Is assignment of the agreement normal in a marketing services agreement?

The assignment clause in a marketing services agreement should be mutual, with a successor carve-out for both sides. A version that lets the client freely assign but forbids the freelancer from doing the same, or from ever subcontracting, is unbalanced.

What’s market-standard

Neither party may assign without the other's consent, except to a successor in a merger or sale of substantially all assets. Some agreements let the freelancer use subcontractors while remaining responsible.

Warning signs

• Client may assign freely to anyone; freelancer may not assign at all
• Client may assign to a competitor or a collections entity
• No successor carve-out for the freelancer's own sale of their business
• Ban on subcontracting with no ability to request approval

Wording you can send

Neither party may assign this Agreement without the other party's prior written consent, except that either party may assign to a successor in connection with a merger, acquisition, or sale of substantially all of its assets on written notice. The Provider may engage subcontractors but remains responsible for their work.

What it means for you

Whether either party can transfer the contract to someone else. A one-sided clause lets the client hand your obligations to a different entity (or a party you would not have agreed to work with) while restricting you from doing the same.

Not legal advice. Gig Clause is software, not a law firm or a professional service, no attorney reviews, drafts, or is otherwise involved in anything it produces. It automatically highlights common contract issues and suggests negotiation language. Using it does not create an attorney-client relationship. For decisions with significant financial or legal consequences, consult a qualified attorney licensed in your jurisdiction. Clause standards vary by industry and location and change over time.