the payment terms, include them in the agreement.

You’ll know you can check this off your list when you have agreed on the payment terms with the client and have included them in the agreement.

Determining rate of pay

• Discuss with the client what rate the consultant should be paid.
• Consider the value the consultant is providing, their experience and the amount of time they are committing to the project.
• Agree on an hourly rate or a flat fee for the entire project.
• Outline any additional expenses that may incur, such as travel expenses and materials.
• Add the rate of pay and any additional expenses to the contract.
• When satisfied with the rate of pay, move on to setting a payment schedule.

Setting payment schedule

• Decide on the payment schedule for services provided (e.g. monthly, quarterly, or annual payment)
• Agree on the total amount to be paid and the due date for each payment
• Specify how often and when the payments are due
• Include late payment fees and any other applicable fees
• Once the payment schedule has been established, include it in the agreement
• Once the payment schedule is established, the next step is to specify the payment method.

Specifying payment method

• Determine whether the client will be paying the consultant a one-time fee or an ongoing fee.
• Decide on a payment method such as cash, check, credit card, PayPal, or other online payment services.
• Describe the payment method in detail in the agreement.
• Include how the client should make payments and when they are expected to be made (e.g. Quarterly or monthly).
• Specify any fees associated with the payment method.

When you can check this off your list and move on to the next step:

• Once you have specified the payment method and included all relevant details in the agreement, you can move on to listing out the responsibilities of both the consultant and the client.

Listing out responsibilities of both the consultant and the client

• List out the exact responsibilities of the consultant, such as providing marketing advice, developing marketing plans and strategies, and recommending marketing tactics
• List out the exact responsibilities of the client, such as providing necessary information to the consultant, implementing the consultant’s advice, and providing feedback on the consultant’s work
• Include any other responsibilities both parties have agreed upon
• Once all the responsibilities of each party have been listed, review and make sure they are all accurate and acceptable by both the consultant and the client.

Establishing roles and tasks of each party

• Outline the scope of services to be provided by the consultant
• Specify any special services to be provided
• List out any tasks the client is responsible for
• Establish the length of the contract
• Outline the payment terms for the consultant
• Identify any milestones to be met

Once all the roles and tasks of each party have been established and agreed upon, this step can be checked off and the next step can be completed.

Agreeing upon how to handle any disputes

• Decide on a preferred method of dispute resolution such as arbitration, litigation, or mediation
• Create a clause in the agreement that outlines the procedure to be followed in the event of a dispute, including the chosen form of resolution
• Make sure the clause is fair to both parties and is legally binding
• Once the clause is in place and both parties agree to it, you can move on to the next step of providing a timeline for the project

Providing a timeline for the project

• List out the projected timeline for the project, including when the project will begin and end, as well as any milestones that need to be achieved in between.
• Be sure to include provisions for any delays or changes in the timeline.
• Determine how progress reports will be shared and how often.
• Once the timeline and progress report requirements are agreed upon, you can check this off your list and move on to establishing deadlines.

Establishing deadlines

• Set a deadline for when the project should be completed
• Determine any interim deadlines for interim deliverables
• Note any dates for payment of services and/or products
• Agree on a date for a final evaluation of the project
• Finalize the agreement by signing and dating it.

You can check this step off your list when all the deadlines have been agreed upon and the agreement has been finalized.

Setting milestones

• Decide on the number, size and scope of milestones that will be established in the agreement
• Identify what criteria will be used to measure the successful completion of each milestone
• Describe the results expected from each milestone in detail, including any deliverables
• Establish the timeline for each milestone, including the start and end dates
• Agree on the payment schedule for each milestone
• Specify when the client should provide feedback about the progress of the project
• Determine who will be responsible for each milestone and any associated tasks
• Outline any additional requirements for each milestone

Once you have established all the milestones for the project, you can move on to the next step in creating your professional marketing consulting agreement.

Outlining confidentiality arrangements

• Prepare a confidentiality clause that outlines the agreement between both parties
• This clause should include a statement that the consultant is not allowed to disclose confidential information to any third party to protect the client
• Include provisions to ensure that any confidential information disclosed by the client is protected, including that the consultant must not use any confidential information for their own use or benefit
• Specify the term of the agreement, including when the agreement begins and the period of time in which the confidentiality clause will remain in effect
• Determine who will own the intellectual property rights to any work created under the agreement
• Clarify that the agreement does not prevent the consultant from using their general skills and knowledge gained during the work for other projects

When you have completed the steps for outlining confidentiality arrangements, you can move on to the next step of specifying confidential information.

Specifying confidential information

• Determine what confidential information needs to be specified in the agreement
• Identify any trade secrets, proprietary information, intellectual property, or other information that needs to be kept confidential
• Draft a clause in the agreement that defines confidential information, specifying what is and is not confidential
• Include a provision that requires the parties to keep confidential information secure and not share it without written consent
• Require parties to notify each other if any confidential information is accidentally disclosed
• Once the clause is drafted and both parties have agreed to it, you can check this step off your list and move on to the next step.

Describing penalties for breach of confidentiality

• Establish the penalties for any breach of confidentiality in the agreement
• Consider including contract termination, liquidated damages, and/or injunctive relief
• Specify the consequences for failing to comply with the confidentiality agreement
• Make sure that the penalties are proportional and reasonable
• Once you’ve included the penalties for breach of confidentiality in the agreement, you can move onto discussing the consequences of breach of contract.

Discussing the consequences of breach of contract

• Outline the consequences of breaching the agreement, such as financial penalties, legal action, or termination of the agreement
• Review the consequences with both parties involved in the agreement and make sure they are clear on the potential ramifications of not adhering to the agreement
• Include a clause in the agreement addressing the consequences of breach of contract
• Make sure that both parties sign the agreement, indicating that they understand the consequences of breach
• Once the agreement has been signed by both parties, you can check this step off your list and move on to the next step of defining breach of contract.

Defining breach of contract

• Review the definition of breach of contract and ensure that both parties understand the meaning of breach.
• Outline the circumstances that would constitute a breach of contract.
• Outline the consequences for breaching the contract.
• Specify the duties of the party in breach.
• Discuss the remedies available for breach of contract.
• Agreement should contain a clause allowing either party to terminate the contract in the event of a breach.
• Discuss any potential remedies that may be available to the non-breaching party in the event of breach.
• Get both parties to sign the agreement and indicate their understanding of the breach of contract clause.

Once all of these points have been addressed and discussed, you can check this step off your list and move on to the next step.

Specifying penalties

• Decide on the penalty for breach of contract and write it into the agreement
• Include any costs or damages that the violating party may be required to pay
• Specify any additional remedies that are available to the other party
• Include a clause stating that any penalty should not be considered as a limit on damages that could be incurred
• Check that the penalties specified are legally enforceable
• Make sure that both parties sign and date the agreement to signify their agreement on the penalty for breach of contract
• Once both parties have signed and dated the agreement, you can move on to setting expectations for the end product.

Setting expectations for the end product

• Agree on the scope of the project and the timeframe for completion
• Determine what the consultant will produce and by when
• Establish a timeline for the project and include milestones
• Set expectations for communication between the parties
• Create a timeline for review and approval of work
• Confirm expectations for deliverables
• Document how payment will be made for completed work
• Determine how disputes will be resolved
• Set expectations for how changes to the project will be managed
• Outline the rights and responsibilities of both parties
• Sign and date the agreement

When this step is completed, you will have an agreement that outlines the expectations for the project, the deliverables, and the timeline for completion.

Defining quality standards

• Clearly define the quality standards for the consulting service that will be provided by the consultant.
• Identify what measures will be taken to ensure the quality standards are met.
• Include a clause that states any services that do not meet quality standards must be corrected or replaced.
• Specify what type of review and testing will be done to ensure quality control.
• Detail any penalties that may be applied for failure to meet the quality standards.
• Once the quality standards have been defined, the agreement should be reviewed and signed by both parties.

Describing acceptance criteria

• Establish a system of criteria to measure performance throughout the project
• Determine who will be responsible for regularly assessing the criteria
• Discuss with the consulting team what metrics will define success
• Outline any specific protocols that must be followed for acceptance of deliverables
• Agree on a timeline for when the criteria must be met
• Decide how you will handle any discrepancies or disagreements related to acceptance of deliverables
• Set expectations for when the criteria must be met to move on to the next phase of the project
• Make sure the criteria and acceptance process is included in the final marketing consulting agreement

Setting expectations for communication

• Discuss the desired frequency of communication between the marketing consultant and the client
• Agree on a preferred method of communication (e.g. email, video conference, phone call)
• Set out a timeline for when the consultant should provide updates to the client
• Outline the process for resolving any misunderstandings or disputes that may arise
• Establish the terms and conditions for when the consultant will be available to answer client queries
• Decide on the expectations for responding to client requests in a timely manner
• When the expectations have been set, document them in the agreement

How you’ll know when you can check this off your list and move on to the next step:

• Once the expectations for communication between the marketing consultant and the client have been discussed and documented in the agreement, the step is complete and you can move on to the next step.

Establishing frequency of communication

• Discuss with the client how often you will communicate with each other
• Agree on a timeline for regular meetings or phone calls to ensure that both parties are on the same page
• Determine the best communication methods for each party (e.g. email, phone, text, etc.)
• Make sure to document the agreed frequency of communication and communication methods in the marketing consulting agreement
• Once the agreement is finalized, you can check this step off your list and move on to the next step.

Identifying preferred communication methods

• Determine the best communication methods for both parties, such as phone calls, emails, video conferencing, etc.
• Ensure that both parties have access to the necessary technology to communicate in the preferred method.
• Outline expectations for response time, such as how quickly emails or phone calls should be answered.
• Agree on the primary form of communication for the project.

Once you have identified the preferred communication methods, you will know you can move on to the next step: specifying the termination procedure.

Specifying the termination procedure

• Outline the circumstances under which the agreement can be terminated, including any early termination fees
• Decide whether either party will be able to terminate the agreement before its scheduled expiration date
• Specify a notice period for termination of the agreement
• Determine the method for delivering the termination notice
• Specify if any unused fees will be refunded

Once you have outlined the conditions for termination and finalized the details, you can check this step off your list and move on to the next step.

Defining conditions for termination

• Determine the conditions for termination of the contract - this could be due to unsatisfactory performance, breach of contract, or other reasons
• Make sure to include a clause that specifies the consequences of termination and any associated financial penalties, if applicable
• When drafting your agreement, ensure that the conditions for termination are clearly stated, and that both parties are aware of the potential repercussions of ending the contract
• Once you have finalized the termination conditions, you can check this step off your list and move on to setting parameters for ending the contract.

Setting parameters for ending the contract

• Create a clause that outlines the conditions under which either party can terminate the agreement
• Specify the notice requirements for each party’s termination of the contract
• Detail the termination process, including any conditions for paying any remaining fees or payments
• Include a clause that outlines the consequences of terminating the agreement
• When all terms of the termination have been agreed upon and included in the agreement, you can move on to the next step.

Agreeing upon the ownership of the work product

• Decide who will own the work product created as part of the consulting agreement.
• Determine who will retain the intellectual property rights over the work and materials created.
• Draft a clause in the agreement that outlines the ownership of the work product.
• Negotiate the terms for ownership of the work product with the other party.
• Incorporate the agreed upon terms for ownership of the work product into the final contract.

Once you have agreed upon the ownership of the work product, you can move on to the next step which is establishing who owns the copyright.

Establishing who owns the copyright

• Understand who the parties are in the agreement and the scope of the agreement
• Determine who will own the copyright for any work product created for the client
• Define the parameters for ownership in the marketing consulting agreement
• Outline how the copyright will be transferred and what rights the client will have to use the work product
• Determine if the work product can be used in other areas, such as promotional materials
• Clarify any restrictions that may apply to the use of the work product
• Once you have defined the ownership of the copyright and outlined the applicable restrictions, you can check this step off your list and move on to the next step.

Describing how the client can use the work product

• Explain the scope of the agreement and how the client can use the work product
• Specify any restrictions on how the client can use the work product
• Identify any limitations on the work product, such as the length of time it can be used or the number of people it can be shared with
• Address any licensing requirements for the work product
• Outline the terms of any warranties or promises related to the work product

Once you have outlined all of these factors, you can move on to the next step in creating your professional marketing consulting agreement.

FAQ

Q: Does the agreement need to be signed by both parties?

Asked by William on March 19th 2022.
A: Yes, it is essential that both parties sign a professional marketing consulting agreement in order to make it legally binding. It is a good idea to also have each party keep a copy of the signed agreement. A witness may also be necessary depending on the jurisdiction of the agreement.

Q: What if either party breaches the agreement?

Asked by Olivia on February 14th 2022.
A: If either party breaches the agreement, then legal action can be taken against them. Depending on the terms of the agreement, this could involve a variety of options such as compensation or termination of the contract. It is important to ensure that all parties are aware of their obligations and any breach clauses within the agreement prior to signing it.

Q: What other documents should I include with my professional marketing consulting agreement?

Asked by Noah on May 5th 2022.
A: Depending on your specific situation, there may be additional documents that should be included with your professional marketing consulting agreement. These could include additional agreements and documents such as job descriptions, non-disclosure agreements, and intellectual property agreements. It is important to ensure that all documents are up-to-date and relevant to your particular situation and jurisdiction.

Q: Is it possible to terminate a professional marketing consulting agreement early?

Asked by Emma on July 4th 2022.
A: Yes, it is possible to terminate a professional marketing consulting agreement early in certain circumstances. It is important to ensure that all parties are aware of any termination clauses within the contract prior to signing it and that any terminations are done according to these terms. In some cases, it may be necessary to negotiate an early termination with both parties in order for it to be legally binding.

Q: How does a professional marketing consulting agreement differ from a standard contract?

Asked by Mason on June 9th 2022.
A: Professional marketing consulting agreements generally differ from standard contracts in that they are designed specifically for marketing related services such as website design, social media management, and content creation. These agreements typically outline specific details such as deliverables, payment terms, project timelines, and other requirements related to these services. Additionally, they may include clauses related to intellectual property and confidentiality in order to protect both parties involved in the agreement.

Q: What should I consider when drafting a professional marketing consulting agreement?

Asked by Abigail on April 28th 2022.
A: When drafting a professional marketing consulting agreement, there are several key factors to consider in order to ensure that all parties involved are protected and that the agreement is legally binding. These include addressing topics such as jurisdiction (state or country), payment terms (milestones or lump sum), scope of services (what is included/excluded), timeline (start/end dates), client rights/responsibilities (e.g., approval rights), and intellectual property ownership/usage rights (who owns what). Additionally, it is important to consult an attorney with experience in business law prior to signing any legal documents or contracts in order to ensure your rights are protected and that all clauses are legally binding in your specific jurisdiction.

Q: What if I need my services delivered remotely?

Asked by Benjamin on August 22nd 2022.
A: In most cases, remote delivery of services can be included in a professional marketing consulting agreement provided that all parties agree and are aware of any potential issues this may cause (such as language barriers or time zone differences). It is important that the scope of work outlined in the agreement is clear so that all parties understand what will be delivered remotely and what will be delivered on-site if necessary. Additionally, consideration should be given to how remote delivery will affect payment terms (if applicable).

Q: Is there any difference between UK vs USA vs EU jurisdictions when it comes to professional marketing consulting agreements?

Asked by Sophia on November 12th 2022.
A: Yes, there can be significant differences between UK vs USA vs EU jurisdictions when it comes to professional marketing consulting agreements due to variations in laws and regulations relating to businesses operating within each region. For example, taxes may vary between jurisdictions so it is important to consult an attorney prior to signing an agreement in order to ensure that all aspects of the contract comply with local laws and regulations for each region involved in the contract (UK vs USA vs EU). Additionally, there may be differences in terminology between jurisdictions which can have an effect on how certain clauses are interpreted so these should also be considered when drafting an agreement for international business operations.

Q: Is there anything special I need to consider if my business model is SaaS or Technology?

Asked by Joshua on October 7th 2022.
A: If your business model is SaaS or Technology then there may be some additional considerations you need to take into account when drafting a professional marketing consulting agreement such as data security protocols or intellectual property restrictions related specifically to software or technology services being provided by either party involved in the contract. Additionally, consideration should be given as to how changes in technology might affect certain aspects of the contract over time (such as software updates) so that both parties remain protected throughout the duration of the contract period regardless of external changes which may occur during this time frame.

Q: How can I protect my intellectual property within a professional marketing consulting agreement?

Asked by Ava on September 3rd 2022.
A: When drafting a professional marketing consulting agreement it is important to ensure that your intellectual property is protected throughout the duration of the contract period. This can include adding specific clauses which outline who owns what rights over certain materials created during the course of working together (such as logos or website designs) as well as who has permission for use or reproduction of these materials outside of the immediate scope of work outlined within the contract itself (such as advertising campaigns). Additionally, consideration should also be given as how third-parties might use materials created during this period so appropriate clauses can also be added which outline how third-parties must obtain permission from both parties involved before using materials created during this time frame for their own purposes outside of those outlined within the contract itself.

Example dispute

Suing for Breach of Marketing Consulting Agreement

• Plaintiff must have a valid and binding marketing consulting agreement with the defendant.
• Plaintiff must have evidence that the defendant breached the agreement, such as failing to provide the services as agreed to in the contract.
• Plaintiff must prove damages and/or financial loss as a result of the breach.
• Plaintiff must prove that the defendant was aware of the breach and failed to take reasonable steps to rectify the situation.
• Plaintiff can seek compensatory damages, including lost profits and any costs associated with the breach.
• Plaintiff can seek punitive damages, which are designed to punish the defendant for the breach.
• Plaintiff can seek injunctive relief, which is an order from the court that the defendant must comply with the agreement.
• Plaintiff may be able to seek attorney’s fees, if provided for in the agreement.
• Settlement may be possible, depending on the circumstances of the case and the interests of the parties involved.

Templates available (free to use)

Marketing Consulting Agreement

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