This is an agreement between a Facebook or other social media user and a person or
company that professionally manages online social media accounts. This agreement
provides that the manager will manage the client’s online social media accounts, subject
to the client’s reasonable approval. The agreement also contains detailed
representations and warranties, indemnification and limitation of liability. This
agreement can easily be modified by the user to include other social media networks,
such as Twitter or Instagram. This agreement should be used by small businesses or
other entities that provide online persona management services to their consumers.
FACEBOOK ACCOUNT AND ONLINE PERSONA MANAGEMENT
AGREEMENT
THIS FACEBOOK ACCOUNT AND ONLINE PERSONA MANAGEMENT AGREEMENT
(the “Agreement”) is made as of ___________ [Instruction: Insert Date], by and between
___________ [Instruction: Insert Name of Client], ___________ [Instruction: Insert
Address] (“Client”), and ___________ [Instruction: Insert Name of Manager], ___________
[Instruction: Insert Address] (“Manager”).
WHEREAS, Client is a user that interacts with the website www.facebook.com (“Facebook”)
and further to Facebook’s Statement of Rights and Responsibilities, as amended, Client is the
rightful owner of Facebook profile located ___________ [Instruction: Insert Web Address]
and the content contained therein (the “Facebook Account”);
WHEREAS, Manager is in the business of managing and representing the Facebook accounts
and the online persona of select users; and
WHEREAS, Client desires to engage Manager to manage and represent Client’s Facebook
Account, online persona and other online social media (collectively, “Online Media”), and,
subject to the terms and conditions hereof, Manager desires to accept said engagement.
NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set
forth, the Company and Shareholder agree as follows:
1. Term. The term (“Term”) of this Agreement shall be for a period of ___________ (___)
[Instruction: Duration] months, commencing upon the execution hereof (the “Initial Term”).
Following the expiration of the Initial Term, the Term of this Agreement shall automatically be
extended for successive ___________ (___) [Instruction: Duration] month periods, unless
terminated by either party upon thirty (30) days written notice, with or without cause.
2. Services. Client hereby engages Manager to be the manager and representative of Client’s
Online Media, throughout the world. Manger shall use Manager’s best efforts to promote Client
via Online Media, all subject to Client’s approval, such approval not to be unreasonably
withheld. Manager's services hereunder are not exclusive to Client and Manager shall be
permitted to perform the same or similar services for other users during the Term. Manager shall
also be permitted to devote such time and efforts to other business activities as Manager may
deem necessary or desirable in Manager's sole discretion.
3. Compensation. As consideration for Manager’s services, Client shall pay Manager a monthly
fee of ___________ Dollars ($____) [Instruction: Amount] (the “Fee”). Client shall pay
Manager the Fee no later than the fifth day of each month.
4. Representations, Warranties, Indemnity, Limitation of Liability.
A. Client represents and warrants to Manager that:
i. Client is the rightful owner of the Facebook Account and all other Online Media
accounts provided to Manager;
ii. Any information provided by Client to Manager is true and correct in every respect
and does not contain anything that is defamatory of any person or entity, does not contain
anything that is indecent or obscene, or constitute a statement that is misleading or deceptive or
likely to mislead;
iii. All material provided by Client does not infringe any copyright, trademark or other
intellectual or commercial property rights of any person;
B. Manager represents and warrants to Client that:
i. Manager is under no contractual or other restrictions or obligations which are
inconsistent with the execution of this Agreement, or which will interfere with the Manager’s
performance of Manager’s services hereunder.
ii. Manager’s services shall be performed in a competent fashion in accordance with
applicable standards of the profession. Manager shall conduct Manager’s services with the
highest amount of professionalism and integrity.
iii. Manager will not post any material or information on any Online Media that contains
anything that is defamatory of any person or entity, indecent or obscene, or constitute a statement
that is misleading or deceptive or likely to mislead, or infringes any copyright, trademark or
other intellectual or commercial property rights of any person.
C. Client hereby indemnifies and holds harmless Manager from any damages, claims,
liabilities, and costs (including reasonable attorney’s fees), or losses of any kind or nature
whatsoever which may in any way arise from any breach or alleged breach by Client of this
Agreement, including the representations and warranties set forth herein.
D. Manager hereby indemnifies and holds harmless Client from any damages, claims,
liabilities, and costs (including reasonable attorney’s fees), or losses of any kind or nature
whatsoever which may in any way arise from Manager’s services hereunder, or any breach or
alleged breach by Manager of this Agreement, including the representations and warranties set
forth herein.
E. Notwithstanding the foregoing representations, warranties and indemnity, Manager
expressly disclaims any and all liability for the posting of any material and/or information on any
Online Media, provided that such material and/or information was provided to Manager by
Client or previously approved by Client in writing. Further, in no event shall Manager’s liability
hereun