What is Endorsement Agreement Drafting?
An endorsement agreement is a legal contract between a public figure, such as an athlete or influencer, and a brand. It gives the brand permission to use the person’s image, likeness, and voice for specific purposes, such as marketing their services.
If you need to draft an endorsement agreement, you should specify some important details to provide clarity and prevent disputes.
Read the rest of this article for key terms to include in an endorsement agreement, tips for drafting it, and how a qualified lawyer can assist you with the process.
What are Key Terms in an Endorsement Agreement?
An endorsement agreement usually contains core components such as the following:
- Scope. Explain exactly how the brand can use the endorsement, such as on social media.
- Compensation. List all fees, milestone payments, and other payments that apply.
- Deliverables. List all the actions that must be delivered, such as the number of social media posts required.
- Appearances. Explain how many appearances the public figure will commit to for promotional purposes.
- Exclusivity. This clause in the agreement prevents the endorser from working with the company’s competitors.
- Term and termination. Define how long the agreement will last and what conditions can trigger an early exit.
What are Tips for Drafting an Endorsement Agreement?
When drafting your endorsement agreement, you want to clarify all its terms so that parties understand them. This goes a long way to preventing potential disputes in the future. Here are some important things to bear in mind when drafting it.
Be Specific About the Scope
Make sure that the agreement contains specific tasks which will be completed, such as live appearances. Mention times when brand sign-off is required on content prior to it being published or used.
The agreement must include how and where the endorsement will be used, such as if it will appear in advertisements or public appearances.
Detail Compensation
The payment structure must be properly clarified to prevent payment-related disputes. Mention if the payment is a flat fee or milestone-based structure, and when payments are made. Explain how costs, such as for travel, are handled. If bonuses apply, you want to explain them.
Dive into Exclusivity
Exclusivity is a huge concern regarding endorsement agreements. You should clearly explain what the endorser can and can’t do, such as if there are specific brands or companies that they’re not allowed to work with, for the agreement duration.
If applicable to your specific agreement, you should mention if there are any exclusivity exceptions. An example would be prior deals that the endorser has already secured.
Provide Likeness Rights
Make sure that the company has specific rights to use the endorser’s name, likeness, voice, and image. When the agreement comes to an end, there should be clarity for how long the brand is permitted to use the promotional materials containing them.
Consider Approval Processes
It’s important to define how the endorser can review and approve or reject content that features their name and likeness. Include a timeline for approvals so that you prevent unnecessary delays.
How Does a Lawyer Help You Draft an Endorsement Agreement?
A lawyer can help you with drafting your endorsement agreement in the following ways:
- Identifying the parties involved in the agreement. This will be aligned with services included in the working arrangement.
- Defining all parties’ obligations. This includes specifying what’s required of the endorser, such as attending live performances or public appearances, to prevent misaligned expectations.
- Establishing deadlines and deliverables. Regarding content, a lawyer will set out exactly how much content is required, such as a specific number of social media posts or videos per week.
- Negotiating terms with the other party. If you’d like to discuss terms of the agreement with the other party, a lawyer can assist you with the negotiations.
- Determine exclusivity requirements. A lawyer will figure out if the endorser is allowed to work with other companies and will explain what products/services and territories apply to that agreement.
- Aligning the agreement with relevant laws. This includes complying with industry standards and legal requirements for compliance.
- Addressing potential risks. Your lawyer will draft clear provisions for navigating potential future risks, such as misconduct, to protect your interests.
- Reviewing your agreement. If you’ve drafted an endorsement agreement, you can hire a lawyer to review the agreement for you so that you have peace of mind about all its terms.
Where to Find and Hire a Lawyer for Endorsement Agreement Drafting
If you’d like to hire a lawyer to draft your endorsement agreement, you should use an online legal platform that gives you access to a wide range of lawyers who can help you.
Online legal platforms such as ContractsCounsel make searching for a lawyer easier than having to call traditional law firms in your area.
ContractsCounsel is one of the largest online legal marketplaces that connects you to a curated network of lawyers who have been vetted on the platform.
Here are the steps to follow when asking a lawyer to draft your endorsement agreement:
- Go to the ContractsCounsel marketplace.
- Select ‘One-time project’ and ‘Create or update contract.’ Or, you can choose ‘Contract review’.
- Post your project or request for free. Try to include some information about the project to match with the right lawyer who can help you.
- Review the lawyer data. The platform provides lawyer information, such as their credentials, field of expertise, years of experience, client ratings for previous projects completed on the platform, and location.
- Select a lawyer who matches your requirements and hire them to draft your endorsement agreement for a flat fee.
