Billboard Marketing Agreement

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This Billboard Marketing Agreement is for use by a billboard advertiser or a client who wants to place an ad on a billboard. This form is designed for use in all states and is available for immediate download.

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This Billboard Marketing Agreement is for use by a billboard company or a client who desires to advertise on a billboard. This agreement sets out the specific terms of the arrangement between the parties including content and restrictions on content as well as the use of intellectual property. This Billboard Marketing Agreement can be used for one-time or ongoing services. A well-written agreement will prove invaluable in the event of disagreements, misunderstandings or litigation.

Among others, this Billboard Marketing Agreement includes the following provisions:
  • Parties to the Agreement: The names of the parties to the agreement and the date signed;
  • Services: Sets forth the advertising services including location of the billboard, visibility, dimensions, illumination and maintenance;
  • Content: How the billboard content is to be submitted and any restrictions or modifications;
  • Payment: Sets out the fee and manner of payment;
  • Term and Termination: The term of the agreement and rights of termination;
  • Intellectual Property Rights: The rights to display intellectual property including trademarks and trade names.

Protect Yourself and Your Rights by using our professionally prepared up-to-date forms.

This attorney-prepared packet contains:
  1. Instructions and Checklist
  2. General Information
  3. Billboard Marketing Agreement
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Billboard Marketing Agreement

 

 

This Billboard Marketing Agreement (the “Agreement”) is dated as of ________________________, 20____, by and between ________________________________ (Advertiser”) and ____________________________ (“Client”) (collectively the “Parties”).  The Parties agree as follows:
 
 
RECITALS
 
I.   Whereas "Billboard" shall mean advertising space including but not limited to a traditional billboard or electronic sign on or in a building, structure or vehicle, so long as such advertising space is owned or controlled by Advertiser ("Billboard").
 
II.   Whereas Advertiser is in the business of leasing Billboards.
 
III.   Whereas Client wishes to advertise on one or more of Advertiser's Billboards.
 
Now, therefore, in consideration of the faithful performance of the obligations set forth herein, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
 
1.   SERVICES:  Advertiser shall arrange for Billboard advertising on behalf of Client as follows (the "Services"):
 
(a)   LOCATION:  The Billboard shall be located on the ___________side of _________________ and be approximately _______ mile(s) ___________ from __________________.  Such Billboard shall be designated as Billboard #___________.
 
(b)   ORIENTATION:  The Billboard shall be visible while traveling _________ bound, towards _____________.
(c)   DIMENSIONS:  The Billboard dimensions shall be ______ feet tall and __________feet wide.
(d)   ILLUMINATION. The Billboard sign face:
   Shall be illuminated.
   Shall not be illuminated.
 
(e)   MAINTENANCE: Advertiser shall maintain and/or re-face the Billboard, at ________'s (indicate Client or Advertiser) expense.
2.   CONTENT:  Client shall submit all Billboard content (the "Content") to Advertiser in digital format.  Client shall be fully responsible for the submitted Content, and Advertiser shall use only such Content as submitted by the Client.
 
(a)   RESTRICTIONS:  Advertiser agrees to place Client's submitted Content on the Billboard sign face, so long as such Content is lawful.  Advertiser reserves the right to refuse any Content for any reason, and this right of refusal is at Advertiser's sole discretion.  Advertiser shall not be liable for the submitted Content.
 
(b)   MODIFICATIONS:  If Client desires to modify any of the Content, Client shall submit a written request to Advertiser specifying the desired modification(s). Advertiser shall, within _______ days, make such modification(s) to the Content.
 
3.   PAYMENT: 
 
(a)   FEE:  Client shall pay Advertiser for the Services the sum of __________________ Dollars ($__________) per _________ (E.g. day, week, month)
 
(b)   MANNER OF PAYMENT:  The payment(s) shall be paid in the following manner:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________(Here you should describe when and how the payments will be made.  How often will invoices be sent, and when will payment be due?  Will payment be in the form of cash, check, or credit card?)
 
4.   TERM:  This Agreement shall commence on the date written above and shall continue for a period of ______________ (e.g. days, weeks, months) (the "Term"), unless terminated sooner in accordance with the provisions of this Agreement.
 
5.   TERMINATION: (Mark the applicable provision(s))
 
   Both Client and Advertiser reserve the right to terminate this Agreement upon not less than ___________ days' written notice should the other Party fail substantially to perform in accordance with the terms of this Agreement through no fault of the Party initiating the termination.
 
   In the event of termination not the fault of Advertiser, Client shall be liable for any and all balances owed in full, including but not limited to fees for Services rendered.
 
6.   INTELLECTUAL PROPERTY RIGHTS:  For and during the Term of this Agreement, Client grants to Advertiser a nonexclusive license to use and display the Content, as well as all trademarks and service marks included therein, for the purpose of Billboard advertising.
 
7.   CONFIDENTIALITY:  The Parties agree and acknowledge that they may be required to disclose to each other certain confidential information, including but not limited to information concerning the other Party's service, business, customers, suppliers, personnel, sales and marketing plans, and finances, all of which shall be deemed "Confidential Information" for the purposes of this section if, with respect to such information disclosed in tangible form, it is marked "Confidential" or its equivalent, and if disclosed orally or visually, it is identified as confidential at the time of disclosure.  Each Party agrees that he/she/it shall not disclose any Confidential Information of the other Party to any third party, and shall use the Confidential Information of the other Party for no purpose other than as expressly permitted by this Agreement.  Each Party shall maintain the confidentiality and prevent accidental or other loss or disclosure of any Confidential Information of the other Party with at least the same degree of care as he/she/it uses to protect his/her/its own Confidential Information, but in no event with less than reasonable care.  A Party's obligations of confidentiality under this Agreement shall not apply to information:  (i) in the public domain; (ii) known to the Party prior to the time of disclosure; (iii) independently developed by the Party prior to receiving such Confidential Information, without reference to any Confidential Information; (iv) required to be disclosed pursuant to a judicial order, governmental agency or by operation of law, provided that such Party gives the other Party written notice of any such requirement immediately after learning of any such requirement, and provided that such Party takes all reasonable measures to avoid or limit disclosure under such requirement. Upon written request by either Party, the other Party shall promptly return all documents and other tangible materials representing the requesting Party's Confidential Information and all copies thereof. The obligations under this section shall survive termination of the Agreement.
 
8.   NOTICE:  Any notice required to be given to either Party under this Agreement shall be sent via registered U.S. Mail to the appropriate address below:
 
   If to Client:
                                                                                    
If to Advertiser:
                                                                                    
 
9.   GENERAL PROVISIONS:
 
(a)   WARRANTIES:  The Parties represent and warrant that they have the authority to enter into this Agreement, without breach of any obligation to any other third party, and that their performance under this Agreement will not breach any contract, agreement, rule, law or regulation.
 
(b)   LIMITATION OF LIABILITY:  Client shall hold Advertiser harmless for any claim, loss, damage or injury to any person or property arising, either directly or indirectly, from Advertiser's performance.
 
(c)   INDEMNIFICATION:  Client shall defend and indemnify Advertiser and his/her/its officers, directors, sub-licensees, employees, members and agents from and against all losses, costs, damages and expenses, including reasonable legal and accounting fees, arising from any claims, actions, or demands, for infringement of the rights of third parties based upon publication of the Clients Content, including but not limited to claims or lawsuits arising from defamation, copyright or trademark infringement, misappropriation, rights of privacy or publicity or from any and all similar claims.
 
(d)   INDEPENDENT CONTRACTOR:  The Parties acknowledge that in providing the services under this Agreement, Advertiser acts as an independent contractor.  Nothing contained herein will be construed to imply a joint venture, principal or agent relationship, or other joint relationship, and neither Party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other Party. Neither Party shall make any claims, representations or warranties on behalf of the other Party or bind the other Party.
 
(e)   GOVERNING LAW AND JURISDICTION:  All issues relating to this Agreement will be governed by the laws of the State of _______________________.  Any action relating to the Agreement must be brought in the State of __________________, and the Parties hereby consent to the jurisdiction of such State.
 
(f)   ATTORNEYS' FEES AND COSTS:  The prevailing Party in such proceeding shall be entitled to receive its reasonable attorneys fees, expert witness fees, and out-of-pocket costs incurred in connection with such proceedings, in addition to any other relief to which he/she/it may be entitled.
 
(g)   ENTIRE AGREEMENT:  This Agreement constitutes the entire agreement between the Parties, and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the Parties, and there are no warranties, representations or other agreements between the Parties in connection with the subject matter of this Agreement except as specifically set forth herein.
 
(h)   MODIFICATIONS AND WAIVERS:  The Agreement may not be modified except by written instrument signed by both Parties.  No term or provision hereof will be considered waived by either Party, and no breach excused by either Party, unless such waiver or consent is in writing signed on behalf of the Party against whom the waiver is asserted. No consent by either Party to, or waiver of, a breach by either Party, whether express or implied, will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either Party.
 
(i)   ASSIGNMENT:  This Agreement may not be transferred or assigned by either Party, whether voluntarily or by operation of law, without the prior written consent of the other Party, which consent may be withheld in such Partys sole discretion. This Agreement shall inure to the benefit of and be binding upon all permitted successors and assigns.
 
(j)   SEVERABILITY:  If any provision herein is determined by a court of competent jurisdiction to be indefinite, invalid, illegal or otherwise unenforceable, in whole or in part, for any reason, the remainder of this Agreement shall continue in full force and effect and shall be construed as if such indefinite, invalid, illegal or unenforceable provision had not been contained herein.
 
IN WITNESS WHEREOF the Parties have executed this Agreement on the date first written above.
 
CLIENT:                  ADVERTISER:
_______________________________      ______________________________
Signature                  Signature
 
_______________________________      ______________________________
Name (please print)               Name (please print)
 
_______________________________      ______________________________
Title (if applicable)               Title (if applicable)
 
 
Number of Pages9
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#39874
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Billboard Marketing Agreement

 

 

This Billboard Marketing Agreement (the “Agreement”) is dated as of ________________________, 20____, by and between ________________________________ (Advertiser”) and ____________________________ (“Client”) (collectively the “Parties”).  The Parties agree as follows:
 
 
RECITALS
 
I.   Whereas "Billboard" shall mean advertising space including but not limited to a traditional billboard or electronic sign on or in a building, structure or vehicle, so long as such advertising space is owned or controlled by Advertiser ("Billboard").
 
II.   Whereas Advertiser is in the business of leasing Billboards.
 
III.   Whereas Client wishes to advertise on one or more of Advertiser's Billboards.
 
Now, therefore, in consideration of the faithful performance of the obligations set forth herein, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
 
1.   SERVICES:  Advertiser shall arrange for Billboard advertising on behalf of Client as follows (the "Services"):
 
(a)   LOCATION:  The Billboard shall be located on the ___________side of _________________ and be approximately _______ mile(s) ___________ from __________________.  Such Billboard shall be designated as Billboard #___________.
 
(b)   ORIENTATION:  The Billboard shall be visible while traveling _________ bound, towards _____________.
(c)   DIMENSIONS:  The Billboard dimensions shall be ______ feet tall and __________feet wide.
(d)   ILLUMINATION. The Billboard sign face:
   Shall be illuminated.
   Shall not be illuminated.
 
(e)   MAINTENANCE: Advertiser shall maintain and/or re-face the Billboard, at ________'s (indicate Client or Advertiser) expense.
2.   CONTENT:  Client shall submit all Billboard content (the "Content") to Advertiser in digital format.  Client shall be fully responsible for the submitted Content, and Advertiser shall use only such Content as submitted by the Client.
 
(a)   RESTRICTIONS:  Advertiser agrees to place Client's submitted Content on the Billboard sign face, so long as such Content is lawful.  Advertiser reserves the right to refuse any Content for any reason, and this right of refusal is at Advertiser's sole discretion.  Advertiser shall not be liable for the submitted Content.
 
(b)   MODIFICATIONS:  If Client desires to modify any of the Content, Client shall submit a written request to Advertiser specifying the desired modification(s). Advertiser shall, within _______ days, make such modification(s) to the Content.
 
3.   PAYMENT: 
 
(a)   FEE:  Client shall pay Advertiser for the Services the sum of __________________ Dollars ($__________) per _________ (E.g. day, week, month)
 
(b)   MANNER OF PAYMENT:  The payment(s) shall be paid in the following manner:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________(Here you should describe when and how the payments will be made.  How often will invoices be sent, and when will payment be due?  Will payment be in the form of cash, check, or credit card?)
 
4.   TERM:  This Agreement shall commence on the date written above and shall continue for a period of ______________ (e.g. days, weeks, months) (the "Term"), unless terminated sooner in accordance with the provisions of this Agreement.
 
5.   TERMINATION: (Mark the applicable provision(s))
 
   Both Client and Advertiser reserve the right to terminate this Agreement upon not less than ___________ days' written notice should the other Party fail substantially to perform in accordance with the terms of this Agreement through no fault of the Party initiating the termination.
 
   In the event of termination not the fault of Advertiser, Client shall be liable for any and all balances owed in full, including but not limited to fees for Services rendered.
 
6.   INTELLECTUAL PROPERTY RIGHTS:  For and during the Term of this Agreement, Client grants to Advertiser a nonexclusive license to use and display the Content, as well as all trademarks and service marks included therein, for the purpose of Billboard advertising.
 
7.   CONFIDENTIALITY:  The Parties agree and acknowledge that they may be required to disclose to each other certain confidential information, including but not limited to information concerning the other Party's service, business, customers, suppliers, personnel, sales and marketing plans, and finances, all of which shall be deemed "Confidential Information" for the purposes of this section if, with respect to such information disclosed in tangible form, it is marked "Confidential" or its equivalent, and if disclosed orally or visually, it is identified as confidential at the time of disclosure.  Each Party agrees that he/she/it shall not disclose any Confidential Information of the other Party to any third party, and shall use the Confidential Information of the other Party for no purpose other than as expressly permitted by this Agreement.  Each Party shall maintain the confidentiality and prevent accidental or other loss or disclosure of any Confidential Information of the other Party with at least the same degree of care as he/she/it uses to protect his/her/its own Confidential Information, but in no event with less than reasonable care.  A Party's obligations of confidentiality under this Agreement shall not apply to information:  (i) in the public domain; (ii) known to the Party prior to the time of disclosure; (iii) independently developed by the Party prior to receiving such Confidential Information, without reference to any Confidential Information; (iv) required to be disclosed pursuant to a judicial order, governmental agency or by operation of law, provided that such Party gives the other Party written notice of any such requirement immediately after learning of any such requirement, and provided that such Party takes all reasonable measures to avoid or limit disclosure under such requirement. Upon written request by either Party, the other Party shall promptly return all documents and other tangible materials representing the requesting Party's Confidential Information and all copies thereof. The obligations under this section shall survive termination of the Agreement.
 
8.   NOTICE:  Any notice required to be given to either Party under this Agreement shall be sent via registered U.S. Mail to the appropriate address below:
 
   If to Client:
                                                                                    
If to Advertiser:
                                                                                    
 
9.   GENERAL PROVISIONS:
 
(a)   WARRANTIES:  The Parties represent and warrant that they have the authority to enter into this Agreement, without breach of any obligation to any other third party, and that their performance under this Agreement will not breach any contract, agreement, rule, law or regulation.
 
(b)   LIMITATION OF LIABILITY:  Client shall hold Advertiser harmless for any claim, loss, damage or injury to any person or property arising, either directly or indirectly, from Advertiser's performance.
 
(c)   INDEMNIFICATION:  Client shall defend and indemnify Advertiser and his/her/its officers, directors, sub-licensees, employees, members and agents from and against all losses, costs, damages and expenses, including reasonable legal and accounting fees, arising from any claims, actions, or demands, for infringement of the rights of third parties based upon publication of the Clients Content, including but not limited to claims or lawsuits arising from defamation, copyright or trademark infringement, misappropriation, rights of privacy or publicity or from any and all similar claims.
 
(d)   INDEPENDENT CONTRACTOR:  The Parties acknowledge that in providing the services under this Agreement, Advertiser acts as an independent contractor.  Nothing contained herein will be construed to imply a joint venture, principal or agent relationship, or other joint relationship, and neither Party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other Party. Neither Party shall make any claims, representations or warranties on behalf of the other Party or bind the other Party.
 
(e)   GOVERNING LAW AND JURISDICTION:  All issues relating to this Agreement will be governed by the laws of the State of _______________________.  Any action relating to the Agreement must be brought in the State of __________________, and the Parties hereby consent to the jurisdiction of such State.
 
(f)   ATTORNEYS' FEES AND COSTS:  The prevailing Party in such proceeding shall be entitled to receive its reasonable attorneys fees, expert witness fees, and out-of-pocket costs incurred in connection with such proceedings, in addition to any other relief to which he/she/it may be entitled.
 
(g)   ENTIRE AGREEMENT:  This Agreement constitutes the entire agreement between the Parties, and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the Parties, and there are no warranties, representations or other agreements between the Parties in connection with the subject matter of this Agreement except as specifically set forth herein.
 
(h)   MODIFICATIONS AND WAIVERS:  The Agreement may not be modified except by written instrument signed by both Parties.  No term or provision hereof will be considered waived by either Party, and no breach excused by either Party, unless such waiver or consent is in writing signed on behalf of the Party against whom the waiver is asserted. No consent by either Party to, or waiver of, a breach by either Party, whether express or implied, will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either Party.
 
(i)   ASSIGNMENT:  This Agreement may not be transferred or assigned by either Party, whether voluntarily or by operation of law, without the prior written consent of the other Party, which consent may be withheld in such Partys sole discretion. This Agreement shall inure to the benefit of and be binding upon all permitted successors and assigns.
 
(j)   SEVERABILITY:  If any provision herein is determined by a court of competent jurisdiction to be indefinite, invalid, illegal or otherwise unenforceable, in whole or in part, for any reason, the remainder of this Agreement shall continue in full force and effect and shall be construed as if such indefinite, invalid, illegal or unenforceable provision had not been contained herein.
 
IN WITNESS WHEREOF the Parties have executed this Agreement on the date first written above.
 
CLIENT:                  ADVERTISER:
_______________________________      ______________________________
Signature                  Signature
 
_______________________________      ______________________________
Name (please print)               Name (please print)
 
_______________________________      ______________________________
Title (if applicable)               Title (if applicable)
 
 

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