Indy Contracts makes sending legally sound contracts a breeze.
When you’re working as a social media manager and you’re about to branch out in the world of freelancing, it’s important to keep in mind that now you are in control of your brand. You’re now your boss, and that means that you have to make sure you are looked after, to do that the best way to start is by creating contracts to send your clients when it’s time to begin managing new accounts.
A social media management contract template is the best way to start by understanding what are the sections and parts that need to be filled out when sending out an agreement with a client. You need to protect your work and you also need to up your professional game, if you aren’t using contracts because you might have worked with businesses that respect your agreements over the phone, but it only takes one bad apple to run towards contracts. So, it’s better to be safe and have them in place before that happens.
With a social media manager contract, you’ll be able to define what type of work you’ll be doing, and if anything goes wrong you have the contract to back you up, and protect you if that is the case. In some cases, you might find that some brands would like to have their own personal social media manager, but they wish to have a freelancer work on it, if you want to have a varied pool of clients and want to branch out as much as possible you’re going to add a Non-exclusivity clause in your contract. This tells your client that your services are for more brands, and they don’t have an exclusive on your services. On the other hand though if a client offers a big project that is year-long and you think that it’s beneficial to only work with them for the time of the project you don’t have to add it.
When it comes to social media management, the whole world of content can be a hassle, some managers offer it, others don’t. Depending on how you work and your business strategy you must talk to your client and come to a verbal agreement concerning content. If you are producing content for your client you’re going to add an Intellectual property clause in which you clearly state who owns the content that is being posted, is it you the creator of the client that paid for the service. Do you put in place a royalty payment system in which you ask the client for a set amount for each time an ad is run with your content? The most important thing when writing contracts is talking to your client and making sure there isn’t room for misunderstandings.
When it comes to the nitty-gritty of writing social media contracts you’ll find that clarity is of the utmost importance.
Absolutely! Your work is valuable, and it should be protected by a legal contract. When everything goes well, there are no problems with clients. Contracts help you create a plan that protects you when a job doesn’t go quite so smoothly.
Here are some benefits of using a contract:
When you include the payment amount and terms in your social media management contract, you pave the way to getting paid properly for your project. When the project or milestone finishes, every party knows what to pay and when to pay it.
Scope creep is difficult for just about every freelance social media manager. When the size of the job changes without warning, finishing on time and getting paid properly become harder. A clearly defined project scope in a contract avoids any scope creep.
You can create a simple contract on your own by recording the work to be done, the amount to be paid, and the timeline for delivery. A simple document like this is better than nothing.
That document won’t make a professional impression for your business, though. Instead, you can use our social media management contract template.
Here are three reasons you should try our contract template instead of writing your own:
Let’s check out what needs to be in the agreement between you and your client.
When you go ahead and start writing the contract for your client, keep in mind that every section needs to be agreed upon before sending it for signing. This way you don’t have to go through endless edits until the contract is signed. Keep in mind that some sections of a contract are the same for every freelancer. So don’t worry too much, clauses such as the Payment Terms are going there no doubt. In this section, you’ll be able to ensure that payment will happen periodically and as your boss, you can ensure a stable cash flow coming into your account to invest in any other projects or software that you can use to increase your business.
If you decide to write it on your own, you can go ahead and use any writing program such as Word, Docs, or Pages. But if the magnitude of writing a full contract scares you why not use Indy’s contract templates. This way you’ll cut down on the time you need to find every clause to add and have full control over what goes in it. Another fascinating aspect of using the social media management contract template on Indy is how it can be sent directly from within the platform, or export in PDF so you can send it via email if that’s your preferred method.
You’ll find that by using Indy in general all of your freelancing work will be streamlined, giving you more time to work on the pages you look after and building a strong relationship with your clients.
When writing up a social media management contract there are the things that you need to make sure you’ve written down, let’s look at them now so whether you’re using a contract template, or writing it yourself you’ll know what you can’t miss.
Scope of Project
As per every contract you’ll send out, or other freelancers send out, the Scope of the project is the first thing that needs to be taken into consideration. Here you’ll include anything you and the client talked about regarding the job. Something along these lines
“The Social Media Manager agrees to perform such consulting, advisory and related services specified on Exhibit A to this Agreement ("Description of Services”).”
This is a generic version, but maybe you’ve already agreed on set hours. You can write those in there.
Detailed description of services
Next up you need to add a Detailed description of services, before you gave a general understanding of what you’ll be doing for your client, while here you’ll dissect the work that goes into your social media management, so the client knows exactly what are your responsibilities.
Feedback, editing, and approval process
Now that you’ve got those two out of the way, put a Feedback, editing, and approval process section. Here you’ll make sure that both you and your client are clear on how many revisions they have regarding content, and if they need to approve what goes on their public profiles.
Payment terms are an important section for you as a freelancer, here you protect your cash flow and without cash flow, it’s hard to run your business
Before writing down this section, make sure to know your local laws, because some countries don’t need tax documentation in contracts.
Intellectual property and Limitation of Purpose
Two very important aspects of a social media manager’s contract are these two sections, you need to understand who owns the content that is put out. If you aren’t doing anything in regards to content creation that means the client owns everything, if the opposite is true, you’ll have to agree with them. Also, don’t forget about Limitation of Purpose, because if you’ve been hired to run the client’s LinkedIn page, it’s important that you have that in writing, and don’t find that your strategy is copy-pasted on all of the other platforms they use.
When you’re a freelancer you might have a diverse set of clients, by adding a non-exclusivity clause you won’t risk being stuck having to work one client at a time.
This is extremely important for both you and your client because you might find that they don’t want people to know they hired external help, or maybe they are fine with it being out there during your time working with them. Make sure you both agree before writing the contract because a misunderstanding regarding confidentiality can sour relationships quickly.
Termination & Dispute resolution
With contracts, you are protected all around, and adding a termination clause makes sure that the reasons for termination by either party should be made clear. While dispute resolution is for when things go downhill, this way both you and your client know exactly what will happen, making a bad situation a little bit easier.
If you search for social media management contract templates on Google, you’ll find thousands upon thousands of different templates to choose from, and if you find one that seems to have all the sections you wanted to implement you might want to use it. With Indy you know you’ll get all the sections covered, and most importantly our team has sent out our social media management templates to be reviewed by a legal team, and it’s been approved. This way you’re sure that you’ll be able to enforce your contract. It’s also rare to find a client that signs an agreement that they don’t respect, but just in case you should make sure to be safe, and contracts are the best way to do that.
Now if you have a lot of clients lined up you definitely can’t write up a contract ad-hoc for each one, that’s how Indy will help you by saving you time and effort when having to send out new agreements to clients because you need to keep in mind that not every contract gets signed. And there are few things as frustrating as writing up a contract from scratch and then have them not sign it, that’s why you should sign up for Indy, giving you control and a streamlined process when it comes to freelancing.
But what are the things that need to be inside a social media contract template? Even though some aspects are the same in every contract, such as the Scope of the project or payment terms, social media management contracts have certain sections that others don’t, such as Limitation of Purpose, or Non-exclusivity agreements that need to be added to your written agreement.
We have two documents you can use as a freelance social media manager. You can sign up for a free Indy account and use our contract generator to create the correct contract for your needs in a few minutes.
If you don’t want to sign up for an account, you can download a non-editable contract to get started. You’ll need to review it carefully before using it to ensure all the details match your requirements.
This Social Media Management Agreement (the "Agreement"), dated [the date both parties will have signed] is entered into by [Social Media Manager name], an individual residing in [address], (the "Social Media Manager"), and [client name], an individual residing in [address], (the "Client").
Whereas, the Social Media Manager and the Client desire to establish the terms and conditions under which the Social Media Manager will provide services to the Client, the parties agree as follows:
1. Scope of Work. The Social Media Manager agrees to perform such consulting, advisory and related services specified on Exhibit A to this Agreement ("Description of Services").
2. Term. This Agreement shall commence from the date this Agreement is signed by both parties and shall continue until the scope of work defined in the Description of Services is completed (such period, as it may be extended or sooner terminated in accordance with the provisions of Section 4, being referred to as the ("Service Period").
a. Service Cost. In consideration of the Service, the Client will pay the Social Media Manager of $ per hour (the "Service Cost").
b. Expenses. The Social Media Manager shall be responsible for all business expenses incurred by the Social Media Manager in connection with, or related to, the performance of the services.
c. Invoices. The Client shall pay to the Social Media Manager amounts shown on each statement or invoice described in Section 3(a) and 3(b) within () days after receipt thereof.
d. Benefits. The Social Media Manager shall not be entitled to any benefits, coverages or privileges, including, without limitation, health insurance, social security, unemployment, medical or pension payments, made available to employees of the Client.
4. Termination. This Agreement may be terminated prior to the end of the Service Period in the following manner: (a) by either the Social Media Manager or the Client upon not less than () days prior written notice to the other party; (b) by the non-breaching party, upon twenty-four (24) hours prior written notice to the breaching party if one party has materially breached this Agreement; or (c) at any time upon the mutual written consent of the parties hereto. In the event of termination, the Social Media Manager shall be entitled to payments for services performed that have not been previously paid and, subject to the limitations in Section 3.2, for expenses paid or incurred prior to the effective date of termination that have not been previously paid. Such payment shall constitute full settlement of any and all claims of the Social Media Manager of every description against the Client. In the event that the Client’s payment to the Social Media Manager exceeds the amount of services performed and (subject to the limitations in Section 3.2) for expenses paid or incurred prior to the effective date of termination, then the Social Media Manager will immediately refund the excess amount to the Client. Such refund shall constitute full settlement of any and all claims of the Client of every description against the Social Media Manager.
5. Cooperation.The Social Media Manager shall use Social Media Manager's best efforts in the performance of Social Media Manager's obligations under this Agreement. The Client shall provide such access to its information and property as may be reasonably required in order to permit the Social Media Manager to perform Social Media Manager's obligations hereunder. The Social Media Manager shall cooperate with the Client’s personnel, shall not interfere with the conduct of the Client’s business and shall observe all rules, regulations and security requirements of the Client concerning the safety of persons and property.
6. Proprietary Information and Inventions.
a. Proprietary Information.
1. The Social Media Manager acknowledges that Social Media Manager’s relationship with the Client is one of high trust and confidence and that in the course of Social Media Manager's service to the Client, Social Media Manager will have access to and contact with Proprietary Information. The Social Media Manager will not disclose any Proprietary Information to any person or entity other than employees of the Client or use the same for any purposes (other than in the performance of the services) without written approval by an officer of the Client, either during or after the Consultation Period, unless and until such Proprietary Information has become public knowledge without fault by the Social Media Manager.
2. For purposes of this Agreement, Proprietary Information shall mean, by way of illustration and not limitation, all information, whether or not in writing, whether or not patentable and whether or not copyrightable, of a private, secret or confidential nature, owned, possessed or used by the Client, concerning the Client’s business, business relationships or financial affairs, including, without limitation, any Invention, formula, vendor information, customer information, apparatus, equipment, trade secret, process, research, report, technical or research data, clinical data, know-how, computer program, software, software documentation, hardware design, technology, product, processes, methods, techniques, formulas, compounds, projects, developments, marketing or business plan, forecast, unpublished financial statement, budget, license, price, cost, customer, supplier or personnel information or employee list that is communicated to, learned of, developed or otherwise acquired by the Social Media Manager in the course of Social Media Manager's service as a Social Media Manager to the Client.
3. The Social Media Manager’s obligations under this Section 6 shall not apply to any information that (i) is or becomes known to the general public under circumstances involving no breach by the Social Media Manager or others of the terms of this Section 6, (ii) is generally disclosed to third parties by the Client without restriction on such third parties, or (iii) is approved for release by written authorization of an officer of the Client.
4. The Social Media Manager agrees that all files, documents, letters, memoranda, reports, records, data sketches, drawings, models, laboratory notebooks, program listings, computer equipment or devices, computer programs or other written, photographic, or other tangible material containing Proprietary Information, whether created by the Social Media Manager or others, which shall come into Social Media Manager's custody or possession, shall be and are the exclusive property of the Client to be used by the Social Media Manager only in the performance of Social Media Manager's duties for the Client and shall not be copied or removed from the Client’s premises except in the pursuit of the business of the Client. All such materials or copies thereof and all tangible property of the Client in the custody or possession of the Social Media Manager shall be delivered to the Client, upon the earlier of (i) a request by the Client or (ii) the termination of this Agreement. After such delivery, the Social Media Manager shall not retain any such materials or copies thereof or any such tangible property.
5. The Social Media Manager agrees that Social Media Manager’s obligation not to disclose or to use information and materials of the types set forth in paragraphs (2) and (4) above, and Social Media Manager's obligation to return materials and tangible property set forth in paragraph (4) above extends to such types of information, materials and tangible property of customers of the Client or suppliers to the Client or other third parties who may have disclosed or entrusted the same to the Client or to the Social Media Manager.
6. The Social Media Manager acknowledges that the Client from time to time may have agreements with other persons or with the United States Government, or agencies thereof, that impose obligations or restrictions on the Client regarding inventions made during the course of work under such agreements or regarding the confidential nature of such work. The Social Media Manager agrees to be bound by all such obligations and restrictions that are known to Social Media Manager and to take all action necessary to discharge the obligations of the Client under such agreements.
1. All inventions, ideas, creations, discoveries, computer programs, works of authorship, data, developments, technology, designs, innovations and improvements (whether or not patentable and whether or not copyrightable) which are made, conceived, reduced to practice, created, written, designed or developed by the Social Media Manager, solely or jointly with others or under Social Media Manager's direction and whether during normal business hours or otherwise, (i) during the Consultation Period if related to the business of the Client or (ii) after the Consultation Period if resulting or directly derived from Proprietary Information (as defined below) (collectively under clauses (i) and (ii), "Inventions"), shall be the sole property of the Client. The Social Media Manager hereby assigns to the Client all Inventions and any and all related patents, copyrights, trademarks, trade names, and other industrial and intellectual property rights and applications therefore, in the United States and elsewhere and appoints any officer of the Client as Social Media Manager's duly authorized attorney to execute, file, prosecute and protect the same before any government agency, court or authority. However, this paragraph shall not apply to Inventions which do not relate to the business or research and development conducted or planned to be conducted by the Client at the time such Invention is created, made, conceived or reduced to practice and which are made and conceived by the Social Media Manager not during normal working hours, not on the Client’s premises and not using the Client’s tools, devices, equipment or Proprietary Information. The Social Media Manager further acknowledges that each original work of authorship which is made by the Social Media Manager (solely or jointly with others) within the scope of the Agreement and which is protectable by copyright is a "work made for hire," as that term is defined in the United States Copyright Act.
2. Upon the request of the Client and at the Client’s expense, the Social Media Manager shall execute such further assignments, documents and other instruments as may be necessary or desirable to fully and completely assign all Inventions to the Client and to assist the Client in applying for, obtaining and enforcing patents or copyrights or other rights in the United States and in any foreign country with respect to any Invention. The Social Media Manager also hereby waives all claims to moral rights in any Inventions.
3. The Social Media Manager shall promptly disclose to the Client all Inventions and will maintain adequate and current written records (in the form of notes, sketches, drawings and as may be specified by the Client) to document the conception and/or first actual reduction to practice of any Invention. Such written records shall be available to and remain the sole property of the Client at all times.
4. Notwithstanding the foregoing in this Section 6(b), the ownership and use of the Inventions that are assigned to the Client in Section 6(b)(i) (the "Assigned Inventions") shall be limited as set forth in Exhibit B.
7. Limitation of Liability. Notwithstanding anything to the contrary contained elsewhere herein, neither party shall be liable to the other for any consequential, special, incidental, indirect or punitive damages of any kind or character, including, but not limited to, loss of use, loss of profit, loss of anticipated profit, loss of bargain, loss of revenue or loss of product or production, however arising under this contract or as a result of, relating to or in connection with the service and the parties’ performance of the obligations hereunder, and no such claim shall be made by any party against the other regardless of whether such claim is based or claimed to be based on negligence (including sole, joint, active, passive, or concurrent negligence, but excluding gross negligence), fault, breach of warranty, breach of agreement, breach of contract, statute, strict liability or any other theory of liability.
8. Indemnification. The Social Media Manager shall be solely liable for, and shall indemnify, defend and hold harmless the Company and its successors and assigns from any claims, suits, judgments or causes of action initiated by any third party against the Company where such actions result from or arise out of the services performed by the Social Media Manager or its Employees under this Agreement. The Social Media Manager shall further be solely liable for, and shall indemnify, defend and hold harmless the Company and its successors and assigns from and against any claim or liability of any kind (including penalties, fees or charges) resulting from the Social Media Manager’s or its Employees’ failure to pay the taxes, penalties, and payments referenced in Section 9 of this Agreement. The Social Media Manager shall further indemnify, defend and hold harmless the Company and its successors and assigns from and against any and all loss or damage resulting from any misrepresentation, or any non-fulfillment of any representation, responsibility, covenant or agreement on its part, as well as any and all acts, suits, proceedings, demands, assessments, penalties, judgments of or against the Company relating to or arising out of the activities of the Social Media Manager or its Employees and the Social Media Manager shall pay reasonable attorneys’ fees, costs and expenses incident thereto.
9. Independent Contractor Status. The parties shall be deemed independent contractors for all purposes hereunder. Accordingly:
a. The Social Media Manager will use its own equipment, tools and materials to perform its obligations hereunder.
b. The Client will not control how the Service is performed on a day-to-day basis and the Social Media Manager will determine when, where and how the Service will be provided.
c. The Client will not provide training to the Social Media Manager.
d. The Social Media Manager will be solely responsible for all state and federal income taxes in connection with this Agreement.
e. This Agreement does not constitute an employment, partnership, joint venture or agency between the parties hereto, nor shall either of the parties hold itself out as such contrary to the terms hereof by advertising or otherwise nor shall either of the parties become bound or become liable because of any representation, action or omission of the other.
a. Survival. Sections 4 through 11 shall survive the expiration or termination of this Agreement.
b. Non-Solicitation. During the Service Period and for a period of [six (6) months] thereafter, the Social Media Manager shall not, either alone or in association with others, (a) solicit, or permit any organization directly or indirectly controlled by the Social Media Manager to solicit, any employee of the Client to leave the employment of the Client, or (b) solicit or permit any organization directly or indirectly controlled by the Social Media Manager to solicit any person who is engaged by the Client.
c. Use of Subcontractors. The Social Media Manager may use trusted contractors to complete components of the Social Media Manager’s obligations hereunder, provided that the Social Media Manager shall remain solely responsible for such contractors’ performance, that the Client shall have no obligation to such contractors and the use of such contractors shall not cause any increase in fees, costs or expenses that would otherwise be payable hereunder.
d. Entire Agreement. This Agreement (including the documents referred to herein) constitutes the entire agreement between the Client and the Social Media Manager and supersedes any prior understandings, agreements or representations by the parties, whether written or oral, with respect to the subject matter hereof.
e. Assignment. Neither party may assign or transfer this Agreement in whole or in part, nor any of the rights hereunder, without prior written consent of the other party.
f. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed effective upon personal delivery or upon deposit in the United States Post Office, by registered or certified mail, postage prepaid, addressed to the other party at the address shown above, or at such other address or addresses as either party shall designate to the other in accordance with this Section 13.
g. Amendments. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each party.
h. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. If the final judgment of a court of competent jurisdiction declares that any term or provision hereof is invalid or unenforceable, the Social Media Manager and the Client agree that the court making the determination of invalidity or unenforceability shall have the power to limit the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified.
i. Force Majeure. Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, fire, embargo, riot, sabotage, or failure of third party power or telecommunications networks, provided that the delayed party: (a) gives the other party prompt notice of such cause and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance.
j. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of (other than any principle of conflict or choice of laws that would cause the application of the laws of any other jurisdiction).
k. Arbitration. Any unresolved controversy or claim arising out of or relating to this Agreement, except as (i) otherwise provided in this Agreement, or (ii) any such controversies or claims arising out of either party’s intellectual property rights for which a provisional remedy or equitable relief is sought, shall be submitted to arbitration by one arbitrator mutually agreed upon by the parties, and if no agreement can be reached within thirty (30) days after names of potential arbitrators have been proposed by the American Arbitration Association (the “AAA”), then by one arbitrator having reasonable experience in corporate finance transactions of the type provided for in this Agreement and who is chosen by the AAA. The arbitration shall take place in , , in accordance with the AAA rules then in effect, and judgment upon any award rendered in such arbitration will be binding and may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
l. Counterpart. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. This Agreement may be executed by facsimile, digital or electronic signature.