What is a Sponsorship Agreement Review?
A sponsorship agreement is a contract between a brand/company and individual. Common contract types include financial, media, and promotional sponsorships.
This agreement outlines important terms for both parties to benefit from the working relationship. Since this document is legally binding, it’s essential to review it before agreeing to all its terms.
Read the rest of this article to understand what’s typically included in a sponsorship agreement, how you can review it, and when to consult with a lawyer for a thorough review to give you peace of mind.
What Does a Sponsorship Agreement Contain?
A sponsorship agreement usually contains key terms and important information such as:
- Term duration. This specifies how long the agreement between parties will last, with specific dates included. There might be information about automatic renewals, if the parties can extend the term length, and how they can provide notice for the latter.
- Exclusivity. This clause includes information about how the sponsored party isn’t allowed to align themselves with the sponsor’s competitors. It must be detailed to prevent accidental violations.
- Payments. What the sponsor should pay the sponsored party, as well as when, must be detailed for clarity. This can include lump-sum or installment payments.
- Termination. If either party wants to end the contract earlier than expected, the agreement should specify what processes they should follow, as well as what termination consequences are included.
- Intellectual Property (IP). This provides information on how the sponsored party can grant a license to the sponsor for them to use the IP.
- Liability. Parties will want to try to minimize their liability risk, such as by excluding liability for specific claims.
What are Tips for Reviewing a Sponsorship Agreement?
To ensure you enter into a sponsorship agreement with peace of mind, there are some important ways to review it.
Define the Payment Terms
How the sponsor will make payments and how much the payments will be must be clear in the document. If there are penalties for delayed or missing payments, these should be included to protect the other party.
Consider Your Obligations
The sponsored party should know what duties they will have to fulfill to benefit from the sponsorship. For example, obligations might include meeting specific milestones or delivering agreed-upon benefits.
Be specific about deliverables so that they’ll be easier to achieve. For example, if you’re providing social media posts, the agreement should include information about how many posts are required, the content type, and so on.
Think About Termination Triggers
The sponsorship agreement should clarify what can cause the agreement to be terminated, such as breach or nonpayment. Notice periods (such as giving 30 days’ notice prior to termination) must also be included so that termination is fair and reasonable for both parties.
Protect Your IP Rights
In the IP clause of the agreement, check for clarity about how the IP is allowed to be used as well as any restrictions.
Ownership has to be specified so that there are no future disputes. You should understand who will own IP that’s created during the agreement term, such as written content or images.
Check for Red Flags
There are some things to flag in a sponsorship agreement. These include:
- Vague language. If anything’s unclear, you don’t want to sign the agreement as it could put you at legal or financial risk without you realizing it. During your review of the contract, make note of anything ambiguous or too general.
- Legal jargon. This can make the sponsorship agreement feel confusing. A lawyer can help you to unpack it so that you understand everything the contract contains.
- One-sidedness. If the contract seems to favor one party, such as by giving them more termination rights, this should be queried with the other party as it can lead to unfair situations.
Do You Need a Lawyer to Review a Sponsorship Agreement?
It’s advisable to have a lawyer review your sponsorship agreement to protect your interests. A lawyer will work through the contract methodically, ensuring enforceability and legal compliance. Here are some ways in which they’ll review the document.
- They’ll assess if all parties are identified correctly to prevent issues later.
- They’ll check for any vague or misleading terms and ensure they’re clearly defined throughout the agreement. This protects you against future disputes.
- They’ll examine important aspects of the document, such as scope of work and duties. They’ll clarify what rights and responsibilities you have.
- They’ll check that all deliverables and their timelines are realistic.
- They’ll check that all payment terms are accurate and fair.
- They’ll help you consider consequences, such as for non-payment, that can harm you in future.
- They’ll consider your risk allocation, such as by clearly defining all liability caps.
- They’ll confirm that the agreement is aligned with all relevant laws and regulations.
- They’ll negotiate any unfavorable terms with the other party.
Where Can You Get a Legal Review of a Sponsorship Agreement?
If you want to hire a lawyer to give your sponsorship agreement a thorough legal review, you might wonder where to find one. Online legal platforms make the process of hiring a lawyer easier.
One of the largest online legal marketplaces is ContractsCounsel, where you can find lawyers with years of experience in contract reviews and have been vetted on the platform.
All you have to do is request a review of your sponsorship agreement on the platform. Here are the simple steps to follow.
1. Go to the ContractsCounsel marketplace. Post your project for free. Be specific and add any details that will help the lawyers understand your needs.
2. Wait to receive lawyer bids. You’ll receive multiple bids from lawyers directly on the platform who can assist you.
4. Once you receive the lawyer bids, you should review the lawyers' profiles. There’s lots of info on the platform to help you choose the best lawyer, such as their location, years of experience, field of expertise, previous projects, and client ratings.
5. Hire a lawyer you think is best for your legal requirements.