Advertising agency contract checklist

This is general information, not legal advice. Have a lawyer review anything with major financial commitments.

Ownership

• Ad accounts, analytics and tracking are in your name or you have administrator access.
• You own the ads, images and written content made for you.
• You can export reports and data at any time.

Term and exit

• The length of the contract and any automatic renewal.
• How much notice you must give, and in what form.
• What happens to your accounts and campaigns when you leave.

Fees

• The monthly fee, any setup fee and what each covers.
• Whether ad spend is paid to the platform directly or through the agency, and whether there is a markup.
• Charges for extra work, reports or meetings.

Performance

• Which numbers will be reported, how often and by whom.
• What happens if goals are missed. Promises of fixed results are a warning sign.

Confidentiality and subcontractors

• Whether your information is kept confidential.
• Whether work is done by staff or sent to outside providers, and who is responsible.

Before you sign

Ask for the terms in writing and read them against your brief. Anything said on a call that is not in the document does not bind anyone.