Check these 9 clauses in out of home advertising commercial contracts

What to take away

• Decide who carries the consent risk before you agree a rate: a site without advertisement consent in England is a planning enforcement matter first and a commercial dispute second.
• Fix the copy approval clock, the measurement method and the data duties in writing, because these are the clauses that generate most post-campaign arguments.
• Treat this as a general checklist, not legal advice. Individual cases need a qualified adviser.

1. Identify the contracting parties and the site

Name the site owner, the media owner and any sub-contractor. A contract that says "the site" without a postcode or a structure reference is hard to enforce.

Check whether the party signing controls the structure, or merely sells space on it. Those are different risks.

This checklist suits agreements for fixed posters, six-sheets and digital screens in England. A national package may place some sites under the law of another UK nation.

2. Confirm the advertisement consent position

In England, outdoor advertising consent is governed by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007. Scotland, Wales and Northern Ireland operate under separate regimes.

Ask which class the display relies on, and who applies if consent lapses. Our out of home advertising UK regulations in England walkthrough explains how the classes differ in practice.

3. Allocate planning risk explicitly

State what happens if a local planning authority takes enforcement action. Options include rate abatement, relocation to a comparable site, or termination.

Silence on this point usually means the advertiser keeps paying for a dark site. If a site loses consent mid-term, the advertiser should not absorb the whole loss by default.

4. Set the copy approval and compliance process

Agree deadlines for artwork delivery, approval and any replacement. Confirm who checks the creative against the advertising codes.

The rules protecting children and vulnerable groups in advertising apply to out of home formats as much as to broadcast, so approval cannot sit with the sales team alone.

5. Define the measurement method

Say whether the campaign is measured by site traffic counts, audience estimates or a named industry currency. Name the method and the reporting date.

Audience estimates and traffic counts are not interchangeable, so the schedule should state which one the rate was built on. If the deal involves digital screens and audience measurement, the ICO guidance on online tracking is relevant to how data is collected and used.

6. Agree data protection duties for digital formats

Digital out of home can process personal data through cameras, sensors or mobile identifiers. The contract should say who is controller, who is processor, and what happens to derived data at the end of the term.

Retention periods and deletion duties belong in the same clause.

7. Put the money terms in a table

Set out rent, production, installation, illumination and any uplift in one schedule. A table beats a paragraph when a dispute arises.

For example, a team paying £400 a month for a roadside panel should see whether that figure includes power and maintenance.

8. Cover termination, force majeure and make-good

Define what counts as a failure to display. Specify the notice period and whether unused value is refunded or carried forward.

Include a make-good mechanism for screens that go dark during a booked period. Carry-forward credits usually cost the seller less than refunds, which is worth knowing at the negotiating table.

9. Check assignment, renewal and exit

Say whether the contract can be assigned, how renewal is triggered, and what the advertiser must remove at the end of the term.

A short renewal window that passes silently is one of the most common commercial complaints. Our out of home advertising UK rules and compliance guide sets this alongside the wider regulatory picture.

How to review a contract in sequence

1. Confirm the parties, the site and the term.
2. Check the consent class and who holds it.
3. Allocate planning and enforcement risk.
4. Agree copy approval deadlines and code compliance.
5. Name the measurement method and reporting date.
6. Set data protection roles for digital formats.
7. Tabulate all charges.
8. Define termination, make-good and notice.
9. Review assignment, renewal and exit.

Common questions

Does a commercial contract override planning rules?

No. A private agreement cannot create advertisement consent, and enforcement action can still follow.

Who is liable if a display breaches the advertising codes?

Responsibility is usually shared between advertiser and media owner. The contract should say who clears copy and who responds to a complaint.

How long should a review take?

For a standard six-sheet or digital panel, allow a week for legal and planning checks. Complex or illuminated sites take longer.

Is this checklist legal advice?

No. It is general guidance for England. Individual cases need a qualified adviser.