Fractional CMO Contract: What to Expect Before You Sign

Bringing in a fractional CMO is a strategic move. But before you hand over leadership—or a retainer—you need to know what you’re agreeing to.
A solid contract protects both you and your CMO. It sets expectations, defines outcomes, and builds trust.
Here’s what you need to know before you sign.
What’s Typically Included in a Fractional CMO Contract?
Every contract should clearly outline:
- Scope of work
- Compensation and payment terms
- Communication expectations
- Duration and renewal terms
- Confidentiality and IP clauses
This isn’t a favor or a handshake deal. It’s a partnership.
Scope of Work: Be Specific
Vague contracts create messy relationships. A clear scope means everyone knows what’s included—and what’s not.
Look for:
- Strategy development
- Team management or collaboration
- Reporting cadence
- Deliverables like plans, audits, or reviews
If it’s not in writing, don’t assume it’s included.
Time Commitment: Set the Boundaries
Most fractional CMOs aren’t working full-time. Contracts should outline the expected hours or engagement level—weekly calls, Slack access, or onsite days.
Define:
- Response times
- Meeting frequency
- Availability windows
Clarity here prevents burnout and resentment.
Compensation and Payment Terms
Expect a monthly retainer. Some CMOs also include performance bonuses or milestone payments.
Standard structure includes:
- Flat monthly fee
- Invoice and payment due dates
- Late fees or termination conditions
Avoid hourly unless the scope is tightly defined.
Red Flags to Watch For
- No mention of metrics or performance expectations
- Loose or vague deliverables
- No cancellation policy or out clause
- Overly complicated legal jargon
You want a partner, not a mystery. If the contract doesn’t build clarity, ask for revisions.
Protecting Your IP and Confidentiality
The contract should include language around ownership of materials created, access to proprietary data, and NDA clauses.
Make sure your business assets are protected—even after the contract ends.
Final Step: Ask Questions Before You Sign
Good CMOs want you to understand the contract. They’ll walk you through it. If they rush you or resist edits, that’s a sign.
Ask:
- What’s not included?
- What happens if the relationship isn’t a fit?
- How do we define success?
Final Word: Contracts Create Confidence
A strong fractional CMO contract doesn’t just protect your business—it sets the tone for the relationship.
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