DO YOU NEED AN INFLUENCER CONTRACT?

YES! Whether you are a Nano-Influencer, Micro-Influencer, or Macro-Influencer, you need an Influencer Contract Template. At every level, you need an influencer contract to protect yourself, your assets, and your business. An influencer contract, also known as a social media influencer agreement, is a legally binding document that outlines the expectations and obligations of both the influencer and the brand. We are going to take a deep dive and discuss why you need a good influencer contract template and what should be included in it.

PART 1- IMPORTANCE OF INFLUENCER CONTRACTS

What is an Influencer Contract or Social Media Influencer Agreement?

A social media influencer agreement, more commonly known as an influencer contract, is a legally binding document that establishes the terms and expectations of both the brand and the influencer. This contract should outline how much the influencer is being paid, any services they are expected to provide, any deliverables they must produce, and standard legal terms that are necessary to protect you.

Why do you need an Influencer Contract? Do influencers need contracts?

Yes, influencers need contracts. Whether you are an up-and-coming nano-, micro-, or macro-influencer, you must have a good contract to protect yourself. Having a contract means having peace of mind that the brand is legally obligated to pay you and provide the agreed-upon deliverables in exchange for any services rendered.

Avoid Miscommunications:

The Social Media Influencer Contract should also provide a clear outline of the scope of the agreement and any timeline expectations that need to follow, and the payment terms. When you have a clear influencer contract, you are likely to avoid any miscommunication and misunderstandings since the terms are laid out in the influencer agreement.

Having an influencer contract template is also beneficial because it keeps the relationship between you and the brand professional and organized. This document should specify exactly what services or content are expected, when they are due, how much you will be paid, and any other pertinent information. It should include necessary legal language to ensure both parties are held accountable and understand their responsibilities.

Essential To Protecting Yourself:

The contract needs to state the rights of both parties and outline exactly what is expected. It should also include any penalties or remedies that may be necessary in case one party fails to uphold their end of the agreement. A good Influencer Contract Template includes confidentiality clauses, copyright ownership, usage rights, and other legal requirements. Having a well-drafted Influencer Contract Template can help you avoid potential issues down the line. Overall, an influencer contract template is essential for any influencer in order to protect yourself and ensure that you are compensated for your hard work.

What happens if you don't have an Influencer Contract

If influencers do not have an influencer contract, they are risking serious legal repercussions. Without a contract outlining the terms of the partnership, there is no proof that an agreement has been made. This could mean you get shortchanged or don’t get paid at all. Additionally, without proper legal protection, both parties are vulnerable to lawsuits or any issues that may arise, leading to future disputes. For example, if a brand uses your content for longer than you agreed upon in your initial email exchange but did not include it in the final influencer agreement, they are free to do so. Without a contract in place, influencers can't take legal action if something goes wrong and may end up losing out on compensation or dealing with additional issues that could have been avoided with a well-written Influencer Contract Template from an experienced Entertainment Attorney.

These are just some of the reasons why having an Influencer Contract is so important. By creating a document that outlines the expectations and obligations of both parties, you can protect yourself and ensure that everyone involved in the partnership understands their roles and responsibilities. It’s essential to have a detailed influencer contract so that you can protect yourself and your business.

Why You Need an Influencer Contract Template from an Experienced Entertainment Attorney

If you want to be successful as an influencer, it's essential to have professionally drafted Influencer Contract Templates. Not only does this ensure that you get paid, but it also protects both you and the Brand from any legal issues that may arise throughout the collaboration. It's worth investing in quality contract templates so that you can trust in its accuracy and know that it will provide you with the protection you need.

You're going to want an Entertainment Attorney with real Influencer experience drafting and discussing contracts and legal concepts specific to Influencers as opposed to a general business attorney who isn't specialized in this field.

I've represented influencers that have expanded their influence to other mediums in the entertainment industry with a tv show, books, and fashion line (just to name a few!).

Influencers are the future of the entertainment business and I want you to be prepared and thrive in this vast industry!

I've worked with teams of attorneys on both sides of complex, high-profile influencer deals (costing upwards of 6 figures for one social media post!). I've represented both growing influencers and ones with millions of followers. I know what goes into a well-written contract and how to protect you.

This is why I created the Influencer Contract Bundle™. An easy-to-follow legal bundle that is specifically designed for influencers that are ready to grow and protect their business. It includes Entertainment lawyer-written DYI Influencer Contract Templates, these are real fill-in-the-blank legal templates (contracts, website policies, legal letter etc...) that you can use in your influencer business as it grows.

It also includes workbooks and guides will help walk you through choosing your business structure, preparing your trademark application, and protecting your content. A Private Member Online Community Support, this is a motivating space specifically made for students to interact with each other and with me. Legal videos classes that go hand-in-hand with the legal contract templates, workbooks, and guides. I’ll be speaking to you directly and making sure you have the guidance and explanation you need to get through the bundle. I also include free Lifetime-of-The-Program updates on bundle content! You can sign up for the Influencer Contract Bundle™.

PART 2- TYPES OF INFLUENCER CONTRACTS

Types of Influencer Contract Templates You Need to Know About

Sponsorship Agreement Template
Brand Ambassador Contract
Influencer Collaboration Agreement Template
Content License Agreement
Influencer Management Contract
Social Media Independent Contractor Agreement
Influencer Photography Contract Template

1. Sponsorship Agreement Template

What is a Sponsorship Agreement?

A Sponsorship Agreement is more of a short-term relationship with a Brand where you agree to provide social media posts on either your social media or the Brand's social media accounts.

The sponsored content can be a one-off campaign, or the content creation needs to be delivered during a limited time frame. You have more of a short-term working relationship with the Brand, which also means you are less invested in time and money and allows you to split your time with competing brands.

Why Every Influencer Needs a Sponsorship Agreement Template

The Brand may hand you a Sponsorship Agreement, or they may not. If they don't, you should be ready with a Sponsorship Agreement Template that favors Influencers and includes all the necessary deal points for a short-term relationship with a Brand. Even if they hand you a Sponsorship Agreement, it's always a good idea to compare it with your own influencer contract that is favorable to you.

You want to make sure your Sponsorship Agreement Template outlines the terms and conditions between you and the Brand, including important details such as duration of service, ownership rights, use rights, post-scheduling, and more. A good Sponsorship Agreement Template will also include compensation terms, specific obligations, and intellectual property language. And alternative dispute resolution clauses should be included in case anything goes astray down the line.

Even if the agreement between you and the Brand is more of a one-time deal, it benefits you both to have all the proper terms and conditions in a legally enforceable agreement as opposed to an email or social dm message. And the right industry-standard contract template written by an experienced Entertainment Attorney, as opposed to a free template found online, is crucial before you start to establish, grow and expand your Influencer Business.

What An Influencer Sponsorship Agreement Template Should Include

An Influencer Sponsorship Agreement should include details of the scope of the work and any payment or incentives for participating in the one-time deal with the Brand, such as discounts or free products. It should also outline what constitutes a breach of contract, how to terminate the agreement in case of dissatisfaction or conflict, and any confidentiality clauses that must be adhered to. Additionally, it should specify who maintains ownership rights over content produced during collaborations and which trademarks are allowed to be used in promotions. Additionally, it should also include guidelines for promoting sponsored content, expectations regarding disclosure of sponsorships, and deadlines for completion of sponsorship duties. And both parties should sign in order to ensure that everyone has agreed to its terms.

2. Brand Ambassador Contract

What is a Brand Ambassador Contract?

A Brand Ambassador Contract is more of a long-term relationship with the Brand where you agree to regularly produce content for the Brand and promote it to your audience.

You are, in a way, a Brand representative. This is a great way to build loyalty and trust with the Brand and increase sales for their products. It also means you are more invested in time, energy, and money because you are dedicating yourself to that one brand’s product a good amount of the time. They may not allow you to work with other competing brands, but you should get paid more, and it should give you more security. A lot of the time, you can grow with the Brand and promote their products beyond social media with in-person engagements, events, travel opportunities, and more advantages.

Why Every Influencer Needs a Brand Ambassador Contract

You need a well-written Brand Ambassador Contract that reflects the involved commitment you have to the Brand. A simple influencer agreement template won't legally protect the invested involvement you have with the Brand.

Since a Brand Ambassador Contract is a longer, more involved business relationship, you want to make sure important key terms are covered, if applicable, such as posts required, travel details, post approvals, exclusivity, appearances, length, involvement, and duration of your influencer campaign etc... Not only do you need the right terms in a Brand Ambassador Contract, but you want to make sure those terms are favorable to you, not the Brand.

You can reduce the risk of future legal issues when you have a good Brand Ambassador Contract that is fair for both you and the Brand but is more favorable to you.

What an Influencer Brand Ambassador Contract Should Include

An Influencer Brand Ambassador Contract should include details about the scope of the longer-term relationship with the Brand, including the duration of the longer arrangement, any expectations for performance or involvement by both parties, fair payment terms for the longer, more involved arrangement, and consideration for services rendered. Additionally, it should specify any guidelines for promotional materials or posts made by the Influencer, as well as any ownership rights over content created with the brand. The agreement should also include any confidentiality clauses that must be adhered to, along with a clause regarding what happens if either party breaches the contract. As always, it should include a clause defining how to terminate the agreement in case of dissatisfaction or conflict and be signed by all parties involved.

3. Influencer Collaboration Agreement Template

What is an Influencer Collaboration Agreement Template

An Influencer Collaboration Agreement is an agreement between two or more influencers who collaborate to create and promote content. This could include sponsored posts, blog collaborations, and even video projects.

Collaboration with other influencers can help you reach a wider audience and increase your brand’s presence. Your Influencer Collaboration Agreement should include clauses about ownership of the content, payment agreements, and any other important details regarding the collaboration.

Why Every Influencer Needs an Influencer Collaboration Agreement Template

It's important to have a good Influencer Collaboration Agreement Template, the last thing you want is a serious miscommunication about payment, ownership of content, being stuck doing more work than the Influencer you are collaborating with, or other serious legal issues down the road.

You and the other Influencer you are collaborating with need to make sure you have laid out each of your duties and responsibilities for the promotional content created. In order to have a fair and balanced Influencer Collaboration Agreement setting up the right terms, conditions, ownership rights, and revenue splits in advance is crucial. It's important to have a strong Influencer Collaboration Agreement Template that is fair for both you and your collaborator and that protects you both from the Brand.

What Should An Influencer Collaboration Agreement Template Include

An Influencer Collaboration Agreement should include details about the scope of the collaboration, including any timelines for completion from both Collaborators, payment terms for both Influencers, any trademark and branding rules that must be followed, guidelines for promoting the content, and expectations regarding disclosure. Additionally, it should include ownership rights for each Influencer over the content produced, as well as any confidentiality clauses that protect both Influencers. The agreement should also specify what happens if either Influencer breaches the agreement and a clause outlining how to terminate the agreement in case of dissatisfaction or conflict. Finally, it should be signed by both Influencers in order to ensure that everyone has agreed to its terms.

4. Content License Agreement

What is a Content License Agreement?

A Content License Agreement is an agreement between you and a Brand where they will pay you a one-time fee for using your content in their marketing campaigns.

This type of agreement when written correctly is perfect for influencers who want to quickly and easily make money from their content. It also allows for you to have more control over the usage of your content, as the Brand will only be able to use it within a specific time frame or in certain mediums.

Why Every Influencer Needs a Content License Agreement

Content licensing is a great way to earn residual income: leveraging your original content that you've created to grow your platform and monetize it! As an influencer, licensing your content allows you to build brand partnerships and develop relationships with companies. It also allows you to tap into additional sources of income, helping boost your bottom line. Having a Content License Agreement ensures that you have control over how your content is used and when it's used. It also protects you from any legal issues that may arise from the use of your content without your permission.

Why A Content License Agreement is Good for an Influencer

A well written Content License Agreement provides several key benefits to both parties involved. From the content creator's perspective, it ensures a fair level of compensation for their work and outlines any intellectual property rights they may have. It also caps the potential liability of both parties in case of disputes or copyright infringement violations. From the licensee’s perspective (Brand), it protects its own intellectual property rights, allowing them to use the content without fear of legal repercussions. This type of agreement also makes sure that everybody is clear about what’s in scope, who owns the rights to any content produced, and how much money needs to change hands throughout the process.

When you use the right Content License Agreement, it can be extremely beneficial because it gives you as the Influencer control over where your content goes, protects you from copyright infringement, and helps you make money from your creative efforts. Content Licensing is essential for making sure that both parties involved in the process get what they want out of it. So, when your looking for ways to protect my brand name, Content Licensing is something to keep in mind.

When a Content License Agreement Can Be Bad For an Influencer

Content licensing can often be misunderstood, but it's important to understand what kind of license a company is looking for. To put it simply: if a Brand has full license of your content, they have the power to use any of your work in whatever way they want – and don't have to give you credit for it either or pay you every time they use it. It could be for two years or forever – sometimes companies will even just ask for a digital-only license, covering only websites and social media accounts.

Watch out for tricky legal language. The Brand can tell you that YOU are still the owner of your content, BUT they have a full license and they can do as they please with the content. It's important to have the right Content License Agreement and that you fully understand your rights as it relates to ownership and usage of your content. For example, if a Brand pays for a license to your content to promote their purses, they better not attempt to use it to promote their vaps without your consent in an agreement.

What Should A Content License Agreement Include

A Content License Agreement should include details about the rights granted to the licensee in regard to the content. It should specify how and where the content can be used, any limitations or restrictions on use, when and how payment is due, who will retain ownership of the content, and any other details pertinent to the agreement.

Additionally, it should outline any warranties or indemnification obligations of either party. The agreement should also have a clause that defines how the agreement can be terminated and what happens if either party breaches the terms of the contract. Finally, it should be signed by both parties so that everyone understands their respective rights and responsibilities.

5. Influencer Management Contract

What is an Influencer Management Contract

As an Influencer, you can have a Manager who represents you and help you grow your Brand. An I nfluencer Management Contract is an agreement between you and an Influencer Management company. This type of contract allows the Management Company to manage your social media presence, negotiate deals with Brands, and find ways to increase engagement with your audience. They will also handle any legal matters related to influencer partnerships, such as contracts or payment disputes.

What Makes a Good Influencer Management Relationship

A successful Influencer Management relationship is one where both parties benefit. It's important that the influencers and their management companies both feel like they are getting something out of the deal, whether it be monetary compensation or exposure to a larger audience. Communication is key to maintain a positive working relationship – setting specific guidelines and expectations upfront can help avoid any miscommunications down the line. Being flexible and accommodating to each other’s needs is essential for both parties and helps create an environment of trust and understanding. Additionally, feedback from both sides needs to be taken into consideration in order to create beneficial collaborations that are beneficial for everyone involved.

What Makes a Good Influencer Management Relationship

A successful Influencer Management relationship is one where both parties benefit. It's important that the influencers and their management companies both feel like they are getting something out of the deal, whether it be monetary compensation or exposure to a larger audience. Communication is key to maintain a positive working relationship – setting specific guidelines and expectations upfront can help avoid any miscommunications down the line. Being flexible and accommodating to each other’s needs is essential for both parties and helps create an environment of trust and understanding. Additionally, feedback from both sides needs to be taken into consideration in order to create beneficial collaborations that are beneficial for everyone involved.

Why Do Social Media Influencers Need Managers?

Social media influencers need managers to help maximize the potential of the Influencer's online presence and negotiate better deals with brands. Managers can provide professional advice and guidance on how to effectively leverage social media for business, negotiate agreements and take care of administrative tasks such as managing contracts, billing, and payments. Additionally, a manager can also serve as a point of contact with brands, allowing influencers to focus more on content creation and engagement. Hiring an Influencer Manager helps influencers increase their visibility, reach new audiences and create meaningful connections that lead to long-term success.

What Percentage Does an Influencer Manager Take?

The amount an Influencer Manager takes depends on the services they provide. Typically, Influencer Managers will take 10-20% of any payment an influencer receives for sponsored content or partnership agreements. They may also charge a flat monthly fee for providing services such as account management and media strategy. Additionally, some Influencer Managers may ask for a percentage of sales generated from affiliate links shared by the influencer. This percentage can range anywhere from 5-30%, depending on the agreement reached between the manager and the Influencer.

Why Every Influencer Needs An Influencer Management Contract

The last thing you want is to be in legal conflict with the person who is supposed to be representing you. That's why it is so important to have a strong Influencer Management Contract so that you and your manager avoid miscommunications between one another. Both you and the manager want to feel that you are both putting in the work, and this is why it's important to lay out those duties in an agreement. You also want to make sure you are both on the same page about how long you are working together and how much you have to pay them. If you agree to these terms in an email or phone conversation, they don't really legally protect you like a well-written Influencer Management Contract would. You don't want to get stuck working and paying someone you don't work well with for 3 years because you didn't have the right contract in place.

What Should An Influencer Management Contract Include

An Influencer Management Contract is a legally enforceable document that outlines the relationship between an influencer and their management team. This agreement should include the length of the agreement and renewals, the scope of services provided by the management company, any fees or compensation percentage, and any other aspects of the arrangement. The contract should also include a strong termination clause that allows an Influencer to leave the management company if it's not working for them. It should also include exclusivity, meaning if an influencer can only work with this manager or if they are free to work with other managers. The Influencer Management Contract should lay out which sources of income are included and not included in the manager's compensation. This contract should be reviewed and signed by both parties in order to ensure that all parties are on the same page and expectations are clear. Having this agreement in place helps protect both sides from potential legal issues, disputes over fees or payments, or any other misunderstandings in their working relationship.

6. Social Media Independent Contractor Agreement

What is A Social Media Independent Contractor Agreement

A Social Media Independent Contractor Agreement is a legal document between an influencer and the Contractor they are hiring. This type of agreement helps to ensure that both the Influencer and Contractor understand their respective rights and responsibilities, as well as setting expectations for each party.

Why Every Influencer Needs A Social Media Independent Contractor Agreement for the Contractors They Hire

An Independent Contractor Agreement is essential for Influencers who want to hire contractors for tasks such as creating content, graphic design, web design, SEO, writing copy, and providing technical or administrative support. This type of agreement helps define the scope of the services being provided, sets expectations, and outlines any financial obligations between the parties involved. It also ensures that both the influencer and contractor understand the terms of their working relationship and can avoid potential disagreements or conflicts down the line. Having an independent contractor agreement in place also provides legal protection in case something goes wrong with the project.

What Should Influencers Include in their Social Media Independent Contractor Agreements for the Contractors They Hire

These are several important terms that Influencers should include Independent contractor agreements should include the scope of work, including a detailed description of what the Contractor is expected to produce and the timeline for delivering results. The agreement should also clearly outline any payment terms, such as when payments are due and how much money is to be paid for each task completed. One of the most important terms in a Social Media Independent Contractor Agreement is who owns the rights to the content, is it the Influencer or Independent Contractor. Therefore, Influencers should include ownership and copyright terms so that they retain all intellectual property rights in whatever content or work is produced by the Contractor. The last thing that the independent contractor agreement should say is what to do if the two people working together have a disagreement.

7. Influencer Photography Contract Template

What is an Influencer Photography Contract Template?

An Influencer Photography Contract Template provides a framework for photographers and influencers to negotiate the terms of a photography session and to lay out the specifics of the photo shoot to avoid any misunderstandings. By using a specific template contract, both Photographers and Influencers can ensure that their professional relationship is secured by legal means and that their rights are protected in case of any disputes.

Why Every Influencer Needs an Influencer Photography Contract Template

When working with a photographer, it is essential for Influencers to have an Influencer Photography Contract Template in place. As an influencer, it's important for you to know the law and understand who owns the copyright to your photoshoots. When you go on a photo shoot with a photographer, they own the copyright to your photos. This means they have full control over how those images are used and can license them out in any way they wish. It also technically means that you, as an influencer, cannot use or distribute those images without permission from the photographer. Of course, if you hire them, it is understood that you can use the photos for your social media, but you do not legally own those photos.

You need the right Influencer Photography Contract Template with language that transfers the copyright ownership from the Photographer to you. It's your face, concept, efforts, your social media accounts, and your livelihood, it's best if you own the rights to the photographs instead of a license. You want to be able to use those photos in any way you please without asking for permission. So always make sure you have a clear agreement in place before going ahead with a photoshoot!

What Should An Influencer Photography Contract Template Include

An Influencer Photography Contract Template should outline specifics of the photoshoot, payment terms, rights and responsibilities for both parties, usage rights for images captured, copyright ownership, liability issues, and other important details about the collaboration between the two parties. Additionally, the agreement should list any additional services to be provided by the Photographer. The contract should also include a dispute resolution clause so that if any problems arise, there's clear language on how to handle it. Finally, both parties should agree on and sign the document in order to make it legally enforceable.

PART 3- TERMS IN INFLUENCER CONTRACTS

Key Terms to Include in Your Influencer Contract

Legal Agreement

A good Influencer Contract should include the term "legal agreement." The contract should state that this is a legal agreement. A legal agreement is a formal, written contract between two or more parties that is enforceable by law. The parties involved in the contract are bound to fulfill the promises they have agreed upon and can be held liable for any breach of the agreement. In order for an agreement to be legally enforceable, it must contain all of the essential elements of a valid contract, including offer, acceptance, consideration, and intention to create legal relations.

Detailed Scope

A detailed scope in an Influencer Contract Template should, first and foremost, include clear objectives that the Influencer and Brand intend to achieve. It should then provide information on the timeline, content format, influencer post, and budget for the completion of the influencer marketing campaign. The scope should outline the roles, responsibilities, and expectations of the Influencer and the Brand. It should also specify the manner and number of posts required on all social media platforms and include all the necessary details needed in order to complete the deliverables. When the scope is clear, there are fewer misunderstandings which ensures a good Brand and Influencer relationship.

Fixed Term/Ongoing Term

Influencer Contracts can have two types of terms: fixed and ongoing. A fixed-term contract is an agreement between two parties that includes the specific length of time for which the contract is valid. An ongoing term contract, on the other hand, does not have a defined end date and therefore does not limit the duration of the contractual relationship. Both types of terms have their advantages and disadvantages depending on the circumstances at hand.

Payment Details

Another key term in an Influencer Contract are the payment instructions; this is where you detail if there is any pre-payment, flat fee, late fee, percentage, and any other payment structure you and the Brand agree to.

Approval Process

A good Influencer Contract includes an approval term and tries to limit it. By limiting the number of revisions and approvals required, Brands and Influencers can protect their working relationships and ensure that everyone is happy with the results. The Brand may require two revisions, an initial draft and a final draft. As an Influencer, you put a lot of hard work into creating the best possible content, and it isn't fair if you are held back from expressing yourself due to strict regulations from brands or if the Brand asks for unreasonable time-consuming revisions.

Force Majeure

Force majeure is an important clause to include in an Influencer Agreement Template. It's a French term that translates to "superior force" and is used to refer to circumstances beyond the control of the parties involved, such as acts of God, natural disasters, or other unforeseen circumstances. This clause can shift the burden of responsibility away from either party if something occurs that prevents them from fulfilling their obligations under the contract. It protects against unexpected events that could not be reasonably planned for or predetermined.

Termination Terms

A clear Termination clause is important for any Influencer Agreement Template. Terminating a contract is about understanding the obligations laid out in the contract and following any procedures or terms outlined for ending the arrangement. Generally, it's important to ensure that all parties involved are informed and provided with any appropriate notice. When both parties have agreed and understood the consequences of terminating a contract, then both sides can move forward with ending it.

Federal Trade Commission

Regardless of whether there is an FTC term in the Influencer Contract, Influencers should look up the latest guidelines on the FTC website since they are constantly changing regulatory guidelines. Influencers and brands should be aware of the guidelines for sponsorship disclosure in Influencer Contracts. Influencers must disclose any material connection that they have with a brand, such as monetary compensation or gifting, when promoting the brand's product. The FTC requires clear and conspicuous disclosure of this material connection using words like "sponsored," "ad," "promotion" etc... Additionally, Influencers must disclose if they were given discounts or special offers from the brand. This is to ensure full transparency between influencers and their followers. It's important that influencers follow FTC guidelines to avoid legal repercussions.

Confidentiality Clause

As an Influencer, you share a lot of your life publicly. However, you may not want to share everything and may want the Brand to not disclose your confidential information. A confidentiality clause is a part of a contract that requires everyone involved in the contract to agree to keep certain information private. This usually includes confidential information that is sensitive or important, like financial data. The clause can also state that the contract itself is confidential and must not be shared with anyone outside of the people at the Brand who agreed to the contract.

Intellectual Property-Proprietary Information

When it comes to protecting intellectual property in contracts, there are three main points to consider: ownership of the property, appropriate usage of the property, and limits on how much the property can be used. Ownership of intellectual property is important as it ensures that the Influencer what they have produced. Appropriate use is also key in order to ensure that any assets being shared are done so securely. Finally, restrictions need to be placed on the amount of use for certain assets to protect them from misuse. By ensuring these points are included in a contract, as an Influencer, you can rest assured that your work will remain protected.

Notice Term

A notice term is a provision in a contract that requires either party to provide written notice before terminating the contract. It typically outlines the requirements for when and how such notices should be delivered and how much time must pass between issuing the notice and the termination taking effect. A notice term typically includes the mailing address of both parties and any other contact information. Notice terms are important to ensure that both parties are aware of any changes to their contractual agreement and allow them the opportunity to address any issues or disputes before the contract is ended.

Governing Law/Applicable Laws

It is a key term in Influencer Marketing Contracts and is the framework of rules and regulations that will be used to interpret a contract if it is ever disputed. Generally, parties must first agree on a governing law before they execute a contract. This term should outline which country’s and state laws will be used to settle disputes that arise. Knowing this before signing contracts can help prevent disagreements later on down the line. Most Influencers are unaware of how important this term can be; if a dispute does arise, you may be stuck flying to a different state to resolve the dispute.

Arbitration Clause

An arbitration clause can be used in Influencer Contracts to help with resolving disputes if they arise. An arbitration clause states that if either party decides to take legal action, then they will go through a binding arbitration process instead of going to court. This helps both parties avoid costly and time-consuming court proceedings. Arbitration is often less expensive and more efficient than litigation, and it allows the parties involved to have a better understanding of the dispute resolution process.

Entire Agreement

The Entire Contract clause is a standard provision in contracts that confirms that what has been written and/or agreed to in the contract is the complete and exclusive statement of the parties' agreement. In other words, it confirms that any prior agreements or understandings not specifically included in the contract are not legally enforceable. The Entire Agreement Term may also include something along the lines of this "contract constitutes a final agreement between both the parties."

Signatures

Both parties sign at the end, you will be surprised sometimes the Influencer signs, and the Brand never sends a signed contract back. Both parties need to sign in order to have a legally binding agreement.

What Should You Look For When A Brand Hands You an Influencer Contract?

When it comes to being an influencer, there are certain things you should look for in a brand’s contract before signing on. Depending on the brand and its objectives, the contract can vary widely. For a more in-depth Influencer Contract Checklist for all types of Influencer contracts, check out the Influencer Contract Bundle™. And for now, here are a few key tips to consider when a brand hands you an influencer contract:

1. Understand the terms of compensation - Make sure that you understand what form of compensation you will receive from the brand and how much you will be compensated for your work.

2. Review rights and obligations - Carefully review all of your rights and obligations outlined in the agreement to make sure that it is fair for both parties. This includes understanding what content must be produced, who owns the intellectual property associated with the finished product, who retains rights to use and distribute photos or videos created during the collaboration, etc.

3. Verify payment terms - Ensure that payment terms are laid out clearly in writing, including how often payments will be made and when they should be expected. It's important to ensure that this section is comprehensive so there won't be any surprises down the line!

4. Be aware of any restrictions - Make sure that you fully understand what restrictions apply to your collaboration with the brand and if there are any limitations on how frequently you can post content related to their products or services or which platforms they can appear on. Being aware of these restrictions ahead of time can help prevent potential conflicts later on down the road.

PART 4- NEGOTIATING INFLUENCER CONTRACTS

How Do You Negotiate An Influencer Contract?

Negotiating a contract with a Brand can feel intimidating. It’s important to remember that both you and the Brand should come out feeling like a fair deal was made after the conversation is over. Here are some helpful tips to keep in mind when negotiating an I nfluencer Contract:

1) Research the Market: Researching the market and understanding what other influencers have negotiated for themselves will give you a better idea of what your baseline agreement should look like. This allows you to leverage any knowledge gaps between you and the Brand.

2) Have Clear Negotiation Goals: Before entering into negotiations, it is important to identify clearly what your goals are. Make sure that you and the Brand understand each other's expectations so that everyone has realistic objectives to work towards.

3) Don't Be Afraid To Walk Away From A Deal: No deal is better than a bad deal, so don’t be afraid to walk away from negotiations if the terms of the agreement are not satisfactory for you. It’s important to remember that there may be multiple opportunities in the future, so walking away from a deal might be beneficial in the long run.

4) Stay Open-Minded & Flexible: Having an open-mind and being flexible throughout negotiations can help ensure that you and the Brand reach an agreement without feeling frustrated or resentful afterwards. This may include adjusting timelines or rethinking financial arrangements when necessary.

And Lastly, as a Social Media Influencer, you should always pay close attention to the details of the contract since they can make or break your collaboration. Part of your job is maximizing every opportunity if it makes sense and making sure each experience is beneficial and lucrative for you. It is essential to ensure you are being adequately compensated for the engagement your account(s) generate. You should also discuss payment terms, sponsored product usage rights, reposting expectations, and any other details with the Brand so that everything is clarified in advance. Understanding what the Social Media Influencer Contract actually means, and what is expected of you, will help you negotiate with the Brand. The 7 points below will help you target key areas to negotiate.

7 Points When Negotiating a Social Media Influencer Contract:

Understand the Legal Language. You need to really understand what the Social Media Influencer Contract actually says
Understand which terms you must be firm on and which terms can be more flexible
Consider your Number of Followers and Engagement
Consider the Social Media Platforms (Tik Tok, Instagram posts, Youtube Video,FB etc...)
Consider the Type of Post: (dedicated, integrated, intro/end card, link in description)
Consider the amount of time it would take to complete
Know Your Worth!

You've worked hard to get here. Knowing your worth is key to any good contract negotiation. Confidence is everything. Confidently ask for what you deserve. A big part of that confidence comes from actually understanding the legal language in your contracts. This is why I created the Influencer Contract Bundle™ because a Social Media Influencer Contract Template written by an experienced Entertainment Lawyer that has focused on working with Influencers is crucial to understanding what an Influencer really needs in a contract. My Influencer Agreements are not generic. Most of the Social Media Influencer Agreements out there are written by business attorneys who don't understand the nuances of working with Influencers. Influencer Contract Bundle™ provides all the right Social Media Influencer Contract Templates you would need with a detailed video explanation of each legal term, legal guides/workbooks contract checklists, and online support from me! There is nothing like this out there!

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