10
PLAYBOOK TEMPLATES
Advertising Agency Agreement
An Advertising Agency Agreement governs creative and media services provided by an agency to a client. This playbook discusses ownership of deliverables, approval processes, and termination rights.
Audit Rights and Records
Negotiation strategy
Ensure the audit rights are comprehensive to cover all necessary records and data. Negotiate for reasonable frequency and minimal disruption to operations.
Limit the audit scope to relevant records and ensure confidentiality of findings. Negotiate for a fair allocation of audit costs.
Essential elements
1
Audit Scope
Defines records subject to audit.
2
Audit Frequency
Limits number of audits per year.
3
Confidentiality
Protects audit findings' privacy.
Action framework
ACCEPT
Propose edits if audit scope is too broad or frequency is excessive.
EDIT
Reject if audit rights are overly intrusive or lack confidentiality protections.
ADD
Add clauses if audit rights are missing or insufficient for compliance.
PRO TIP
Always ensure audit clauses align with both parties' operational capabilities and regulatory requirements.
Real-world examples
FAVORABLE
Preferred Audit Rights
"The Client shall have the right to audit the financial records, performance data, and compliance documentation of the Agency. Such audits shall be conducted during normal business hours and upon reasonable prior notice to the Agency. The scope of the audit shall be limited to records directly related to the services provided under this Agreement."
NEUTRAL
Fallback Audit Frequency
"The Client may conduct audits no more than twice per calendar year unless otherwise required by applicable law or regulation. Any additional audits shall require mutual agreement between the parties."
UNFAVORABLE
Excessive Audit Rights
"The Client may audit any and all records at any time without prior notice, regardless of relevance to the services provided."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, audit rights should be more comprehensive to ensure thorough oversight and risk mitigation.
Regulatory Compliance
For contracts subject to regulatory requirements, audit clauses must include specific language to ensure compliance with applicable laws.
Cost-Sensitive Agreements
In cost-sensitive agreements, parties should negotiate to share audit costs or limit audits to essential records only.
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WEEK 3
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WEEK 4
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