Hiring an Agency

Marketing Retainer: How It Works and What the Agreement Should Say

A marketing retainer is a monthly agreement in which a business pays an agency a set fee for an ongoing scope of work: content produced, ads managed, a report delivered, month after month. It fits work that repeats, such as social media and ad management. One-off jobs like a logo fit a project fee better.

The time to understand a retainer is before you sign it, because a few lines of the agreement decide most of what it is worth: what each month includes, how the ad budget is billed, who owns the photos and videos, and how either side ends it.

This guide compares the retainer with the other ways agencies charge, then goes through those lines, with a checklist to take to the meeting.

Retainer, project, hours or pay per lead: which fits what

Agencies charge in a handful of ways, and many combine two. Our overview of what a marketing agency does and how it charges lists them; the table compares them from the side of the business paying.

Model What you pay for Fits best Watch for
Monthly retainer A defined scope, every month Work that never really ends: posting, ad management, monthly reporting A scope described in words like “support” instead of numbers; a long minimum term with no exit
Project fee One deliverable with an end A logo, a website, a single video shoot Changes outside the brief billed as extras
Hourly Time spent Advice, a one-time review of your accounts, short consulting No cap on hours, and bills that are hard to compare
Pay per lead or performance Results, such as leads delivered Businesses that count leads reliably How a “lead” is defined, who owns the ad account and the data, and lead quality
Share of ad spend Management priced from the media budget Large, steady ad budgets A fee that grows with spending even when the work does not

For a local business that wants a steady presence on Instagram and Facebook and ads running in its area, the retainer is usually the natural fit, because the work starts again every month. The rest of this page is about making that fit hold up on paper.

What a month of work looks like on paper

A good retainer describes the month in units someone can count:

  • posts and reels per month, and on which platforms;
  • days or hours of filming and photography on location;
  • how many ad campaigns run at the same time, and who writes and designs them;
  • the report: what it shows and on which day it arrives;
  • meetings: how often, and who attends;
  • how fast each side approves and replies.

Our own plans are monthly retainers built on that idea. Start covers social media management, video and photo production, performance marketing campaigns, branding and logo design, and a monthly performance report with reach, engagement and conversion data. Premium adds paid traffic management, sales support and training, expert consulting with monthly alignment meetings, and full social media.

The quantities inside a plan belong in the written proposal for each business. Ask any agency, us included, to put them in numbers.

The fee and the ad spend are two different bills

When a retainer includes ad management, there are two amounts: the agency’s fee for the work, and the ad spend that Meta or Google charges to the payment method on the ad account. A proposal should show both separately, and our guide on how to read an agency proposal has the four questions that make the difference visible.

Who owns the photos and videos made each month

Many owners assume that whatever they pay for belongs to them. U.S. copyright law is narrower than that. According to the U.S. Copyright Office’s Circular 30 on works made for hire (revised in August 2024), a work created for you by someone who is not your employee counts as a “work made for hire” only when two conditions are met.

  • The work falls into one of nine categories listed in the Copyright Act. A part of a motion picture or other audiovisual work is one of them, so a video can qualify; a standalone photograph is not on the list.
  • Both parties sign a written agreement that expressly calls it a work made for hire.

When those conditions are not met, the creator owns the copyright, and ownership passes to you only through a transfer in writing signed by the owner, as 17 U.S.C. §204(a) requires. An agency may instead grant you a license, which can be enough if it covers the uses you need, for as long as you need them.

Either way, the retainer should say in writing who owns the final photos and videos, whether you also receive the original files, and whether the agency may show the work in its portfolio. The same rule applies to a logo, as we explain on our logo and brand identity design page.

Accounts follow a similar logic: the ad accounts and pages should be in your business’s name, with the agency added as a user, as our guide to checking who owns the ad accounts shows.

This is general information, not legal advice; a lawyer can review the clause for your case.

Term, notice and the first month

The calendar terms are where retainers most often disappoint, because nobody reads them until something goes wrong.

  • The first month is setup. Access to accounts, a first shoot, the content plan and campaign structure take time, so agree on what the first month delivers and when results will first be reviewed.
  • Minimum term and notice: how long you commit to, and how many days’ notice either side gives to end it.
  • Unused work: whether a post or a shoot day you did not use carries over or expires at the end of the month.
  • Extra requests: how you ask for work outside the scope and how it is quoted before anyone starts.
  • Slow seasons: whether the scope can shrink for a few months; for a business that follows Charleston’s tourist and holiday calendar, that matters.
  • The ending: what happens to scheduled posts and running ads, and what files and access you receive.

The retainer checklist to bring to the meeting

Print this and tick each line as the agency answers it in writing.

The agreement says… Done
Scope in numbers: posts, reels, shoot days, platforms, campaigns ☐
What is not included ☐
Ad spend billed separately, charged by the platform to your payment method ☐
Start date and what the first month delivers ☐
Minimum term and notice period ☐
What happens to unused work and to extra requests ☐
Approval steps and how long each side has to reply ☐
Report contents, delivery date and review meeting ☐
Ad accounts and pages in your business’s name, agency added as a user ☐
Ownership or license of photos and videos in writing, and access to the files ☐
What you receive when the agreement ends ☐
Your contact person at the agency ☐

Is a retainer right for your business?

Three quick tests. Do you need the same kind of work every month, rather than one deliverable? Can someone on your side give access, approve content and answer questions each week? Can you count the leads or sales that come in, so the monthly report means something?

Three yes answers point to a retainer. With two or more no answers, start with a project and revisit later. If the answers are yes and you are around Charleston, compare our Start and Premium plans and ask for the scope in writing.

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