Marketing agency contract terms every practice should check

Term, renewal and cancellation

• Initial term. Look for: the start date, the length and whether setup work locks you in. Why it matters: a long first term is the most common way practices get stuck with a poor fit. Illustrative wording: "This Agreement runs month to month from the Effective Date."
• Automatic renewal. Look for: renewal periods and how far in advance you must object. Why it matters: a 60- or 90-day notice window is easy to miss. Illustrative wording: "Renewal requires written confirmation from Client."
• Termination for convenience. Look for: the right to end the contract without cause. Why it matters: "for cause only" means proving a breach to leave. Illustrative wording: "Either party may terminate on 30 days' written notice."
• Early-termination fees. Look for: fees equal to the rest of the term. Why it matters: they turn a one-year contract into a one-year bill. Illustrative wording: "Client owes fees for services performed through the termination date only."

Ownership: domain, website, content, ad and analytics accounts

• Domain. Look for: who is the registrant and whose registrar account holds it. Why it matters: ICANN treats the registrant as solely responsible for the registration (opens in a new tab) and expects it to keep the registrar account current, so the practice should be the registrant, in its own account.
• Website, content and images. Look for: "work product", "license" and "ownership" clauses. Why it matters: some agencies keep the design or code and license it only while you pay. Illustrative wording: "Client owns all content, images and site files created for Client. Agency grants Client a perpetual license to any pre-existing components used."
• Google Business Profile. Look for: who holds the owner role. Why it matters: Google says managers can't add or remove users or remove the profile (opens in a new tab); only owners can. The practice should be primary owner, the agency a manager.
• Ad and analytics accounts. Look for: whose name and payment method the Google Ads and Meta business accounts use. Why it matters: Google Ads admin access (opens in a new tab) controls who else gets in, and Google Analytics Administrators (opens in a new tab) add and remove users. On Meta, keep the ad account in your business portfolio and give the agency partner access (opens in a new tab). Illustrative wording: "All advertising and analytics accounts are opened in Client's name; Client retains administrative access at all times."

Fees, ad spend and markups

• Fee basis. Look for: flat fee, percent of ad spend or hybrid, and the scope it buys. Why it matters: a percentage fee grows with your budget even if the work doesn't. Our guide to agency pricing models compares them.
• Ad spend billing. Look for: whether Google and Meta charge your card, or the agency invoices you. Why it matters: pass-through billing is where undisclosed markups hide. Illustrative wording: "Media is billed by the platform directly to Client. Agency charges no markup on media."
• Price changes. Look for: the agency's right to raise fees mid-term. Why it matters: a low first-year price can jump on renewal. Illustrative wording: "Fee changes require 60 days' written notice and Client's agreement."

Performance promises and reporting

• Promises. Look for: promised rankings, traffic or patient numbers. Why it matters: no one controls Google's results or what AI assistants recommend; promises like these tend to be sales language with no remedy attached. Replace them with commitments to work: tasks, timelines and response times.
• Reporting and access. Look for: report cadence, metrics and live account access. Why it matters: monthly PDFs without account access hide what changed. Illustrative wording: "Agency provides a monthly report of calls, forms and booking clicks by source, and keeps a dated log of account changes available to Client."

HIPAA: the BAA and patient data handling

• A separate BAA. Look for: a business associate agreement signed alongside, not buried inside, the services contract. Why it matters: an agency that creates, receives, maintains or transmits protected health information for you is a business associate (opens in a new tab). The required contract terms (opens in a new tab) include permitted uses, safeguards, reporting improper uses and breaches, the same terms for subcontractors, and returning or destroying the information at termination. Check yours against what a BAA must include, or start from our sample BAA template.
• Subcontractors. Look for: whether the agency uses freelancers or offshore teams. Why it matters: anyone who handles patient information on its behalf must accept the same restrictions.

Exit: data, logins and website handover

• Handover deadline. Look for: a date by which logins, files and exports are delivered. Why it matters: without one, handover waits on the agency's goodwill. Illustrative wording: "Within 10 business days of termination, Agency transfers all credentials, site files and data exports to Client."
• Patient data at exit. Look for: return or destruction of protected health information, with written confirmation. Why it matters: copies left in an old agency's inbox or CRM remain your risk.
• Hosting and redirects. Look for: whether the agency keeps the site online during the move. Why it matters: a site that disappears mid-transfer loses calls and search rankings.

Clauses to strike or rewrite

• Auto-renewal with a long notice window.
• Agency ownership of the domain, site design or ad accounts.
• Early-termination fees equal to the remaining term.
• The agency's right to use your practice's results, reviews or patient stories in its own marketing. Marketing use of patient information generally needs the patient's written authorization (opens in a new tab).
• Exclusivity that blocks you from hiring anyone else for any marketing.
• Liability caps that exclude data breaches the agency causes.

For contrast, how Medfy is set up: billed monthly, cancel anytime; the domain always stays the practice's; ad spend is paid directly to Google and Meta. See our month-to-month pricing. Weighing an agency against other models? Compare agency vs in-house, and run our free marketing audit before you negotiate scope.

This is general information, not legal advice. Confirm how it applies to your practice with a qualified advisor.

Frequently asked questions

How long should a marketing agency contract be?

Shorter than most agencies propose. A practice is safest with month-to-month terms or a short initial term, followed by renewal only with written notice. If an agency needs a longer commitment to cover setup work, ask it to price the setup as a separate one-time fee instead. Either way, add a termination-for-convenience clause with a notice period you can live with.

Who owns my website if my agency built it?

Whoever the contract says. Without a clear clause, the agency may keep the design, code or hosting account and license them to you only while you're a client. Ask for written terms that the practice owns its content, images and domain, and receives the site files and admin logins on exit, with any reused agency components licensed to you permanently.

Can I cancel a marketing agency contract early?

Only as the contract allows. Look for termination for convenience, the notice period and any early-termination fee. Some agreements make you pay the rest of the term, which can be costly. Before signing, ask for termination with written notice and a capped fee. If you're already locked in, have your attorney review the exit terms before you give notice.

Do I need a BAA with my marketing agency?

You need one if the agency will create, receive, maintain or transmit protected health information for your practice, for example by hosting your forms, managing your patient CRM or storing call recordings. The BAA is a separate document from the services contract and must cover safeguards, breach reporting, subcontractors and returning or destroying patient data when the relationship ends.