Nursing Home Marketing Contract

This Nursing Home Marketing Contract (the "Contract") is made and entered into on this day of ___ (Month), ____ (Year) (the "Effective Date"), by and between [Your Company Name], a corporation duly organized and existing under the laws of [State/Country of Incorporation], with its principal place of business located at [Your Company Address] ("Client"), and [Marketing Company Name], a corporation organized and existing under the laws of [State/Country of Incorporation], with its principal place of business located at [Marketing Company's Address] ("Agency").

1. SCOPE OF SERVICES

1.1 Services Provided

The Agency, recognizing the unique challenges and opportunities within the nursing home industry, agrees to provide the Client with an array of comprehensive marketing services tailored to enhance the Client's market presence and reach. The Services include, but are not limited to:

Brand Establishment: Developing a brand identity that resonates with the target demographic, including brand messaging, logos, and visual identity guidelines.
Advertising: Crafting and executing advertising campaigns across various platforms, including digital, print, and broadcast media, aimed at increasing visibility and attracting potential residents.
Promotion: Implementing promotional activities, such as open houses, discount offers, and referral programs, to incentivize new admissions.
Public Relations: Managing the Client’s public image and relations with the media, including press releases, media kits, and crisis communication.
Marketing Strategy Development and Implementation: Creating a comprehensive marketing strategy based on market research and industry trends, and overseeing its implementation to ensure alignment with the Client's objectives.

1.2 Method of Performing Services

The Agency commits to performing the Services with the highest level of professionalism, employing industry best practices and deploying skilled personnel. The Agency will:

Conduct thorough market research to inform strategy development.
Utilize innovative marketing tools and technologies for efficient service delivery.
Maintain transparent communication with the Client, providing regular updates and seeking feedback.
Allocate sufficient resources, including time, personnel, and technology, to meet or exceed the deliverables agreed upon.

2. TERM AND TERMINATION

2.1 Duration

This Contract shall be effective as of the Effective Date and shall continue in full force and effect until [Contract End Date], subject to earlier termination as provided herein.

2.2 Early Termination

This Contract may be terminated by either Party upon providing [number] days written notice to the other Party in the event of a substantial breach of contract terms and conditions, with such breach remaining uncured for [number] days following receipt of breach notification.

2.3 Consequences of Termination

Upon termination of this Contract for any reason:

The Client shall compensate the Agency for all Services satisfactorily performed up to the termination date, less any damages caused by the Agency's breach.

The Agency shall promptly return all Client materials, data, and confidential information.

Any provisions of this Contract that by their nature should survive termination will remain in effect, including confidentiality, indemnification, and intellectual property rights.

3. COMPENSATION

3.1 Fees

The Client shall compensate the Agency an agreed sum of [Total Amount] for the Services rendered under this Contract. The payment shall be made according to the schedule and terms outlined in Appendix A.

3.2 Expenses

The Agency will be reimbursed for reasonable, pre-approved expenses that are directly related to the provision of Services. Such expenses must be accompanied by appropriate documentation and shall be subject to the Client’s prior approval.

3.3 Invoicing and Payment

The Agency shall invoice the Client monthly, or as otherwise agreed upon, detailing the Services provided and expenses incurred during the billing period. Payment shall be due within [number] days of receipt of each invoice. Late payments may incur interest at the rate of [percentage] per month, calculated on a daily basis.

4. CONFIDENTIALITY AND INTELLECTUAL PROPERTY

4.1 Confidentiality

Each Party agrees to maintain the confidentiality of all proprietary information received from the other Party during the term of this Contract and for [number] years thereafter. This includes, but is not limited to, business and marketing plans, customer and vendor lists, and pricing and sales information.

4.2 Intellectual Property

All work products developed by the Agency in the course of performing the Services, including but not limited to campaigns, graphics, content, and strategies, shall remain the exclusive property of the Client. The Agency shall ensure that its contributions are original and do not infringe upon the intellectual property rights of any third party.

5. LIABILITY AND INDEMNIFICATION

5.1 Limitation of Liability

The Agency's total liability under this Contract for any claim is limited to the amount paid by the Client for the Services that are the subject of the claim. In no event shall the Agency be liable for any loss of profits, business interruption, or any indirect, special, incidental, or consequential damages arising out of or in connection with this Contract.

5.2 Indemnification

The Client agrees to indemnify and hold harmless the Agency and its officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses arising from the Client's use of the Services, except to the extent such claims directly result from the Agency's gross negligence or willful misconduct.

6. GENERAL PROVISIONS

6.1 Amendments

This Contract may only be amended in writing and signed by both Parties.

6.2 Waiver

No waiver by any Party of any breach of this Contract shall be considered a waiver of any subsequent breach of the same or any other provision.

6.3 Governing Law

This Contract shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

6.4 Dispute Resolution

In the event of a dispute arising out of or in connection with this Contract, the Parties shall first seek to resolve the matter amicably through negotiation. If the dispute cannot be resolved by negotiation within [number] days, the Parties agree to submit the dispute to mediation. Should mediation fail, the dispute will be resolved through binding arbitration in accordance with the rules of [Arbitration Association].

6.5 Entire Agreement

This Contract, including all appendices and attachments, constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the Parties.

6.6 Notices

All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be deemed delivered when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; or upon receipt, if sent by certified or registered mail, return receipt requested.

6.7 Severability

If any provision of this Contract is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

6.8 Assignment

Neither Party may assign this Contract or any rights or obligations hereunder without the prior written consent of the other Party, except to a successor in interest upon a merger, reorganization, or sale of all or substantially all of the Party’s assets or business.

IN WITNESS WHEREOF, the Parties have executed this Contract as of the Effective Date.

For [Your Company's Name]:

(Printed Name)
(Title)
(Date)

For [Marketing Company's Name]:

(Printed Name)
(Title)
(Date)

Appendix A: Payment Terms [Detailed description of payment amounts, methods, and schedules.]