Marketing Consultant Retainer Agreement

Marketing Consultant Retainer Agreement Template for England and Wales

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Key Requirements PROMPT example:

"I need a Marketing Consultant Retainer Agreement for my tech startup that will engage a digital marketing consultant for 12 months starting January 2025, with a focus on social media management and content creation, and a monthly budget of £5,000."

Document background

The Marketing Consultant Retainer Agreement is essential for businesses seeking consistent, professional marketing support under English and Welsh law. This document formalizes a continuous working relationship between a marketing consultant and their client, establishing clear terms for regular services, monthly fees, deliverables, and professional standards. It includes crucial provisions for intellectual property rights, data protection compliance, and confidentiality, while ensuring alignment with UK marketing regulations and GDPR requirements. The agreement is particularly valuable for companies requiring ongoing marketing expertise without the commitment of full-time employment.

Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including registered addresses and company numbers

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement and their meanings

4. Services: Detailed description of marketing services to be provided under the retainer

5. Fees and Payment: Monthly retainer amount, payment terms, and additional costs

6. Term and Termination: Duration of the agreement and circumstances for termination

7. Obligations of the Parties: Key responsibilities of both consultant and client

8. Intellectual Property Rights: Ownership and usage rights of marketing materials and content

9. Confidentiality: Protection of sensitive information shared during the engagement

10. Data Protection: Compliance with GDPR and data protection regulations

Optional Sections

1. Service Level Agreement: Specific performance metrics and standards - use when specific deliverables or response times need to be guaranteed

2. Non-Compete: Restrictions on working with competitors - use when protecting against competition is crucial

3. Insurance: Professional indemnity and other insurance requirements - use when specific insurance coverage is required

4. Dispute Resolution: Specific procedures for handling disputes - use when parties want to specify alternative dispute resolution methods

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of marketing services covered by the retainer

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including hourly rates for additional services

3. Schedule 3 - Service Level Agreement: Specific metrics and performance standards if applicable

4. Appendix A - Approved Subcontractors: List of pre-approved subcontractors if applicable

5. Appendix B - Client Brand Guidelines: Client's branding requirements and specifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Relevant Teams

Relevant Roles

Industries

Common Law of Contract: Fundamental principles of contract law in England and Wales, including contract formation, consideration, and enforcement

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract

Consumer Rights Act 2015: Key legislation protecting consumer rights when the client is an individual rather than a business

Supply of Goods and Services Act 1982: Legislation governing the quality and fitness for purpose of services provided

Consumer Contracts Regulations 2013: Regulations covering information requirements and cancellation rights for service contracts

UK General Data Protection Regulation: Primary data protection legislation governing how personal data must be handled and processed

Data Protection Act 2018: UK's implementation of data protection standards and requirements

Privacy and Electronic Communications Regulations: Specific regulations governing electronic communications and marketing

Trade Marks Act 1994: Legislation protecting registered trademarks and their usage

Employment Rights Act 1996: Relevant for establishing clear independent contractor status and avoiding employment relationships

IR35 Legislation: Tax regulations governing off-payroll working and consultant status

Electronic Commerce Regulations 2002: Regulations governing electronic business transactions and services

Competition Act 1998: Legislation relevant for non-compete clauses and competition restrictions

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

Business Protection from Misleading Marketing Regulations 2008: Regulations protecting businesses from misleading marketing practices

Consumer Protection from Unfair Trading Regulations 2008: Regulations protecting consumers from unfair trading practices

Late Payment of Commercial Debts Act 1998: Legislation governing interest on late payments in commercial transactions

Alternative Dispute Resolution Regulations 2015: Regulations governing alternative dispute resolution procedures for consumer disputes

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Authors

Alex Denne

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