The German template is available on the German page. It covers:
- subject matter and individual project orders
- cooperation and approval – publication only after written approval
- legal review – notice of apparent risks; full legal review only if agreed
- use of AI – rules for AI tools, disclosure, Art. 50 AI Act labelling, no confidential data in training-enabled systems
- usage rights – exclusive, unlimited rights including trade mark registration of claims; third-party rights shown before approval
- remuneration – flat fees, hourly rates, media commission; third-party costs only after approval
- liability and indemnity – allocation between agency and client
- confidentiality – reasonable measures under the Trade Secrets Act
- optional exclusivity
- term and termination – handover of all files
Key point: without an express clause, the client only receives the rights necessary for the contractual purpose (Section 31(5) UrhG). Towards third parties, the client is directly liable for its agency’s advertising (Section 8(2) UWG).
Case examples
Who is liable for the claim?
An agency creates “Germany’s healthiest muesli”. Whether it must reimburse warning costs depends on whether the contract made it responsible for legal review.
Usage rights not agreed
After the contract ends, the client keeps using the agency’s images. The agreement should define scope, duration and territory of rights.
Influencers via the agency
Posts booked by the agency appear without ad labels. Contracts should set approval processes, labelling duties and recourse.
