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Branding Agency Agreement: What You Need to Know

As companies grow, they often turn to branding agencies to help them establish and maintain a consistent brand identity. A branding agency agreement is a legal document that outlines the terms of the relationship between the company and the branding agency. If you are considering hiring a branding agency, it’s important to understand what should be included in this type of agreement.

Scope of Work

One of the most important aspects of a branding agency agreement is the scope of work. This section should clearly outline what services the branding agency will provide and what is expected of the company. Services may include brand strategy development, brand identity design, and brand implementation guidance. The agreement should specify how long the engagement will last and any milestones or deadlines that must be met.

Fees and Payment Terms

The branding agency agreement should also specify the fees and payment terms for the project. This typically includes an hourly or project-based rate, as well as any expenses that will be incurred on behalf of the company. The agreement should also outline when payments are due and what happens if payments are not made on time.

Intellectual Property

The branding agency will likely be creating intellectual property on behalf of the company, such as logos, taglines, and marketing materials. The agreement should specify who owns this intellectual property and how it can be used. This typically includes granting the company a license to use the intellectual property in connection with its business.


It’s important for the branding agency to keep any sensitive information about the company confidential. The branding agency agreement should include a confidentiality clause that outlines what information is considered confidential and how it can be used. This section should also specify any exceptions to the confidentiality clause, such as if the branding agency is required to disclose information by law.


Sometimes a branding agency engagement does not work out as planned. The branding agency agreement should include a termination clause that outlines how either party can end the relationship. This could include a notice period and any fees that must be paid if the relationship is terminated early.


A branding agency agreement is a critical document that helps ensure a successful partnership between a company and a branding agency. By carefully outlining the scope of work, fees and payment terms, intellectual property, confidentiality, and termination, both parties can have a clear understanding of what is expected and minimize the risk of misunderstandings or disputes. If you are considering hiring a branding agency, it’s important to work with experienced legal counsel to draft an agreement that protects your interests and sets you up for success.

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