7
PLAYBOOK TEMPLATES
Public Relations (PR) Agency Agreement
A PR Agency Agreement defines the scope of public relations services, deliverables, and media obligations. This playbook examines confidentiality, approval rights, and crisis response provisions.
Indemnification & Liability
Negotiation strategy
Ensure that indemnification clauses cover all potential third-party claims, including intellectual property and data breaches. Negotiate a liability cap that aligns with industry standards.
Focus on limiting indemnification obligations to areas where the contractor has control. Advocate for a reasonable liability cap to avoid excessive financial exposure.
Essential elements
1
Indemnification Scope
Coverage for third-party claims.
2
Liability Cap
Maximum financial exposure limit.
3
Exclusions
Exceptions to liability limits.
Action framework
ACCEPT
Propose edits when indemnification scope is too broad or liability cap is too low.
EDIT
Reject clauses that impose unlimited liability or lack mutual indemnification.
ADD
Add clauses for specific risks like data breaches or regulatory compliance.
PRO TIP
Always ensure indemnification clauses are mutual and liability caps are clearly defined.
Real-world examples
FAVORABLE
Balanced Indemnification Clause
"Each party shall indemnify, defend, and hold harmless the other party from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with any third-party claim alleging that the indemnifying party's intellectual property infringes or misappropriates any third-party intellectual property rights."
NEUTRAL
Standard Liability Cap
"The total aggregate liability of each party under this agreement shall not exceed [insert agreed cap]."
UNFAVORABLE
Unlimited Liability Clause
"Neither party shall limit its liability for any claims, damages, or losses."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, consider increasing the liability cap and expanding indemnification to cover additional risks such as environmental damage.
Cross-Border Transactions
For cross-border transactions, ensure indemnification clauses comply with international laws and consider currency fluctuations in liability caps.
Technology Agreements
In technology agreements, focus on indemnification for IP infringement and data breaches, and ensure liability caps reflect the value of the technology involved.
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WEEK 3
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