What is Influencer Agreement Drafting?
An influencer agreement is a legal contract between a brand (company) and influencer. It outlines guidelines for how the influencer will provide deliverables and how they will be compensated.
If you need to draft an influencer agreement, you might wonder how to go about it. Read the rest of this article to explore what key terms are included in an influencer agreement, how to draft it, and how a qualified lawyer can help you draft one that’s professional and protects your interests.
What are Key Terms in an Influencer Agreement?
An influencer agreement usually contains key aspects that govern the company-influencer relationship, such as the following terms:
- Term duration. This agreement should specify how long the influencer agreement will last. It needs to take both parties’ requirements into account.
- Deliverables. This specifies what type of content should be provided by the influencer, such as blog posts or audio files.
- Licensing. This explains what rights parties have to use the content, as well as how these relate to copyright.
- Deadlines. These must be stated so that the influencer knows what’s expected of them.
- Termination. How either party can end the contract, such as the steps involved, should be included.
- Payments. This details how much money the influencer will be paid for the work they provide. It should explain how payments are made, if invoicing is required, and more.
- Dispute resolution. If there are disputes between parties, the influencer agreement should include clauses for how to resolve them. This can include dispute-resolution methods such as mediation or arbitration, both of which prevent costly and time-consuming litigation.
What are Tips for Influencer Agreement Drafting?
When writing an influencer agreement, there are some important things to consider. While you can make use of a generic template, this isn’t advisable as it prevents you from customizing the agreement according to your specific contract needs.
Here are some tips for writing a strong influencer agreement.
Specify Deliverable Details
The section of the agreement about deliverables should be clear and detailed. For example, if the influencer has to create a certain amount of posts on their social media platform every week, you’ll want to specify what topics should be covered and how the brand will sign off on them.
Consider What Happens to Content Post-Termination
As a brand owner, you might want the influencer to remove your content after the project comes to an end. However, you could specify a different arrangement, such as if the content remains on their profile but they’re not allowed to promote it. This is important to clarify so that you maintain control of your brand message.
Set Provisions for Breaches
You should include consequences, such as penalties, for breaching the agreement terms. It’s also important to have a clear course of action that needs to be taken if there’s a breach to minimize its harm.
Consider Exclusivity
A brand owner might not want the influencer to work with competing companies during the agreement term. Negotiate this term with the other party to find a middle ground that works for both of you, such as by including exceptions or restrictions.
Explain Rights
The influencer agreement must specify if the company has exclusive rights, in which they own the content and the creator isn’t allowed to use it in their portfolio, or if the brand has non-exclusive rights. These rights enable influencers to use the content in other ways. Whichever rights you choose, they should be clearly specified.
Think About Restrictions
There are also restrictions that will come into play, such as time restrictions, in which content can only be used for a specific period of time before it expires. This serves to protect the influencer’s interests so that they can re-use their content at a later stage.
Do You Need to Hire a Lawyer for Influencer Agreement Drafting?
Although you don’t always need a lawyer to draft your influencer agreement, such as if it’s a simple contract without high stakes, legal guidance is beneficial for any contract. A lawyer will draft a professional and legal influencer agreement, such as by:
- Providing clear terms that can’t be misinterpreted by parties.
- Clarifying all aspects of the work to be delivered.
- Setting payment terms that protect both parties, such as late payment penalties and bonuses.
- Determining who owns the content and how it can be used.
- Explaining all licensing and copyright rights so that there’s no confusion.
- Aligning the influencer agreement with all relevant laws and regulations.
- Allocating risk correctly to limit liability.
- Protecting sensitive business information, such as with confidentiality clauses.
- Reviewing an influencer agreement if you’ve already drafted it so that you have peace of mind that it’s balanced and legal.
Where to Find a Lawyer for Influencer Agreement Drafting
It’s not always easy to find a lawyer to draft your influencer agreement. You want someone who’s reliable and professional, while having experience in contract drafting to give you peace of mind. You don’t have to contact traditional law firms or ask around for lawyer recommendations. Instead, you can find a lawyer on an online legal platform that connects you with skilled lawyers.
An example is ContractsCounsel. As one of the largest online legal marketplaces, ContractsCounsel gives you access to a network of vetted lawyers. It’s easy to post a request for a lawyer to draft your influencer agreement. Here are the steps to follow:
1. Go to the ContractsCounsel marketplace, where you can post your project. It’s free!
2. Include a few additional details, such as what terms you’d like included or why you need the contract drafted. This will help you match with the most suitable lawyers.
3. Wait for lawyer bids. You’ll receive multiple bids from lawyers directly on the platform who can assist you.
4. Once you receive the lawyer bids, you should review the lawyers' profiles. There’s lots of info on the platform to help you choose the best lawyer, such as their location, client ratings, years of experience, and field of expertise.
5. Connect with a lawyer you think is best suited to your requirements and hire them.
