Louisiana marketing service contract template

Louisiana Marketing Services Contract

This Louisiana Marketing Services Contract (the "Agreement") is made and entered into as of [Date] by and between:

• [Marketing Service Provider’s Full Legal Name], a [State of Formation & Business Type, e.g., Louisiana Limited Liability Company], with its principal place of business at [Marketing Service Provider’s Full Address], telephone number [Marketing Service Provider’s Phone Number], and email address [Marketing Service Provider’s Email Address] ("Service Provider"),

and

• [Client's Full Legal Name], a [State of Formation & Business Type, e.g., Louisiana Corporation], with its principal place of business at [Client's Full Address], telephone number [Client's Phone Number], and email address [Client's Email Address] ("Client").

1. Scope of Services

Service Provider agrees to provide the following marketing services to Client:

• Option A: [Description of Services, e.g., Social Media Management (Facebook, Instagram, Twitter)]. Deliverables include: [Detailed Deliverables, e.g., Number of posts per week, content calendar approval process]. Reporting frequency: [Reporting Frequency, e.g., Monthly]. Performance benchmarks: [Performance Benchmarks, e.g., Increase in follower count by X%, engagement rate of Y%]. Platforms Used: [List of platforms, e.g., Hootsuite, Buffer].
• Option B: [Description of Services, e.g., Digital Advertising (Google Ads, Facebook Ads)]. Deliverables include: [Detailed Deliverables, e.g., Number of ads created, A/B testing reports]. Reporting frequency: [Reporting Frequency, e.g., Weekly]. Performance benchmarks: [Performance Benchmarks, e.g., Click-through rate of X%, conversion rate of Y%]. Platforms Used: [List of platforms, e.g., Google Ads, Facebook Ads Manager].
• Option C: [Description of Services, e.g., Content Creation (Blog Posts, Website Copy)]. Copyright status: [Specify copyright ownership, e.g., Copyright assigned to Client upon full payment]. Deliverables include: [Detailed Deliverables, e.g., Number of blog posts per month, website copy revisions].

2. Client Responsibilities

Client shall provide the following materials, data, and approvals to Service Provider:

• Option A: Brand guidelines and logos in [File format, e.g., .AI, .EPS] format by [Date].
• Option B: Access to Client's social media accounts and website analytics by [Date].
• Option C: Timely approval of all content drafts within [Number] business days.

3. Service Standards and Deadlines

Service Provider will perform the services with the following standards:

• Option A: All services will be performed in a professional and workmanlike manner, consistent with industry standards and best practices in Louisiana marketing.
• Option B: Service Provider will adhere to all deadlines outlined in the project schedule, subject to reasonable delays due to Client-caused delays.
• Option C: All advertising will comply with all applicable Louisiana advertising laws and regulations.

4. Location and Method of Service Provision

Services will be provided:

• Option A: Remotely.
• Option B: On-site at [Client's Address]. Travel within Louisiana, if required, will be approved by Client in advance, and reimbursed according to Service Provider's standard travel policy, compliant with Louisiana tax laws.
• Option C: Hybrid approach: [Description of hybrid approach].

5. Payment

Client shall pay Service Provider as follows:

• Option A: A flat fee of [Amount] per [Time Period, e.g., month].
• Option B: A retainer of [Amount] per [Time Period, e.g., month], plus hourly rate of [Amount] for additional services.
• Option C: Performance-based compensation: [Description of compensation structure, e.g., X% of sales generated].

Payment Schedule: Invoices will be submitted [Frequency, e.g., monthly] and due within [Number] days of receipt, in accordance with Louisiana Prompt Payment laws. Late payments will accrue interest at the rate of [Interest Rate]% per annum, as permitted by Louisiana Usury Law. Client is responsible for applicable Louisiana sales taxes.

6. Intellectual Property

• Option A: Upon full payment, all right, title, and interest in and to the marketing materials created by Service Provider for Client shall be transferred to Client.
• Option B: Service Provider retains the right to use the created materials in its portfolio.
• Option C: This arrangement complies with Louisiana law on works made for hire.

7. Data Privacy and Confidentiality

Service Provider shall comply with Louisiana's Database Security Breach Notification Law and maintain the confidentiality of Client's proprietary information. This obligation survives termination of this Agreement. Service Provider will not disclose Client data to any third party without the prior written consent of Client.

8. Regulatory Compliance

All marketing activities will comply with applicable federal, state, and local laws, including the Louisiana Unfair Trade Practices and Consumer Protection Law, and the CAN-SPAM Act (where applicable). Client consents to the use of testimonials and personal information in accordance with Louisiana law.

9. Deliverable Review and Acceptance

Client shall review all deliverables within [Number] business days of receipt. Failure to respond in writing within this period constitutes acceptance. Revisions can be requested in writing.

10. Support and Maintenance

Service Provider will provide post-campaign monitoring for [Duration]. Troubleshooting timelines will be [Number] business days. Warranty is limited to [Description of warranty limitation].

11. Change Orders

Any changes to the scope of services must be documented in a written change order, approved by both parties, and may result in additional costs.

12. Force Majeure

Neither party shall be liable for delays or failures in performance due to events of force majeure as recognized under Louisiana Civil Code (e.g., hurricanes, floods).

13. Termination

• Option A: Either party may terminate this Agreement for cause with [Number] days' written notice.
• Option B: Client may terminate this Agreement for convenience with [Number] days' written notice.
• Option C: Service Provider may terminate this agreement if regulatory prohibition occurs.

Upon termination, Client shall pay Service Provider for all services performed up to the date of termination. Notice to be sent via certified mail for legal effect in Louisiana.

14. Dispute Resolution

Any disputes shall be resolved through good faith negotiation. If unsuccessful, the parties agree to mediation in [City, Louisiana], followed by arbitration or litigation in [Parish, Louisiana]. This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana.

15. Liability and Remedies

In the event of a breach of this agreement, remedies may include fee abatement, delivery of corrected materials, and indemnification. Liability is limited to [Amount].

16. Representations and Warranties

Service Provider warrants that it possesses the necessary licenses and will comply with all applicable advertising codes. Client warrants that it has the rights to all materials provided to Service Provider.

17. Insurance

Service Provider shall maintain general liability insurance, professional errors and omissions insurance, and cyber/data breach insurance (if applicable) with minimum coverage of [Amount]. Client to be named as additional insured as needed.

18. Non-Solicitation and Non-Circumvention

During the term of this Agreement and for [Number] years thereafter, Client shall not solicit Service Provider's employees. Client also shall not circumvent Service Provider's introduction to prospective clients.

19. Non-Compete

Service Provider agrees not to compete with the client within [Geographic area, e.g., 50-mile radius of New Orleans] for a period of [Number] years after termination of this agreement. This non-compete is reasonable per Louisiana Revised Statutes.

20. Assignment and Subcontracting

Neither party may assign or subcontract its rights or obligations under this Agreement without the written consent of the other party.

21. Notices

All notices shall be in writing and delivered by [Permitted methods, e.g., certified mail, email] to the addresses listed above. Notice is deemed received [Number] days after mailing.

22. Severability and Waiver

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any provision shall be effective unless in writing and signed by the waiving party.

23. Integration

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions and understandings. Amendments must be in writing and signed by both parties.

24. Independent Contractor Status

Service Provider is an independent contractor and not an employee of Client. Service Provider is responsible for all applicable taxes.

25. Anti-Bribery and Corruption

Both parties affirm compliance with all applicable federal and state anti-bribery and corruption laws.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Marketing Service Provider’s Full Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

Date: [Date]

[Client's Full Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

Date: [Date]