The Freelance Marketing Contract is designed for use in Ireland when engaging independent marketing professionals or consultants for specific projects or ongoing marketing support. This document is essential in today's dynamic business environment where companies increasingly rely on flexible, specialized marketing expertise. It addresses key aspects required under Irish law, including proper contractor classification, data protection compliance, and intellectual property rights transfer. The contract is suitable for various marketing services, from digital campaigns to brand development, and includes provisions for modern marketing practices while ensuring compliance with Irish employment, consumer protection, and competition laws. It's particularly valuable for businesses looking to maintain flexibility in their marketing resources while clearly defining responsibilities, deliverables, and commercial terms.
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1. Parties: Identifies the client and the freelance marketing professional/company, including full legal names and addresses
2. Background: Establishes context for the agreement and confirms the intention to engage marketing services on a freelance basis
3. Definitions: Defines key terms used throughout the agreement including 'Services', 'Deliverables', 'Project', and 'Intellectual Property Rights'
4. Scope of Services: Details the specific marketing services to be provided, including deliverables and any specific campaigns or projects
5. Term and Termination: Specifies the duration of the agreement and conditions for termination by either party
6. Payment Terms: Outlines fees, payment schedule, expenses, and invoicing procedures
7. Independent Contractor Status: Clearly establishes the freelance nature of the relationship and confirms non-employee status
8. Intellectual Property Rights: Addresses ownership and transfer of IP rights in marketing materials and content created
9. Confidentiality: Protects confidential information of both parties
10. Data Protection: Ensures compliance with GDPR and Irish data protection laws in marketing activities
11. Warranties and Indemnities: Provides assurances about service quality and establishes liability provisions
12. General Provisions: Includes standard boilerplate clauses such as governing law, entire agreement, and notices
1. Non-Compete: Restricts the freelancer from working with direct competitors - only included when specifically required and must be reasonable in scope
2. Non-Solicitation: Prevents the freelancer from soliciting client's customers or employees - included for sensitive market sectors
3. Equipment and Resources: Specifies any equipment or resources provided by the client - included when client provides specific tools or software
4. Performance Metrics: Establishes KPIs and performance measurement criteria - included for longer-term or results-based engagements
5. Subcontracting: Addresses whether and how the freelancer can subcontract work - included when subcontracting might be needed
6. Insurance Requirements: Specifies required insurance coverage - included for high-value or high-risk projects
7. Client Obligations: Details specific client responsibilities - included when significant client input or resources are required
1. Schedule 1 - Services Description: Detailed breakdown of marketing services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment milestones, and any rate cards
3. Schedule 3 - Service Level Agreement: Specific performance standards, response times, and quality metrics
4. Appendix A - Campaign Specifications: Detailed specifications for specific marketing campaigns or projects
5. Appendix B - Brand Guidelines: Client's branding requirements and guidelines
6. Appendix C - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
7. Appendix D - Approved Subcontractors: List of pre-approved subcontractors if applicable
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