An Influencer Guide: What Should Be Included in Your Influencer Agreement Contract

As an influencer, there are some things you should be aware of before signing an influencer agreement contract. What to expect and what should or shouldn’t be in the document. Understanding your legal responsibilities can help you sign with confidence knowing that you’re protected legally.

Unfortunately, there is no single template that covers all influencer agreements — but there are a few things you should always look out for. I’ve put together this influencer agreement checklist which covers the important must-have clauses of an influencer agreement contract.

What’s the Purpose of an Influencer Agreement Contract?

The goal of your influencer agreement contract is for you to obtain an agreement as smoothly and quickly as possible while retaining some control of your intellectual property. By negotiating the terms of your contract, you can ensure that you retain all rights to your work and that no one else can use it without permission from you.

You can also ensure that all parties involved are represented fairly and that everyone is aware of what they need to do in order for the project to be completed. The contract should be fair and reasonable, while also protecting your interests as a content creator.

What Is Included in an Influencer Agreement?

An influencer agreement is a contract between an influencer and a brand that details the terms of their working relationship. An influencer agreement can be considered the legal document that outlines the terms of an influencer’s work with a brand and helps to protect both parties. The following is a list of some of the key elements that should be included in your influencer agreement.

Scope of Work and Deliverables

The scope of work and deliverables are the two most important elements of the influencer agreement contract. The scope of work is basically what the brand is asking you to do—the specific activities the brand would like you to do, or the type of content you should create. The brand can also include in this section what kind of language or tone is expected or preferred for each type of content.

The deliverables are the pieces of content that will be created as part of the scope. For example, if the brand paying you to create a video about a product, they might ask you to provide a script or outline for the video before you start filming.

Fees, Payments, and Reimbursements

The first thing that needs to be determined is the fee for the work being requested. This can range from a fixed amount (like $500), a percentage of sales of an item (like 10%), or another type of compensation plan (like paying $100 per video). Make sure you understand exactly how much money you’ll be making before signing on the dotted line.

Next up are payment terms and reimbursement policies. What percentage of payment will come upfront? When will it be sent out? How often can you expect payments to come in? What about expenses like travel or equipment rental fees—are those included in the price? The answers here will depend on what kind of agreement you’ve signed with your client or company. It’s important that all of this information is written down before you start negotiating—you don’t want any last-minute surprises or confusion about what’s included in the deal!

Term and Termination

The Term and Termination section of the Influencer Agreement Contract is important because it spells out how long the agreement will last. The length of time can vary depending on what the brands want from you.

If they want to use your content for a short period of time, or if they just need a certain number of posts, then there might not be a specific term specified in your contract. This means that you should be able to terminate your agreement at any time—just make sure that you have written permission from them before doing so.

The termination clause also specifies whether or not there are any fees associated with ending an agreement early. For example, if the brand doesn’t have any other plans for working with you within the next few months but wants to keep its options open, then it may ask for some sort of fee or commission (sometimes called an “earnout”) if you break off early.

In general though, if a brand wants to keep working with you regularly but doesn’t want to commit to anything long-term, then this section will likely include information about how often they expect to work with you (e.g., once every two months).

Intellectual Property (IP)

Intellectual property (IP) is an important part of any influencer agreement contract. It’s what keeps your brand’s intellectual property safe, and it gives you a way to protect your interests as well.

You should make sure that your brand’s IP is protected. This means making sure that the content that you create together cannot be used by the brand in any way besides the agreed-upon terms of use. For example, if you only want to post your content on your Instagram and not any other social media platforms, then you need to make that clear in this section of your contract.

You should make sure that the brand does not use any content created by you for their own purposes without permission from you or anyone else involved in creating said content (i.e., photographers). If there is an issue with this happening after signing a contract with a brand, then you may have grounds for legal action against them if necessary (which we don’t recommend doing unless absolutely necessary).

Confidentiality and Non-Disclosure

The brands should include a confidentiality clause in the contracts. This states what information you must not share about the campaign with anyone other than their legal counsel. It should include an agreement not to disclose any information about the campaign until after its conclusion.

When you agree to work with a brand, they may ask you to keep certain information confidential. You don’t want something important to be shared with your audience accidentally.

Publicity Rights and Use of Information 

Publicity rights refer to the ability of a brand to use your name, image, and likeness of you or your entity for commercial purposes. For example, if you were to make a deal with the brand to promote a product on Instagram, they have the right to use your image and name in any way they see fit—including using it as part of their marketing campaign.

In some cases, this may be enough information for you to decide whether or not you want to sign on with a particular brand. If you don’t want your name or face associated with that company’s products and services, it may be best to move on from the negotiation process entirely.

However, most brands will ask for more than just publicity rights in their contracts with influencers.

Indemnity 

The indemnity provision is the section of your influencer agreement contract that says that the brand will protect you from any legal liability for anything that happens as a result of your involvement in the campaign. This means that if someone gets hurt, or if something goes wrong, or if anyone is offended by any content created as part of the campaign, and it’s traced back to you, then they are responsible for paying for any damages caused.

This isn’t meant to scare you—it just helps you get clear on what you’re agreeing to when you enter into an agreement with a brand.

Governing Law, Jurisdiction, and Venue 

Your influencer agreement should include the governing law, jurisdiction, and venue. This means that if a dispute arises between you and the brand regarding the agreement, the court system will apply these laws to determine which party is entitled to compensation. It also determines where the lawsuit will be heard. The standard for deciding these questions is generally stated in the agreement.

The agreement shall be interpreted under and governed in accordance with the laws of the country or state. Any action or proceeding arising out of or related to this agreement must be brought in a court located in the country or state.

Takeaway

As you negotiate with the company and size up the influencer agreement content, keep your eyes peeled for issues that may exist in the contract. As you review the document and contents carefully, look to see if there is a mutual obligation made by both parties in the contract. There is nothing wrong with a mutual obligation clause; however, it could mean trouble for you down the line if your obligation is disproportionate to what will be provided for you. If there are things that you don’t like or have questions about, feel free to consult with an attorney.