What is an Influencer Agreement Review?
An influencer agreement is a legal contract between an influencer and brand that defines important aspects of their working relationship, such as work scope, payment terms, and usage rights.
By having a solid influencer agreement in writing, both parties can ensure that they’re protected from unnecessary risks, don’t have to worry about ownership disputes, and can meet specific agreed-on expectations to have a successful working relationship.
In the rest of this article, we cover key terms included in an influencer agreement, how to review it, and when to consult with a professional lawyer for assistance with the process.
What are Some Key Terms in Influencer Agreements?
An influencer agreement typically includes essential information, such as the following key terms.
- Duration. For how long the contract will be effective needs to be stated. This will be decided on by both parties, as it depends on their goals and requirements.
- Content. What types of content will be included, such as videos, audio files, or postings, must be defined. This has to be clear and specific (such as how many posts will be required) so that there are no misunderstandings.
- Distribution. How the content will be published should be clarified, such as what channels will publish it.
- Rights. The rights the influencer and company have will be mentioned, including how they can change or continue after contract termination. There should be explanations about licensing and copyright.
- Deadlines. Tasks completed by the influencer must meet specific deadlines. This needs to be clarified to prevent delays and misunderstandings.
- Termination. Under what conditions either party can end the contract should be included in the contract, as well as how much notice needs to be given.
- Payments. How much compensation the influencer will receive for their work should be clearly defined. This section should explain the chosen payment arrangement in detail as well as any additional benefits, such as bonuses.
What are Tips for Reviewing an Influencer Agreement?
Before agreeing to the terms outlined in an influencer agreement, there are some important things to do during a review.
Think About Your Deadlines
When discussing deliverables and their deadlines, you want to ensure that they meet your goals and are reasonable. Extremely tight deadlines that don’t take into account the amount of work required can backfire, causing disagreements and delays.
Be Careful with Exclusivity Periods
Some influencer agreements will prevent you from working for the company’s competitors, but there should be a reasonable duration for this. If it’s too broad, it could prevent you from earning income or having career opportunities.
Check Content Approval Procedures
This can be a tricky aspect of the influencer agreement because it can easily trigger issues. Content approval terms discuss the process of reviewing and approving your content. It includes revisions, but make sure that the wording in this clause isn’t vague. The contract should list a specific number of revisions so that you don’t risk an unlimited amount of them.
Be Clear About Content Usage
The contract should clarify how the content can be used, such as on what platforms it’s allowed to be published. Content usage should be explained for the duration of the contract and after it.
Negotiate for Favorable Terms
If there’s anything in the contract you feel doesn’t meet your goals or requirements, you should negotiate with the other party for a better deal. Some tips for successful negotiations include:
- Consider the other party’s needs. Discuss the contract’s terms openly so you can assess what the other party, such as the company, hopes to achieve. This will show you how much negotiating room there is.
- Bring research to the discussion. When negotiating terms, do your research beforehand so that you back up your requests with facts. For example, if you want to negotiate higher pay, you should research what other influencers in your location are earning for a similar contract.
- Have backup negotiations prepared. Enter discussions with a list of things you’d like to negotiate. If you don’t get what you want, such as higher pay, consider alternatives, such as negotiating for longer deadlines or bonuses.
Whatever you negotiate with the other party, you should get it all down in writing. This will keep both parties accountable while preventing misunderstandings in the future.
Get a Legal Review of the Influencer Agreement
When reviewing your influencer agreement, it’s worthwhile to reach out to a qualified lawyer for a professional review. A legal review will help you spot any unfair or vague terms in the contract that could harm you or your working relationship.
Other benefits of having a legal review include the following:
- Identifying any vague language in the agreement, such as concerning payments or deliverables, before they become disagreements.
- Clearing up payment terms and details beyond how much you’ll earn, such as penalties for late payments.
- Clarifying ownership rights to protect your assets.
- Noting exclusivity clauses that could hamper your careers.
- Checking contract cancellation, so that you have exit provisions should the contract not meet your needs.
- Keeping the contract compliant with all local laws and industry standards.
- Protecting your content from misuse or infringement.
- Re-drafting clauses so that the contract isn’t one-sided.
- Negotiating with the other party on your behalf if you’d like to discuss more favorable terms.
How Can You Get a Legal Review of Your Influencer Agreement?
If you want to find a lawyer to review your influencer agreement, you don’t have to rely on word of mouth. Online legal marketplaces make finding a lawyer a simple, straightforward process.
On ContractsCounsel, one of the biggest online legal marketplaces where clients can seek legal guidance from qualified lawyers, you can post a request for a legal review of your document and a professional lawyer will assist you.
It’s easy to request a review of your influencer agreement. Here are the steps to follow:
- Visit the ContractsCounsel marketplace.
- Select “One-time project” and “Review contract.”
- Post your project on the marketplace (it’s free).
- Include some details about what you require so lawyers know how to help you.
- Wait for multiple bids from lawyers on the platform.
- You can review the lawyers’ profiles based on criteria such as their location, credentials, years of experience, and client ratings for previous projects completed on the platform.
- Choose a lawyer to work with. You can arrange a call through the platform and make secure payments when hiring a lawyer.