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Marketing contract payment required for 6 months a good idea?

Provided by:  Jennifer Kirschenbaum, Esq.

October 12, 2017

 

Question:


Hi Jennifer,

I am excited about hiring a marketing company for my practice, but the company I like is requiring me to commit for 6 months because of the resources and results timing they say they need to prove their worth.  I am paying a monthly fee.  What do you think?

Thanks in advance,
Dr. S

Answer:

I’m okay with no “without cause” termination for 6 months so long as you can get out of the agreement with no more money due if the marketing company isn’t performing.  So, as part of the business terms you need to push them to get specific on what “performance” means.  Does it entail a certain number of meetings?  Materials creation?  Actual dissemination of Ad campaigns?  Be very specific on services you are being sold and delivery times.   This way we have parameters for a breach – and we can then add termination language is that if the vendor isn’t abiding by its own deliverables schedule, we have the right to terminate and no more money is owed.  That’s my best advice.  If they agree and you are ready to move forward, send over the contract and we’ll fix the language. 


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