Mistake
Guaranteeing results
No agency can guarantee ad performance, rankings, or revenue. Agreements that imply they can create liability for things outside the agency's control.
Free. No signup. Campaign deliverables, performance terms, content ownership, and ad-spend controls — all in one contract.
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What a marketing services agreement is for
A marketing services agreement governs the relationship between a marketing agency or consultant and their client. It defines campaign deliverables, KPIs, content ownership, ad-spend authority, and the limits of performance guarantees — the clauses that prevent disputes when campaigns underperform.
Marketing agencies, freelance marketers, PPC managers, SEO firms, content agencies, email marketing specialists, and any provider running campaigns on behalf of a client.
Before the first campaign brief. Before any ad budget is handed over. Before you write the first piece of content. A signed agreement is how you establish who controls what — and who's responsible for results.
Not suitable when the engagement is purely advisory (use a consulting agreement) or when it is a single social media post without ongoing campaign management (use a freelance agreement).
What BizDraft asks you
Agency and client names, entity types, states.
Channels, campaign types, content formats, and monthly deliverables.
KPIs, reporting cadence, what happens when targets are missed.
Who controls ad budget, approval thresholds, pass-through billing.
Who owns creative assets, copy, and campaign materials produced.
Monthly retainer, project fee, performance-based compensation structure.
How content is submitted, reviewed, approved, and what happens when approvals stall.
Notice period, campaign wind-down, access handover, and final deliverables.
What the AI generates
Plain-English, campaign-specific, ready to execute. The sections that prevent disputes when results are debated.
Named channels, monthly content volume, campaign types, and reporting deliverables with defined KPIs and measurement methodology.
Clear language that the agency provides best-efforts service and cannot guarantee results due to market conditions, algorithm changes, and client-side factors.
Monthly ad budget authority, pre-approval thresholds, pass-through billing with markup disclosure, and reconciliation process.
Client owns all content and creative assets produced under the agreement. Agency may showcase work in portfolio unless client requires confidentiality.
Content approval workflow, turnaround SLA, deemed-approved language, and agency rights to pause publication when approval stalls.
Access credentials policy, account ownership confirmation (client always owns accounts), and handover obligations on termination.
Common mistakes
The most common causes of disagreement between agencies and clients when campaigns run.
Mistake
No agency can guarantee ad performance, rankings, or revenue. Agreements that imply they can create liability for things outside the agency's control.
Mistake
Running client budget without a defined approval threshold is a major risk. Define the max monthly spend the agency can commit without explicit client approval.
Mistake
Ad accounts, social profiles, and analytics should always be in the client's name. Agencies who own the accounts hold the client hostage on termination.
Mistake
When a client takes three weeks to approve a post that was due yesterday, the agency misses the timeline. A deemed-approved clause prevents this.
Example
"Marketing agency managing Google Ads and SEO for an e-commerce client. $5,500/month retainer. $15,000/month ad spend under management. Client owns all accounts and content. 90-day minimum, 30-day notice to cancel. Georgia law."
A 12-section marketing agreement, Georgia-governed. $5,500/month retainer, invoiced on the 1st. $15,000/month ad spend authority, $1,000 single-campaign approval threshold above plan. Client owns all accounts and creative. Performance disclaimer. 90-day minimum, 30-day cancellation notice. Account handover on termination within 5 business days.
Word (.docx) for editing in any tool. PDF for sending out as-is. Both formats, no watermark, no account needed.
When to ask a lawyer
BizDraft is a drafting tool. It is not a substitute for a lawyer who knows your specific situation. Reach for one when:
When any portion of the fee is tied to revenue, conversions, or other outcomes, the measurement methodology and dispute resolution process warrant attorney drafting.
When managing over $100,000/month in ad spend, liability for unauthorized spend or platform errors can be significant. Attorney review of the indemnification clauses is warranted.
Healthcare, financial products, and alcohol advertising have regulatory compliance requirements that affect what the agency can and cannot do. Legal review before signing is important.
FAQ
Be very careful. Guaranteeing specific revenue, traffic, or ranking outcomes creates liability for factors outside your control — algorithm changes, competitor spend, client-side conversion problems. Use best-efforts language and define KPIs as targets, not guarantees.
The client should always own their own ad accounts. The agency gets admin access to manage them. Accounts in the agency's name are held hostage — if the relationship ends, the client loses their data, history, and audience lists.
The agreement should specify a handover process — the agency provides all account credentials, campaign files, analytics access, and documentation within a defined number of business days after the final invoice is paid.
Only if the agreement allows it. Many clients want confidentiality on revenue numbers and campaign data. The BizDraft template includes a portfolio rights clause that can be switched on or off based on your negotiation.
Yes. No paywall, no trial, no credit card. Read about the business model →
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