Restaurant Social Media Marketing Agreement
This Restaurant Social Media Marketing Agreement (the "Agreement") is entered into as of [Effective Date] by and between [Your Company Name], located at [Your Company Address] ("Restaurant"), and [Social Media Marketing Agency Name], located at [Agency Address] ("Agency").
WHEREAS, Restaurant desires to engage Agency for social media marketing services to promote its brand and products/services on various social media platforms; and
WHEREAS, Agency represents that it has the expertise and capability to provide such services in accordance with the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
I. Scope of Services
A. Agency agrees to provide comprehensive social media marketing services to Restaurant, including but not limited to:
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Developing social media content calendars.
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Creating and publishing engaging posts on agreed-upon social media platforms, including Instagram, Facebook, and Twitter.
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Monitoring and responding to comments and messages within 24 hours.
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Implementing targeted advertising campaigns.
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Providing monthly performance reports.
B. The Services will be carried out with the objective of enhancing Restaurant’s online presence, increasing brand awareness, and driving customer engagement.
II. Content Creation and Approval
A. Agency shall be responsible for creating original and compelling content for Restaurant's social media channels, including text, images, and videos.
B. Restaurant shall have the right to review and approve all content before it is published to ensure it aligns with the brand’s voice and guidelines.
C. Approval Process:
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Agency submits proposed content to Restaurant for review at least 7 days before the scheduled posting date.
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Restaurant provides feedback and requests revisions, if necessary, within 3 days of receiving the content.
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Final approval is granted by Restaurant before the content is published.
III. Branding Guidelines
A. Agency shall adhere to Restaurant’s branding guidelines, ensuring consistency across all social media platforms. This includes:
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Use of Restaurant's logo, colors, and visual elements as specified in the branding guide.
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Maintaining a consistent brand voice and messaging in all posts and interactions.
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Compliance with any specific branding requirements or restrictions provided by Restaurant.
B. Any deviations from branding guidelines must be approved by Restaurant in writing prior to implementation.
IV. Promotional Campaigns
A. Agency and Restaurant may collaborate on specific promotional campaigns designed to increase brand awareness and customer engagement.
B. Each campaign will have clearly defined objectives, target audience, and duration. Campaign details, including creative concepts and timelines, will be mutually agreed upon by both parties.
C. Agency shall execute the promotional campaigns in accordance with the agreed-upon terms and schedule, ensuring timely and effective implementation.
V. Compensation
A. Monthly Retainer Fee: Restaurant agrees to pay Agency a monthly retainer fee of [Amount] for the Services provided.
B. Payment Schedule: Payments shall be made on the first day of each month, within 7 days of receiving the invoice from Agency.
C. Additional Compensation: Any additional services or specific promotional campaigns not covered under the monthly retainer fee will be compensated separately, as mutually agreed upon in writing by both parties.
D. Late Payment: Any payment not received within the specified timeframe will be subject to a late fee of [Late Fee Amount].
VI. Performance Metrics
A. Agency shall provide monthly performance reports detailing key performance indicators (KPIs) such as:
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Engagement rate
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Reach
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Impressions
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Conversion rate
B. Reporting Schedule: Performance reports shall be submitted to Restaurant within 5 days of the end of each month.
C. Evaluation: Performance metrics will be used to evaluate the effectiveness of the social media marketing efforts. Regular review meetings will be held monthly to discuss the results and make any necessary adjustments to the strategy.
VII. Intellectual Property
A. Ownership of Content: All content created by Agency for Restaurant's social media channels shall be considered the intellectual property of Restaurant.
B. Licensing: Agency grants Restaurant a non-exclusive, royalty-free license to use the content for promotional and marketing purposes across all media.
C. Use of Restaurant’s Intellectual Property: Agency is granted the right to use Restaurant's logos, trademarks, and other branding elements solely for the purpose of creating and publishing content under this Agreement. Any other use must be pre-approved in writing by Restaurant.
D. Modifications: Restaurant shall have the right to request removal or modification of any content that does not comply with branding guidelines or is deemed inappropriate, with such changes to be made by Agency within 3 days of the request.
VIII. Confidentiality
A. Confidentiality Obligations: Both parties agree to keep confidential all information, whether written or oral, concerning the other's business affairs, marketing strategies, and proprietary data.
B. Duration: The confidentiality obligations shall remain in effect during the term of this Agreement and for a period of two years after its termination.
C. Exceptions: Confidential information does not include information that is publicly known or subsequently becomes publicly known through no breach of this Agreement, or information that is independently developed without reference to the confidential information.
IX. Term and Termination
A. Term: This Agreement shall commence on [Effective Date] and continue for a period of one year unless terminated earlier in accordance with the provisions herein.
B. Termination for Convenience: Either party may terminate this Agreement for convenience by providing 30 days' written notice to the other party.
C. Termination for Cause: Either party may terminate this Agreement immediately if the other party breaches any material term or condition of this Agreement and fails to cure such breach within 15 days of receiving written notice of the breach.
D. Effect of Termination: Upon termination, Agency shall cease all services and return or destroy all confidential information belonging to Restaurant. Any fees due for services rendered up to the date of termination shall be payable within 15 days.
X. Indemnification
A. Indemnification by Agency: Agency agrees to indemnify and hold harmless Restaurant, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, and expenses, including reasonable attorney’s fees, arising out of or in connection with any breach of this Agreement by Agency or any act or omission by Agency in the performance of its services.
B. Indemnification by Restaurant: Restaurant agrees to indemnify and hold harmless Agency, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, and expenses, including reasonable attorney’s fees, arising out of or in connection with any breach of this Agreement by Restaurant or any act or omission by Restaurant in the performance of its obligations.
XI. Dispute Resolution
A. Mediation: In the event of any dispute arising out of or relating to this Agreement, the parties shall first attempt to resolve the dispute through mediation conducted by a neutral third-party mediator agreed upon by both parties.
B. Arbitration: If the dispute is not resolved through mediation within 30 days, it shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [City, State], and the arbitrator’s decision shall be final and binding on the parties.
C. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of [State].
XII. Miscellaneous Provisions
A. Amendments: This Agreement may be amended only by a written document signed by both parties. Any proposed amendments shall be discussed and agreed upon within 30 days of the proposal.
B. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, agreements, or understandings of any kind.
C. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
D. Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision.
Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Restaurant Social Media Marketing Agreement as of the day and year first above written.
Restaurant
[Name]
[Date]
Agency
[Name]
[Date]
