An agency agreement is a contractual agreement that outlines the terms and conditions between two parties, with one party providing services to the other party. When drafting an agency agreement, it is crucial to ensure that all essential elements are included. Here is a checklist of key items that should be covered in an agency agreement:
1. Scope of Work: The agreement should clearly define the scope of work and services to be provided by the agency.
2. Term of Agreement: The agreement should include the duration of the contract, including start and end dates.
3. Compensation: The agreement should outline the payment terms and compensation structure for the services provided.
4. Termination Clause: The agreement should include a termination clause that outlines the circumstances under which either party can terminate the agreement.
5. Confidentiality and Non-Disclosure: The agreement should include a confidentiality and non-disclosure clause to protect sensitive information shared between the parties.
6. Intellectual Property Rights: The agreement should specify who owns the intellectual property created during the course of the engagement.
7. Indemnification: The agreement should outline the responsibility for indemnification in case of legal action taken against one party.
8. Representations and Warranties: The agreement should include a clause that outlines the representations and warranties made by both parties.
9. Limitation of Liability: The agreement should specify the limitation of liability for each party in case of any legal disputes.
10. Governing Law: The agreement should specify which state`s laws govern the contract and where any legal disputes would be resolved.
By ensuring that these key items are included in an agency agreement, both parties can benefit from clear and concise expectations for their engagement. As an experienced copy editor in SEO, I highly recommend ensuring that the agreement is clearly written, free of jargon, and easy to understand by both parties. Doing so can help avoid confusion in the future and set expectations from the start for a successful engagement.