Marketing Services
Effective Date: 4/11/24

1. Parties

This agreement is between [Danielle Dodd/ Make Way Media] ("Freelancer"), based in the United Kingdom, and [Helen & Angelo/ The Gluten Free World] ("Client").

2. Scope of Services

Freelancer agrees to provide social media marketing services to the Client, as detailed in the attached proposal. Services will focus on promoting the Client’s products, with particular emphasis on the large cherry Bakewell tart, via social media platforms such as Facebook, Instagram, and TikTok, as well as occasional website content updates.

3. Service Hours and Payment

• Hours: Freelancer will work two hours per week on Client’s project.

• Hourly Rate: £20 per hour.

• Payment Terms: Payment is due weekly, with invoices issued every [Insert Day, e.g., Friday] and payment required within 7 days of the invoice date.

• Late Payment: If payment is not received within the stated period, a late fee of [insert rate, e.g., 5%] per month may be applied. Freelancer reserves the right to pause services until payment is received.

4. Duration and Termination

• Contract Duration: This contract is valid from the start date specified above and will continue indefinitely unless terminated as outlined below.

• Annual Review: Both parties agree to review the contract terms annually to ensure that the scope, rates, and conditions remain suitable for both parties.

• Termination: Either party may terminate this contract with 30 days' written notice. In the event of termination, Client is liable for payment of all work completed up to the termination date.

5. Product Provision

Occasionally, the Client may provide the Freelancer with sample products (such as baked goods) to enhance marketing content. Product provision is not required but may be provided at the Client’s discretion, with the understanding that all products received are solely for marketing purposes.

6. Intellectual Property and Copyright

• All original content created by the Freelancer for the Client (including, but not limited to, social media posts, blog entries, and photographs) will become the property of the Client upon full payment for the work.

• Freelancer retains the right to showcase selected work in an online portfolio for self-promotional purposes unless otherwise requested by the Client.

7. Confidentiality

Both parties agree to maintain strict confidentiality regarding all non-public information, trade secrets, and proprietary information of the other party, including pricing, business practices, and customer details, as applicable to UK confidentiality laws.

8. Indemnity and Liability

• Freelancer will provide services to the best of their ability and with all reasonable skill and care. However, due to the nature of social media and the variables outside of Freelancer's control, no specific results (such as engagement levels or conversions) are guaranteed.

• Client agrees to indemnify Freelancer against any and all claims, damages, liabilities, and costs arising from content provided by the Client or any actions taken based on the Freelancer’s work.

9. Force Majeure

Neither party shall be liable for failure to fulfil their obligations under this contract if the failure is caused by circumstances beyond their reasonable control, such as natural disasters, wars, strikes, or government actions.

10. Governing Law and Dispute Resolution

• This contract is governed by and shall be interpreted in accordance with the laws of England and Wales.

• In the event of a dispute, both parties agree to first attempt mediation. If mediation does not resolve the dispute, legal action may be taken within the jurisdiction of England and Wales.

10. Illness, Holidays, and Absence

10.1 Illness and Sick Leave

• As a freelance contractor, the Freelancer is not eligible for Statutory Sick Pay or paid sick leave. However, in recognition of the nature of freelance work, the following terms apply in cases of illness:

• Short-Term Absences: For short-term absences due to illness (up to 5 consecutive working days), the Freelancer will notify the Client as soon as possible. The Freelancer will make a reasonable effort to reschedule work or adjust timelines without incurring any penalties or loss of fees.

• Extended Illness: In cases of illness lasting more than 5 consecutive working days, the Freelancer will communicate the situation to the Client as soon as possible. Both parties may agree to adjust deadlines or temporarily pause services without additional fees. The Freelancer may arrange alternative coverage if necessary, at their discretion.

10.2 Holiday and Planned Absences

• The Freelancer is entitled to take holiday time as needed, provided at least [e.g., 1 week] notice is given to the Client for absences lasting more than one day.

• During holidays, the Freelancer will make reasonable efforts to complete scheduled work in advance or adjust timelines in consultation with the Client. Where feasible, the Freelancer may also arrange temporary coverage to maintain continuity during the holiday period. No additional charges or penalties will apply for holiday time.

10.3 Payment and Deadlines During Absences

• In the event of an agreed-upon absence, the Freelancer may, at their discretion, adjust timelines to complete tasks upon return. The Freelancer is not liable for missed deadlines caused by illness or holiday absences, provided timely notice has been given.

• If rescheduling work is not feasible, both parties may agree to temporarily reduce the weekly hours or pause services until the Freelancer is able to resume work.

10.4 Emergency Leave

• For emergency or unforeseen absences, the Freelancer will inform the Client at the earliest opportunity. The Freelancer will propose a reasonable plan to either reschedule or reallocate work as needed.

This clause allows for flexible management of both planned and unplanned absences, ensuring the Freelancer can manage their schedule independently and with minimal disruption to the Client’s work.

11. Amendments

This contract may only be amended or modified by written agreement signed by both parties. A formal review of this contract will occur annually, where both parties may discuss any desired changes to terms, rates, or conditions.

Acceptance of Terms
By signing below, both parties acknowledge and agree to the terms and conditions of this freelance marketing services contract.