A postcard advertising contract template for shared postcard ad spots: what it should cover, a plain-English sample to adapt, and why a lawyer should review it.
Okay so a business owner just said yes to a spot on your card. Awesome. Now what do you actually send them? Most people send a payment link and a "thanks!" and hope nobody remembers the deal differently three weeks later. That's why I put together this postcard advertising contract template: a plain-English sample advertiser agreement you can copy, adapt, and (this part matters) have a lawyer in your state look over before you use it.
It's not complicated. One page that says what they're buying, when they pay, who approves the ad, and what happens if something goes sideways.
Here's the thing. On one 9x12 card you're collecting money from 16 business owners before anything prints. That's a lot of handshake deals to keep straight.
16
Advertisers on one 9x12 card
$8,000
Collected before print
5,000
Homes mailed
$5,001
Profit after All Inclusive printing
A community card is the same idea, smaller: about 16 spots at $250 and 2,500 homes. Either way, a postcard ad agreement puts your promises on one page so everybody remembers the same deal.
The problems it heads off come up in the community over and over:
The verbal yes that never pays. Inacio had a carpet store say "don't give the spot away, we want it," then never send an ad or a payment. A week later he sold the spot to a flooring competitor who paid on the spot.
The "I thought you were going to fix that" call. Michael's rule: every advertiser confirms in writing that they reviewed and approved their final ad, and understands he's not responsible for their sales results. Nothing prints without the word APPROVED.
The last-minute drop. Michael had an advertiser back out the morning of print. He refunded them right away, then refilled the slot after about an hour of walking into local businesses. Written cancellation rules make that call way less awkward.
Joseph asked the community how to handle the agreement and the payment right after closing his very first sale. Smart. Sort this out before card #1, not after your first headache.
Up front ALWAYS. Never chase money, it won't be there by the time you ask for it.
The agreement doesn't replace that rule. It writes it down. The rest of the selling process is in my guide to selling ad space on postcards.
A shared postcard advertiser agreement doesn't need 12 pages of legalese, just answers to the questions you and your advertisers will actually ask.
The sample below covers:
The deal: the parties, the ad spot (card, spot size, estimated homes, area, estimated mail window), and the price, paid in full before print.
The ad: they supply or approve it, they're responsible for their own claims, and they have the rights to their logos and images.
The what-ifs: cancellation before and after the artwork deadline, no guarantee of results, USPS timing, errors and make-goods, your right to decline an ad, and a simple limit on liability.
The extras: optional category exclusivity, optional renewal, and signatures (e-signatures included).
Notice nothing in there only helps one side. One-sided terms make a local business owner wonder what you're planning. Fair terms are a lot easier to sign.
EDDM Retail pieces are USPS Marketing Mail, and USPS says it does not guarantee delivery of Marketing Mail within a specified time (USPS Domestic Mail Manual 143.2.1). So the agreement gives an estimated window, and advertisers should set offer expiration dates with room to spare. Printing All Inclusive through 9x12 Method Printing? Figure 4 to 6 days of printing plus 2 to 3 days of shipping, and set your artwork deadline backward from that.
Under the federal ESIGN Act, a signature or contract generally can't be denied legal effect just because it's in electronic form (15 U.S.C. § 7001). The law has exceptions (15 U.S.C. § 7003), and state law can add its own rules, so run your signing process by your attorney too.
In practice, use an e-signature tool that saves a signed copy, or send a PDF they sign and email back. Either way, keep the signed agreement, invoice, and approved proof together, in one folder per card or on their CRM record.
Sample for educational purposes only. Not legal advice.
Have a licensed attorney in your state review it before use.
Parties. This Advertiser Agreement (the "Agreement") is between [OPERATOR LEGAL BUSINESS NAME], [ADDRESS] (the "Operator"), and [ADVERTISER LEGAL BUSINESS NAME], [ADDRESS] (the "Advertiser"). It starts on the date the last party signs.
Ad spot. The Operator will include the Advertiser's ad on a shared direct mail postcard (the "Card"):
Spot size: [standard / double], about [WIDTH x HEIGHT] inches
Placement: [front / back / Operator's choice]
Estimated homes: about [5,000 / 2,500], mailed through USPS Every Door Direct Mail
Area: [CITY, ZIP CODES, OR CARRIER ROUTES]
Estimated mail window: [START DATE] to [END DATE] (an estimate, not a guaranteed date; see Section 8)
Artwork Deadline: [DATE]
Price and payment. The price is $[PRICE] [plus any applicable sales tax], paid in full [at signing / by DATE] and before the Card goes to print. The spot is reserved only once payment is received. If payment is not received within [7] days after signing, the Operator may release the spot and this Agreement ends.
Ad content and approval.
The Advertiser will provide its logo, offer, and contact details by the Artwork Deadline. [Ad design is included. / Ad design is $[AMOUNT].]
The ad is final only when the Advertiser approves the Operator's proof in writing. A reply of "APPROVED" by email or text counts.
The Advertiser is responsible for the accuracy of its approved ad, including offers, prices, phone numbers, and any claims about its products or services.
The Advertiser confirms it owns, or has permission to use, the logos, images, and other materials it provides. The Operator confirms the same for anything it adds.
If the Advertiser has not approved a proof by the Artwork Deadline, the Operator may [run the most recent proof / move the ad to the next available Card].
Category exclusivity (optional). The Operator will not sell another spot on this edition of the Card to a business whose main service is [CATEGORY], and will accept a business with closely overlapping services only with the Advertiser's written OK.
Changes and cancellation.
Before the Artwork Deadline, the Advertiser may cancel in writing for a full refund [minus $[AMOUNT] if design work has started].
After the Artwork Deadline, printing and postage are committed, so payment is non-refundable. The Operator may offer a credit toward a future Card but is not required to.
If the Operator cancels the Card, or has not submitted it to USPS within [30] days after the estimated mail window ends, the Advertiser may choose a full refund or a spot on the next Card.
No guarantee of results. The Operator does not promise any number of calls, leads, customers, or sales. The Operator's job is to [design,] print, and submit the Card to USPS for delivery to the Area.
Mail timing. The Card will be mailed as USPS Marketing Mail, and USPS does not guarantee delivery of Marketing Mail within a specific time. All mail and delivery dates in this Agreement are estimates. The Operator is not responsible for delays caused by USPS, weather, printing or shipping, or other events outside its reasonable control, and will notify the Advertiser when the Card is submitted to USPS.
Errors and make-goods. If the Operator makes a significant error in the ad (such as printing something different from the approved proof, or leaving the ad off the Card), the Advertiser may choose a comparable spot on the next available Card at no charge or a refund of [the full price / $[AMOUNT]]. This is the remedy for printing and placement errors. Errors in a proof the Advertiser approved, and normal minor color or trim variation, are not Operator errors.
Right to decline ads. The Operator may decline, or ask for changes to, any ad it reasonably believes is misleading, unlawful, offensive, or in conflict with another advertiser's exclusivity. If the Operator declines an ad after payment and the parties can't agree on changes, the Operator will refund the Advertiser in full.
Limitation of liability. Neither party is liable to the other for lost profits or indirect damages related to this Agreement. Each party's total liability under this Agreement is limited to the price paid for the spot. [This limit does not apply to fraud, intentional misconduct, or claims caused by content a party supplied.]
Renewal (optional). The Operator will offer the Advertiser first chance at the same spot [and category] on the next edition until [DATE]. The Advertiser reserves it by confirming in writing and paying by that edition's payment deadline. Nothing renews automatically.
General terms. This is the entire agreement about this ad spot. Changes must be in writing and agreed to by both parties (email is fine). The laws of the State of [STATE] govern this Agreement. If any part is found invalid, the rest stays in effect.
Signatures. The parties may sign electronically, and a signed copy delivered by email or PDF counts as an original.
Operator: [LEGAL BUSINESS NAME], by [NAME, TITLE]. Signature: [SIGNATURE]. Date: [DATE]
Advertiser: [LEGAL BUSINESS NAME], by [NAME, TITLE]. Signature: [SIGNATURE]. Date: [DATE]
A few rules so this ad space contract template fits your card:
Fill in every bracket. A leftover bracket means you're not done.
Match your real numbers. Usually $500 a spot and about 5,000 homes on a 9x12, or $250 and about 2,500 homes on a community card. My guide to postcard advertising rates covers doubles and pricing.
Delete what you don't offer. No exclusivity? Cut Section 5. No renewal? Cut Section 12. Then renumber and fix the section references.
Give multi-card deals a list. Rachel's roofer prepaid 12 monthly mailings, $3,000 up front. For deals like that, list each edition, price, and mail window, and say what happens if either of you stops. The advertiser renewals playbook covers keeping them.
Match the pitch to the paper. "Guaranteed results" in your email and "no guarantee" in the agreement is an argument waiting to happen.
On the accuracy clause: the FTC says advertising must be truthful and non-deceptive, and advertisers need evidence for their claims before the ad runs (FTC, Advertising FAQ's: A Guide for Small Business). The same guide says the advertising agency may also be held legally responsible for misleading claims. So don't treat the clause as permission to print anything. If an ad says "lowest prices in the state," ask what backs it up or ask them to tone it down, and ask your attorney how any of this applies to you.
Full transparency, I teach the payment, approval, and problem-advertiser side of this inside the 9x12 Method community, where members compare how they handle it. You don't need to join to use this sample. And the community isn't a law firm, so the attorney step stays either way.
I'm not a lawyer, so I can't tell you what your state requires. A simple written agreement does make the deal clear: price, payment, approval, cancellation, and what you are and aren't promising. That beats arguing about a phone call. Ask a licensed attorney in your state what you need.
The parties, the ad spot, price and payment, ad approval, cancellation, no guarantee of results, mail timing, errors, and signatures, plus optional exclusivity and renewal. The sample above covers all of them.
No. It's a sample for educational purposes, not legal advice, and it isn't written for any particular state. Fill it in, cut what you don't offer, and have a licensed attorney in your state review it before you use it with a real advertiser.
Generally, the federal ESIGN Act says a signature or contract can't be denied legal effect just because it's electronic (15 U.S.C. § 7001). There are exceptions, and state law can add its own rules, so confirm your signing process with your attorney.
Set your rules before card #1 and put them in writing. The sample refunds in full before the artwork deadline and not after, since printing and postage are committed by then. You can always be more generous. Michael refunded an advertiser who backed out the morning of print and refilled the slot the same day.
Don't. You control the design, the print, and getting the cards to USPS, not their offer, their phones, or USPS timing. Promise what you control, the same way in your pitch and your agreement. My guide to postcard sales objections has the honest answer to "how many customers will I get?"
Get the paperwork sorted once, and every card after that gets easier. As always, I'm rooting for you.
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Mitchell Tebo
