Problem
A contract has conflicting definitions of deliverables across the main agreement and campaign brief
Solution
Root Cause / Diagnostic:
Commercial partnerships frequently suffer from contradictory terms between the master legal services agreement (drafted by lawyers) and the campaign creative brief (drafted by marketing managers). Discrepancies regarding video runtime, revision rounds, whitelisting rights, or posting windows create intense post-production friction. Without a clear contractual order of precedence, disputes arise over unfulfilled obligations.
Actionable Fix:
1. Insert a formal "Order of Precedence" clause in the master agreement stating that in the event of any conflict, the terms of the signed Master Agreement supersede the Campaign Brief.
2. Cross-check all specific deliverables, runtimes, cutdown requirements, and deadlines across both documents before executing the agreement.
3. Consolidate all final approved scope items into a single unified Statement of Work (SOW) attached as an integrated exhibit to the contract.
Pro Tip:
Always insert this sentence in your master agreement: "In the event of any inconsistency between this Agreement and any Exhibit, Statement of Work, or Creative Brief, the terms of this Agreement shall govern."
Commercial partnerships frequently suffer from contradictory terms between the master legal services agreement (drafted by lawyers) and the campaign creative brief (drafted by marketing managers). Discrepancies regarding video runtime, revision rounds, whitelisting rights, or posting windows create intense post-production friction. Without a clear contractual order of precedence, disputes arise over unfulfilled obligations.
Actionable Fix:
1. Insert a formal "Order of Precedence" clause in the master agreement stating that in the event of any conflict, the terms of the signed Master Agreement supersede the Campaign Brief.
2. Cross-check all specific deliverables, runtimes, cutdown requirements, and deadlines across both documents before executing the agreement.
3. Consolidate all final approved scope items into a single unified Statement of Work (SOW) attached as an integrated exhibit to the contract.
Pro Tip:
Always insert this sentence in your master agreement: "In the event of any inconsistency between this Agreement and any Exhibit, Statement of Work, or Creative Brief, the terms of this Agreement shall govern."