Project basis or retainer — which fits better?

A project basis suits a clearly defined campaign with a set end date (fixed price or milestones). A retainer suits ongoing, monthly management with a fixed hourly allowance and automatic renewal. The wizard automatically adjusts the remuneration and termination clauses to your choice.

What does the media-buying disclosure duty mean in practice?

If you select media buying as a service, the contract obliges the agency to show advertising costs separately from its own fee and not to accept hidden kickbacks or rebates from advertising platforms or media partners without disclosing them to the client. The wizard blocks finalization until this transparency duty has been expressly confirmed.

Who is liable if a published advertising claim is legally impermissible?

In principle, the client, as the party issuing the instructions, insofar as the claim is based on the client's specifications or approvals. The agency is liable instead where it independently added misleading or unlawful claims on its own initiative. The contract expressly clarifies this delimitation.

Contract templates currently German only

Agency Agreement (Marketing / Creative Agency)

From a single project to an ongoing retainer — secure your collaboration with your marketing/creative agency with clear rules on remuneration, usage rights and transparency.

Advanced

The agency agreement governs the collaboration between a marketing/creative agency and a client for creative work & design, media buying, social media management, SEO/content marketing and PR. The wizard distinguishes between a project basis (fixed price or milestones for a single campaign) and a retainer (monthly hourly allowance with automatic renewal), and, when media buying is selected, applies a dedicated disclosure duty against hidden kickbacks from advertising platforms.

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from 50 credits · available in DE

Agency Agreement (Marketing / Creative Agency) — example image

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Agency agreement.pdf

AGENCY AGREEMENT

between [Agency] and [Client]

§ 1 Scope of services — § 2 Mandate model & remuneration

§ 3 Media-buying disclosure — § 4 Usage rights to campaign content

§ 5 Reporting & exclusivity

§ 6 Liability for advertising claims — § 7 Governing law & jurisdiction

Real preview in the wizard · export as PDF + DOCX

What's in this template

Numbers from the actual definition — not marketing slides.

Clauses: 27
Clause variants: 6
Wizard fields: 32
Quality checks: 6
Legal basis citations: 5

What the contract contains

Scope of services: creative work/design, media buying, social media, SEO/content, PR
Mandate model: project basis (fixed price/milestones) or retainer (hourly allowance, overage rules)
Media-buying disclosure duty: advertising costs shown separately, no hidden kickbacks
Usage rights to campaign content: limited to the campaign, or unlimited in time/territory
Reporting rhythm, optional exclusivity/non-competition clause
Delimitation of liability for advertising claims (compliance with unfair-competition law, price disclosures)

Optional additional clauses

Exclusivity/non-competition clause for a specific market segment
Arbitration clause (German Arbitration Institute instead of state courts)
Force majeure
Prohibition on assignment/transfer

When you need this contract

Commissioning an agency for a single campaign or project
Ongoing monthly management by an agency (retainer)
Placing advertisements (media buying) through the agency
Clarifying who owns campaign content after the contract ends

Who it is for: Marketing and creative agencies and their clients who want to contractually clarify a campaign, a project, or ongoing management — including media-buying transparency.

AI text assistance in the wizard

For complex fields such as the scope of services or the purpose, you can request a suggestion via the sparkle button — the suggestion stays editable before it enters the contract.

Direct lawyer handover

Once created, you can hand the contract to a suitable lawyer from our network with one click — including full text and metadata.

Legal notice

For six-figure media-buying budgets, disputes over content usage rights after the contract ends, or industry-specific advertising restrictions (e.g. health/financial products), we recommend a subsequent review by a lawyer of your choice — the wizard points this out specifically.

Our templates are ready-made documents that you adapt to your case. They are not legal advice and do not replace a review by a lawyer; we give no guarantee of correctness, completeness or up-to-dateness. Use is at your own responsibility.