Title: Georgia Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency Introduction: When entering into a contract between an advertiser and an advertising agency in Georgia, it's crucial to address various key aspects effectively. A comprehensive checklist can help ensure that both parties are protected, their rights and obligations are clearly defined, and the contract reflects their mutual expectations. This article provides a detailed description of key considerations to include in a Georgia checklist for drafting a contract between an advertiser and an advertising agency. 1. General Provisions: a. Identification of parties: Clearly state the legal names, addresses, and contact details of both the advertiser and the advertising agency. b. Effective Date: Specify the date from which the contract becomes legally binding. c. Purpose: Define the objective of the contract, stating the rights and obligations of both parties. d. Confidentiality: Address the handling of confidential information and the non-disclosure obligations for both parties. 2. Scope of Work: a. Deliverables: Describe the specific services to be provided by the advertising agency, including creative development, media planning, campaign implementation, and reporting. b. Exclusivity: Define if the agency will exclusively work for the advertiser during the contract period. c. Timelines: Establish deadlines for each project or campaign phase, including milestones and final deliverables. d. Performance Indicators: Set measurable goals and clarify the criteria by which the agency's performance will be evaluated. 3. Compensation: a. Fee Structure: Define the method and timing of payment, whether it's a flat fee, retainer, commission, or a combination. b. Billing and Invoicing: Specify procedures for submitting invoices and the payment terms. c. Expenses: Address how the agency's reimbursable expenses will be handled, such as travel, research, or third-party services. 4. Intellectual Property: a. Ownership: Establish who will own the intellectual property rights developed during the contract, including advertising concepts, designs, and creative materials. b. Licenses: Determine whether the advertiser is granted an exclusive or non-exclusive license to use the agency's work. c. Third-Party Rights: Ensure that the agency has obtained necessary permissions to use third-party intellectual property in their work. 5. Termination and Disputes: a. Termination Conditions: Outline the circumstances under which either party can terminate the contract, including notice periods and reasons. b. Resolution of Disputes: Specify the method of dispute resolution, such as mediation or arbitration, to be employed in case of conflicts. Conclusion: A comprehensive Georgia Checklist of Matters to be Considered in Drafting a Contract Between Advertiser and Advertising Agency provides a clear framework for protecting the rights and interests of both parties. By thoroughly addressing the key provisions discussed above, the resulting contract ensures a mutually beneficial relationship and minimizes potential conflicts or misunderstandings.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.