Do you ever try to work with influencers? Since it involves a legal relationship, remember that it is of great importance to be able to draw up some sort of a contract or agreement which is clear, fair, and includes obligations and rights with regards to both sides of the contract.
Another thing to keep in mind is that if you use an agency or a platform, they are very likely to have their own contract template which might make things a bit more complicated as there will be three parties involved then.
What Are Top Common Sections of a Valid Contract?
There are many samples on the Internet provided for you to either use their own complete and unabridged form or gain new insights into what a valid contract is like. However, the best thing to do is to adopt a contract that suits you best and meets the requirements of your business.
Here are some top common sections that you probably need to include in your contract.
The basic features that should appear on any valid contracts are the names of the parties involved, the date you write the contract, and a description of what the contract is about. For example, you can outline that this is a contract between the advertiser and the influencer.
It is important to determine how long you are intending to continue this collaboration. Is this a contract only for one campaign or do you wish to have a long-term relationship with the influencer?
You need to define your expectations clearly such as the contents you expect the influencer to post, and the deadlines they need when they share content. You might also need to set up a schedule of services. The following list will guide you into things you need to consider.
- Type of Content – this includes the number of photos, videos, stories, and IGTV appearances. You can also choose a format that suits your campaign best.
- Mentions and Hashtags – the hashtags might refer to a trend or to the name of your campaign and specific people. Mentions have the same procedure. However, try not to impose too many limits on the way they build up their relationship with their audience.
- Timing – of course, you can seek your influencer’s advice, but you need to be strict about the timing, having agreed on when your content must be posted.
- Aesthetics – you do not always work with mega-influencers. To work with some micro or even Nano-influencers, you will have to advise them on how you wish to introduce your brand to your target audience.
The termination clause
Specify what things exactly break your brand’s rules, or are considered as poor performance and also non-performance. These terms and conditions will allow you to end a contract if your requirements are not fulfilled.
You should also prepare a list of things that you expect the influencer you are working with to avoid. You may not want them to mention specific words and phrases such as competitors by names or a kind of language that does not suit your company like swearing.
In the United States you can look into FTC (Federal Trade Commission), and in Europe GDPR (General Data Protection Regulation) can help you with guidelines that protect your rights in sponsored content. Consider what legal system will clarify what rules an influencer should follow when a content shared is in fact a collaboration.
Confidentiality and exclusivity
The title must be self-explanatory. Collaboration between the company and the influencer often leads to sharing some private content and sensitive information. You need to indicate the types of things they are not allowed to reveal.
Regarding exclusivity, it is natural for you to expect them not to work for your competitors while they are under contract with you.
A valid contract should set out the agreed compensation strategies. Different methods suggest how you can pay an influencer. The following is a list of notable examples.
- Giving free products
- Paying an agreed flat rate
- Making performance-based cash payouts
- Include bonus incentives
Make sure to let the influencer you are working with know exactly when and how the payment is going to be made, and what payment strategies are acceptable. Moreover, you need to determine what currency you are going to use in order to pay the compensation. This matters more when you are working with an international influencer.
However, if you are utilizing a platform or an agency, you will not have to sort out this issue because one of their important roles is to take care of this matter for you.
The force majeure clause
Recognize that there might be situations out of the parties’ control and how they would impact your contract. You may also want to state that the influencer is an independent freelancer. In the end, clarify your preferable legal system so you could use it if the need arises.
An Influencer Contract Sample
Here is a sample of agreement between the advertiser and the influencer provided by Imrpr, to give you a better understanding of what to begin your contract with and what terms and conditions to consider.
Keep in mind that as it was said earlier you are required to adopt a contract that suits you best, so this sample only gives you some guidelines and general information and does not offer legal advice as every campaign needs to be analyzed case-by-case.
Sample Influencer Agreement
This Agreement, executed on _________, 20__, is entered into by and between YOUR COMPANY, with an address of YOUR ADDRESS (hereinafter referred to as the “Company”) and __________________actor/model with an address of____________________(hereinafter, the “Influencer”). Company and Influencer may be referred to collectively as the “Parties.” For good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows:
- CONFIDENTIALITY AND EXCLUSIVITY
- PAYMENT TERMS
- MATERIAL DISCLOSURES AND COMPLIANCE WITH FTC GUIDELINES
- FORCE MAJEURE
- INDEPENDENT CONTRACTOR
- REPRESENTATIONS AND WARRANTIES
- GENERAL TERMS
Please acknowledge your agreement by signing below and returning a copy to us. We look forward to a mutually rewarding
Signature and Date
Your Name and Title
Your Signature and Date
Whether you are an organization or a brand, a big campaign or a small one, and trying to have a long-term collaboration with an influencer or a short one, always have a valid contract signed so that both parties’ rights are protected.
An agreement is probably the first key to running a successful campaign as it clarifies and determines what you as the advertiser or them as the influencers would expect from this collaboration.
What is your next step?
Start setting out your requirements and adapt your own valid contract as soon as possible.