Missouri Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency: When drafting a contract between an advertiser and an advertising agency in Missouri, it is essential to consider various matters to ensure a mutually beneficial and legally compliant partnership. This checklist will help both parties include key provisions and protections in their contract. 1. Definition of Parties: Clearly state the full legal names, addresses, and contact details of both the advertiser and the advertising agency. 2. Scope of Work: Define the specific services to be provided by the advertising agency, such as creative development, media planning, market research, and campaign implementation. 3. Term and Termination: Establish the duration of the agreement and include provisions for early termination, notice periods, and conditions under which either party may terminate the contract. 4. Compensation: Outline the payment terms, including the fees, retainer amount, billing frequency, and acceptable payment methods. Specify whether compensation will be based on a fixed fee, commission, or a combination. 5. Intellectual Property: Clearly state who will own the intellectual property rights to the creative work produced by the agency and whether any usage rights will be granted to the advertiser. 6. Confidentiality: Include provisions that outline the confidential nature of all information shared between the parties and specify how it should be handled, protected, and returned upon contract termination. 7. Non-Compete and Non-Solicitation: Consider including clauses to prevent the advertising agency from working with competitors or soliciting the advertiser's clients or employees during and after the contract period. 8. Performance Metrics: Determine the key performance indicators and metrics that will be used to evaluate the agency's performance and outline methods for reporting and addressing any discrepancies. 9. Indemnification: Define the responsibilities and liabilities of each party in case of any legal claims, disputes, or damages arising from the advertising agency's work or non-compliance. 10. Dispute Resolution: Specify the preferred method for resolving any disputes that may arise during the contract period, whether through mediation, arbitration, or litigation. 11. Governing Law and Jurisdiction: Determine the laws of the state of Missouri that will govern the contract and designate the appropriate courts or tribunals where any legal actions will take place. 12. Amendments and Waivers: Establish procedures for making changes or modifications to the contract and outline when any waivers of contractual rights must be in writing. Different types of Missouri Checklists of Matters to be Considered in Drafting a Contract Between Advertiser and Advertising Agency may vary based on industry specifics, such as healthcare, technology, retail, or financial services. However, these key considerations remain paramount for any contract in Missouri's advertising industry.
Missouri Checklist of Matters to be Considered in Drafting Contract Between Advertiser and Advertising Agency
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