Strong, well-written contracts are important for influencers to protect their rights and establish the terms of their collaborations. Specific contract provisions may vary depending on each influencer’s work, but there are some key provisions that are important to be aware of. In this blog, we will discuss the most important contract provisions that influencers should pay attention to and include in their contracts.
- Scope of work: A provision outlining the scope of the influencer’s services, specifically the type and frequency of the content to be created, platforms to be used, and milestones or deliverables, is important so that influencers know the boundaries of their content and what is expected of them.
- Compensation and payment: The compensation provision is a key provision for influencers to be aware of because it lays out the terms for how they will be paid. This provision should state whether the influencer will be paid a flat fee, commission, or combination of the two, the payment date, method of payment, and any interest or late payment penalties. Influencers should always include this provision in their contracts to ensure they will get paid for their work.
- Exclusivity and conflicts of interest: This provision discusses whether the influencer must only work exclusively with the brand in the contract for the duration of the agreement, or if the influencer can still work with other brands. Any restrictions on collaborations with competitors or similar brands should be noted here. Influencers are smart to include this provision in their contracts to avoid potential disagreements and understand the limits on what they can and cannot do.
- Intellectual property rights: This provision protects the influencer’s content by defining who owns the created content and who has the right to use it, including repurposing, modifying, or licensing content. Influencers should keep an eye out for these provisions to ensure they do not unknowingly sign away their rights to their content.
- Term and termination: The duration of the contract should be specified to avoid any misunderstandings arising later and ensure the influencer knows how long these rights and responsibilities last. Additionally, any grounds for termination, notice periods, or process for termination by either party should be specified.
- Confidentiality and non-disclosure: A provision protecting confidential information shared between the influencer and the brand is important to protect the influencer’s sensitive data. When implementing this provision into your contract, it is wise to define how long the confidentiality obligations last.
- Disclosure and compliance: Influencers must be careful to comply with laws and regulations, including disclosing sponsored content, following FTC guidelines, and honoring copyright and trademark laws. These provisions are important for influencers to understand their responsibilities under the contract.
- Indemnification and liability: This provision establishes which party will be held accountable for any claims, damages, or losses arising from the collaboration.
- Dispute resolution: By choosing a preferred method of resolving potential disputes, the parties can establish a fair approach to resolving possible future conflicts. In your contract, you can specify a preference for arbitration, mediation, or negotiation, and the jurisdiction or governing law to be applied.
Contact Venustas Law to review and/or negotiate your contracts!