How to Write an Endorsement Contract
- 1). Define the date and parties. The first paragraph of the endorsement agreement or endorsement contract must state the effective date written out in full, and the names and addresses of the parties involved in the contract.
- 2). Create a "Recitals" section. This section will explicitly identify: 1) the party that desires to obtain the right to use the name, likeness and endorsement of the person; 2) the fact that both parties wish to enter into an agreement; and 3) whether the contract will be used for commercial purposes.
- 3). Define the terms of the agreement. You will need to create a numbered list of terms such as "contract period," "contract year', "contract territory" and "subject Identification." Subject Identification typically includes items such as words, photographic representations, symbols, signatures, voice, likeness and other attributes that identify the subject.
- 4). Explain exclusive and non-exclusive rights. You will need to specify who owns the complete rights and control over certain materials such as photographs, logos, signatures and other items listed under "subject identification."
- 5). Provide details about further endorsement relationships. This statement will indicate that both parties agree to act in good faith and not be involved in any activities that may breach the terms of the endorsement agreement.
- 6). Explain payment schedules and terms. You will need to identify how the subject will be paid, when they will be paid and what will happen if payments become past due.
- 7). List specific endorsement services and personal appearance requirements. You will need to identify how and when the subject is expected to provide endorsement services outside the scope of the basic agreement and if they are responsible for making any public appearances. This section will also need to include reimbursement information for these additional services.
- 8). Specify cooperation guidelines. This section indicates whether the subject will need to obtain permission to work with other clients and states that the company will be furthering business activities that may require the subject to cooperate beyond the scope of the basic requirements.
- 9). Outline the confidentiality agreement/statement. Indicate to what extent the subject is bound by a confidentiality agreement and for how long. This will include whether they have a right to disclose their activities or relationship to a third party, and the consequences of a breach of agreement.
- 10
Identify enforcement guidelines. This section will indicate how the company will take action against the subject if they encounter a breach of agreement and what rights the subject has during any situation that leads to a lawsuit. - 11
Explain termination guidelines. List the subject's rights to terminate the agreement and the conditions under which a company may choose to terminate the agreement. This section may also include information about death/insurance policies if the subject died during the term of the agreement. - 12
List contact information in the notices section. Create a "Notices" section that includes the full name and address of contacts who are representing the company. - 13
State the "Governing Law" clause. Explain that the contract is entered into and performed within your state and in accordance with all applicable laws. - 14
Create a "Waiver" section. This area will indicate any waivers or addenda that may need to be signed before the endorsement contract can go into effect. - 15
Explain arbitration proceedings. Create an "Arbitration" section that explains how both parties can settle disputes or differences that lead to a lawsuit. This may include information about who is responsible for fees and a time limit on the number of days the party has to choose an arbitrator after a dispute notice has been issued. - 16
Finish with a "Signatures" section. This section will begin with the terms, "IN WITNESS WHEREOF, the Parties execute this Agreement intending to be legally bound," followed by spaces for names, dates and signatures of both parties. - 17
Attach any schedules or addenda. The agreement is not complete until all schedules and addenda referenced within the agreement are attached to the end of the document.