Marketing companies today operate in a fast-moving, results-driven environment where how you contract is just as important as what you deliver. Choosing between a retainer agreement and a project-based agreement can significantly impact revenue predictability, client relationships, team utilization, and legal risk.

Marketing businesses—agencies, consultancies, in-house teams, and freelance marketers—live and die by relationships, creativity, and confidential know-how. When employees, contractors, or partners jump ship, they can — intentionally or not — take clients, talent, playbooks, and business momentum with them. Non-compete and non-solicit clauses are two of the most commonly used contractual tools to reduce that risk. This post explains what they do, how they differ, when they help (and when they don’t), drafting tips tuned to marketing businesses, practical alternatives, and a short checklist you can use when drafting or reviewing agreements.

Creative work — logos, websites, marketing campaigns, product designs, copy, photography, video, software UI — is valuable because it’s original, expressive, and often central to a brand’s identity. But after the client pays and the work is delivered, confusion about who may use, modify, or sell that work is one of the most common causes of disputes between creators and clients.

Mastering Agency Agreements: What Every Marketing Company Should Know

An agency agreement is the backbone of any relationship between a marketing company and its client. Get it right and you create clarity, predictable cashflow, and a framework that protects your creativity. Get it wrong and you’re exposed to scope creep, unpaid work, ownership disputes, regulatory risk, and awkward client exits. This guide walks you through everything a marketing agency needs to know — from core clauses and commercial models to negotiation tips, red flags, and practical clause examples you can adapt.

Client-agency relationships in marketing are frequently challenged by contract disputes, but these can be substantially reduced through precise drafting and proactive management. The most common causes of conflict include unclear deliverables, ambiguity around intellectual property, payment disagreements, and mismanaged expectations. By understanding these issues and implementing best practices, both clients and marketing agencies can safeguard their interests and foster enduring partnerships.​

Agency agreements are the backbone of many successful marketing businesses. Whether you’re an in-house marketing team, a boutique agency, or a full-service firm, a clear, well-drafted agency agreement protects value, prevents disputes, and sets the stage for measurable results. This guide walks through the essential elements, practical tips, negotiation levers, and common pitfalls so your next client relationship starts—and stays—on solid ground.

In today’s digital economy, influencer marketing has become one of the most powerful ways for brands to reach their audiences. But while influencer partnerships can generate huge returns, they also come with legal and reputational risks. The foundation of a successful collaboration lies in a well-drafted influencer agreement that addresses these risks before they become costly problems.

Imagine this.
You hire a marketing agency to run your ad campaigns. They promise results, you pay the retainer, and a few months later you’re left asking yourself: