Restaurant Marketing Agreement

I. Introduction

This Restaurant Marketing Agreement ("Agreement") is entered into on [Date], by and between [Your Company Name] ("Restaurant") located at [Your Company Address], and [Second Party] ("Marketing Agency"), located at [Second Party Address], collectively referred to as the "Parties."

II. Scope of Work

The Marketing Agency agrees to provide the Restaurant with comprehensive marketing services including but not limited to social media management, email marketing campaigns, website development, and online advertising. Deliverables will be outlined in the attached Schedule A, with timelines for completion mutually agreed upon by both Parties.

III. Responsibilities

The Restaurant agrees to provide the Marketing Agency with necessary information, materials, and approvals in a timely manner to facilitate the execution of marketing campaigns. The Marketing Agency will use its expertise and resources to promote the Restaurant effectively and will provide regular updates and reports on the progress of marketing initiatives.

IV. Compensation

In consideration for the services provided by the Marketing Agency, the Restaurant agrees to pay a monthly retainer fee of $[00] as outlined in Schedule B. Additional expenses incurred in the course of providing marketing services, such as advertising costs, will be reimbursed by the Restaurant upon presentation of receipts.

V. Term and Termination

This Agreement shall commence on [Date] and shall continue for a period of [Duration]. Either Party may terminate this Agreement upon [00] days' written notice to the other Party in the event of a material breach of the Agreement or for any other reason with mutual consent.

VI. Intellectual Property Rights

All intellectual property rights in materials created or developed by the Marketing Agency in connection with the marketing services shall belong to the Restaurant. The Restaurant grants the Marketing Agency a non-exclusive license to use its trademarks, logos, and other branding elements solely for the purpose of performing the services outlined in this Agreement.

VII. Confidentiality

Both Parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the term of this Agreement. This includes but is not limited to customer lists, marketing strategies, and financial information. Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing Party.

VIII. Representations and Warranties

The Restaurant represents and warrants that it has the authority to enter into this Agreement and that all information provided to the Marketing Agency is accurate and complete. The Marketing Agency represents and warrants that it will perform the services in a professional and timely manner, using reasonable skill and care.

IX. Indemnification

The Restaurant agrees to indemnify and hold harmless the Marketing Agency from any claims, damages, or liabilities arising out of the Restaurant's breach of this Agreement or any negligent or unlawful acts or omissions. Similarly, the Marketing Agency agrees to indemnify and hold harmless the Restaurant from any claims arising out of the Marketing Agency's breach of this Agreement or negligence.

X. Limitation of Liability

In no event shall either Party be liable to the other Party for any indirect, incidental, consequential, special, or punitive damages arising out of or related to this Agreement, whether in contract, tort, or otherwise, even if advised of the possibility of such damages.

XI. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or relating to this Agreement shall be resolved through negotiation in good faith. If negotiation fails, the Parties agree to submit to the exclusive jurisdiction of the courts of [Jurisdiction].

XII. Miscellaneous Provisions

This Agreement constitutes the entire understanding between the Parties concerning the subject matter herein and supersedes all prior agreements and understandings. No amendment or modification of this Agreement shall be valid unless made in writing and signed by both Parties.

XIII. Signatures

IN WITNESS WHEREOF, the Parties to this Agreement have duly executed it as of the date first written above.

[Your Name]

[Your Company Name]

[Representative Name]

[Second Party]