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Tivity Health is seeking a Senior Counsel - Marketing & Commercial Contracts to join its legal department, reporting directly to our Chief Legal Officer. This position will serve as a key legal advisor responsible for reviewing marketing collateral to ensure compliance with federal advertising laws and intellectual property requirements, as well as drafting, reviewing, and negotiating a broad portfolio of commercial technology and vendor agreements. The ideal candidate will bring a strong foundation in advertising law compliance and commercial contracting, with particular depth in technology transactions.

Key Responsibilities

Marketing and Advertising Compliance

This role will serve as the primary legal reviewer for sales, marketing and go-to-market collateral across the organization, ensuring compliance with FTC Truth in Advertising laws, including the FTC Act's prohibition on unfair or deceptive acts or practices, the FTC's Endorsement Guides, and related federal and state advertising regulations. The Senior Counsel will advise marketing and go-to-market teams on substantiation requirements for product and service claims, review promotional materials for potential intellectual property issues including trademark clearance, copyright compliance, and proper use of third-party intellectual property, and provide practical, business-oriented guidance that enables the marketing team to operate efficiently while managing legal risk. The Senior Counsel will also monitor developments in advertising law and regulatory enforcement trends and advise internal stakeholders on emerging compliance risks.

Commercial and Technology Contracts

The Senior Counsel will draft, review, and negotiate a wide range of IT and vendor contracts, with a particular emphasis on SaaS agreements and software licensing agreements. This includes managing the full contract lifecycle for technology procurement agreements, from initial drafting through execution, and advising business stakeholders on key contractual provisions such as service level agreements, data security and privacy obligations, intellectual property ownership and licensing terms, limitation of liability and indemnification provisions, and termination and transition rights. The Senior Counsel will also review and negotiate general vendor and services agreements, statements of work, and master services agreements, and will work to develop and maintain standard contract templates and playbooks to promote consistency and efficiency across the contracting function.

Cross-Functional Collaboration

The Senior Counsel will work closely with cross-functional teams including marketing, information technology, procurement, and compliance to provide timely and practical legal advice. This role will also collaborate with other members of the legal department to ensure alignment on legal positions and risk tolerance across the organization.

Business Enablement

The Senior Counsel will serve as a strategic business partner to leaders across the enterprise, helping identify and advance practical paths to profitable, scalable growth. In this role, the Senior Counsel will provide commercially minded legal guidance that supports strong business outcomes while maintaining appropriate safeguards and compliance considerations. This position requires a strategic, solutions-oriented approach to navigating complex issues with agility, enabling the business to move forward efficiently, responsibly, and in alignment with the company's risk tolerance and long-term objectives.

• Must hold a Juris Doctor (J.D.) degree from an accredited law school and be an active member in good standing of at least one state bar.
• Five to seven years of legal experience, with substantive experience in advertising law compliance and commercial contract drafting and negotiation.
• Demonstrated experience reviewing marketing materials for compliance with FTC regulations and intellectual property laws is required.
• Hands-on experience drafting, reviewing, and negotiating SaaS agreements and software licensing agreements, along with a strong working knowledge of intellectual property principles as they relate to marketing and technology transactions.
• Excellent written and verbal communication skills, strong organizational abilities, and the capacity to manage multiple projects simultaneously in a fast-paced environment are essential.

Preferred Qualifications

• Prior in-house legal experience, particularly in the healthcare, wellness, or technology sectors, is preferred.
• Familiarity with data privacy laws and regulations applicable to healthcare related technology contracts, such as HIPAA and state consumer privacy laws and relevant data protection frameworks, is also desirable.
• Experience developing and implementing contract management processes, templates, and playbooks is valued.

The salary range for this opportunity is $125,000 to $175,000. Compensation depends on several factors: qualifications, skills, competencies, and experience.

Tivity Health offers a robust benefits package, which includes a competitive salary, company bonus potential, medical, dental, vision, 401k with match, generous paid time off, free gym membership to over 13,000 fitness locations in the US, and other great benefits.

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About Tivity Health Inc. Tivity Health, Inc. is a leading provider of healthy life-changing solutions, including SilverSneakers, ForeverFit, and WholeHealth Living. We help adults improve their health and support them on life's journey by providing access to in-person and virtual physical activity, social and mental enrichment programs, as well as a full suite of physical medicine and integrative health services. Our suite of services support health plans, employers, health systems and providers nationwide as they seek to reduce costs and improve health outcomes. Learn more at TivityHealth. 

Tivity Health is an equal employment opportunity employer and is committed to a proactive program of diversity development. Tivity Health will continue to recruit, hire, train, and promote into all job levels without regard to race, religion, gender, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income, or veteran status.