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Social Media Management Agreement

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Parties & Engagement Overview›Platforms & Services›Content Creation & Approval…

Parties & Engagement Overview13 questions

1. What type of business entity is the company entering into this document?

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2. Which state's laws govern this agreement?

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3. What is the full legal name of the social media manager or agency?

4. What is the manager's legal entity type?

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5. Does the manager operate under a DBA or brand name different from the legal name?optional

6. May the manager use subcontractors, freelancers, designers, editors, copywriters, or overseas personnel to perform services?

7. What is the manager's business address?

8. What is the full legal name of the client (the business or person hiring the manager)?

9. What is the client's legal entity type?

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10. What is the client's business address?

11. Are there any brand names, DBA names, or affiliated brands whose accounts are also covered by this agreement?optional

12. When does this agreement begin?

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13. Is this an ongoing monthly engagement or a fixed-term project?

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Platforms & Services9 questions

14. Which social media platforms will the manager manage?

15. For each account in scope, describe the handle/URL, account owner of record, and access level the manager will receive.

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16. Which services will the manager provide? (Select all that apply)

17. Which services are expressly excluded from the manager's scope?

18. What is the agreed minimum posting frequency?

19. Will the manager prepare a content calendar, and how often must it be delivered or approved?

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20. If community management is included, what is the manager's response scope?

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21. Will the manager coordinate influencers, affiliates, ambassadors, UGC creators, or collaborations?

22. Is crisis communications, reputation management, or urgent response included in this engagement?

Content Creation & Approval10 questions

23. What content approval process applies to this engagement?

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24. Will the client provide written brand guidelines to the manager?

25. What assets, approvals, or information must the client provide to enable the manager to perform services?

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26. Who is responsible for ensuring that product, performance, health, financial, or environmental claims in content are accurate and substantiated?

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27. Does the client operate in a regulated industry that requires special disclaimers, compliance review, or approval workflows for social content?

28. Which content categories require special client or legal review before the manager posts them, even in autonomous-posting arrangements?

29. How many rounds of revisions are included per piece of content?

30. Under what circumstances may the client require the manager to edit, delete, retract, or correct a post after it has been published?

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31. Are there any topics, competitors, or subjects the manager must never post about?optional

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32. Are accessibility standards required for content — such as captions, alt text, subtitles, or image descriptions?

Paid Advertising1 question

33. Will the manager run paid social media advertising campaigns?

Account Access & Security5 questions

34. How will account login credentials be shared with the manager?

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35. Will the manager be required to enable two-factor authentication on all managed accounts?

36. What third-party scheduling, analytics, design, listening, or ad management tools will the manager use to access or manage client accounts?

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37. What procedure applies if an account is compromised, credentials leak, or suspicious activity is detected?

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38. Does the agreement confirm that all social media accounts, ad accounts, pixels, audiences, content libraries, analytics, and platform data are owned exclusively by the client?

Content Ownership & IP6 questions

39. Who owns the content created by the manager for the client's social media accounts?

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40. Must the manager deliver raw or editable source files — such as Photoshop, Illustrator, Premiere, or Canva files — or only final published content?

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41. Will content include stock photos, music, licensed fonts, user-generated content, or third-party footage?

42. Will the manager use generative AI tools (e.g., ChatGPT, Midjourney, Adobe Firefly) to create copy, images, video, or strategy materials?

43. May the manager use client content, metrics, screenshots, or results in their own portfolio, case studies, or marketing materials?

44. Who maintains archives and backups of published content, content calendars, source files, and performance reports?

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Performance & Results Disclaimer2 questions

45. Does the agreement include an explicit disclaimer that the manager makes no guarantees about follower growth, engagement rates, or revenue results?

46. Will the agreement include agreed-upon KPIs that the manager will track (without guaranteeing results)?

FTC & Platform Compliance4 questions

47. Will the manager ever post sponsored content, gifted product reviews, affiliate links, influencer collaborations, or paid partnerships on the client's accounts?

48. Will the manager run contests, giveaways, sweepstakes, promotions, or influencer collaborations on the client's accounts?

49. Will the manager access personal data from the client's accounts — such as customer DMs, lead form submissions, audience lists, pixel data, or analytics?

50. Does the agreement require both parties to comply with each platform's Terms of Service — including prohibitions on buying followers, fake engagement, automation abuse, and prohibited ad targeting?

Reporting & Analytics4 questions

51. How often will the manager deliver performance reports?

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52. What format and delivery deadline applies to performance reports?

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53. Which platform or tool will serve as the source of truth for performance metrics?

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54. Are strategy calls, performance reviews, or status meetings included in this engagement?

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Confidentiality & Non-Solicitation6 questions

55. What confidential information must the manager protect?

56. What standard exceptions apply to the confidentiality obligation?

57. Does the agreement prohibit the manager from soliciting or recruiting the client's social media audience for their own benefit?

58. Should either party be restricted from soliciting the other's employees, contractors, creators, or vendors?optional

59. Should either party have non-disparagement obligations — prohibiting negative public statements about the other?optional

60. How many months after the agreement ends do general confidentiality obligations last?

Competitive Accounts Policy1 question

61. Does the agreement restrict the manager from simultaneously managing social media for the client's direct competitors?

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Payment Terms8 questions

62. What is the manager's base monthly retainer fee (in dollars)?

63. Is there a one-time setup or onboarding fee separate from the monthly retainer?

64. What rates apply for out-of-scope work — such as extra posts, rush content, video production, additional platforms, or add-on services?optional

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65. Will the client reimburse the manager for out-of-pocket expenses such as stock assets, tool subscriptions, travel, or production costs?

66. Who pays for third-party social media tool subscriptions — such as scheduling, analytics, design, listening, or link-in-bio tools?

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67. When is payment due each month?

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68. May the manager suspend work, posting, ad management, or tool access if the client fails to pay an overdue invoice?

69. Is there a late payment fee for overdue invoices?

Termination & Off-boarding6 questions

70. How many days' written notice is required to terminate this agreement for convenience (without cause)?

71. What grounds allow immediate or short-notice termination for cause?

72. Within how many hours of termination must account access be revoked by the client and all credentials returned by the manager?

73. What materials must the manager return or transfer to the client upon termination?

74. What happens to scheduled posts, active ad campaigns, open drafts, and in-progress work at the time of termination?

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75. Will the manager provide transition assistance — such as briefing the successor manager, documenting strategy, or supporting account transfers?

Risk Allocation4 questions

76. Should the agreement waive indirect, consequential, special, punitive, lost-profits, or lost-revenue damages?

77. Should the manager's total liability to the client be capped?

78. Should the agreement include mutual indemnification obligations?

79. Should the agreement require the manager to maintain professional liability, media liability, cyber, or general liability insurance?optional

Dispute Resolution2 questions

80. How should disputes be resolved?

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81. Should the prevailing party in any dispute be entitled to recover attorneys' fees and costs?

General Terms6 questions

82. Should the agreement expressly state that the manager is an independent contractor with no authority to bind the client?

83. How may scope, platforms, posting cadence, fees, ad budgets, or deliverables be changed during the engagement?

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84. May either party assign this agreement — for example, in a business sale, merger, agency acquisition, or reorganization?

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85. How must formal notices — such as termination, breach, or indemnity claims — be delivered?

86. Should the agreement permit electronic signatures and execution in counterparts?

87. Will this document be signed electronically?optional

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Required — please read and check this box to generate:ArtiEsq provides self-help legal information and document automation. ArtiEsq is not a law firm, does not provide legal advice, and use of this product does not create an attorney-client relationship. You are responsible for reviewing the document and determining whether you should consult a licensed attorney for legal advice about your specific situation.

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