What is an Influencer Contract Negotiation?
An influencer contract is a legal document signed by a company and influencer or content creator. It outlines the important terms parties have to follow during the working relationship, such as making payments on time, delivering specific content, and agreeing to who owns the content.
Reviewing an influencer contract is essential to prevent disputes and ensure it’s fair and reasonable.
Here’s what you should know about influencer contracts, what they usually contain, and how to negotiate them.
What’s in an Influencer Contract?
To protect both parties in the agreement, an influencer contract must contain key terms such as:
- Scope of work. This includes details about what deliverables will be requested from the influencer, such as the types of content they will create and their deadlines.
- Payment. All payment terms, such as pricing tiers, commission, and how the influencer will be paid, must be explained for clarity.
- Ownership and usage. It’s important for the agreement to specify which party will own the content that’s created during the term and how it’s allowed to be used.
- Exclusivity. This clause must specify if the influencer is allowed to work with competitors.
- Termination. The agreement must specify when the contract comes to an end and how either party can terminate it early. It should also explain what happens if there are contract breaches.
- Dispute resolution. This stipulates what method of resolving disputes will be selected in the case of a disagreement, such as arbitration or mediation.
What are Tips for Negotiating an Influencer Contract?
When negotiating an influencer contract, you should consider some important things to get a better deal.
Challenge Any Vague Clauses
If there’s ambiguous wording regarding deliverables or payment, this is a red flag as it can cause you issues. For example, if the contract states that the influencer must create a few posts per week, a lack of clarity on the exact number required can result in mismatched expectations.
Consider Your Creative Future
As an influencer, you might want to be able to use your content, such as images, for other purposes after the contract comes to an end. You’ll want to negotiate for this to be possible.
Query the Payment
Conduct some research into what content creators are receiving as compensation in your location and for similar jobs, so you can negotiate for higher pay.
When negotiating with the other party, bring in this research you’ve done so you support your claims.
You should consider other benefits if negotiating the payment doesn’t give you the results you want. For example, perhaps instead of getting more compensation, you could negotiate exclusivity.
Clarify Deliverables and Extra Work
Sometimes, there could be confusion between what deliverables are required and any extra work that’s required during the contract term. It’s important to break down all tasks that are required and their costs. If these don’t seem to match, you should negotiate how to deal with them in terms of payment and deadlines.
Cap the Revisions
It’s important for the agreement to specify how many rounds of revisions are permitted and compensated. This prevents “scope creep” situations in which you do more work but don’t get paid for it. Discuss a number of revisions that feels right for you based on your experience.
Choose to Compromise
You should try to compromise with the other party as this is usually more effective than making demands. Make concessions in exchange for receiving something. For example, you might suggest a higher price for revisions, but agree to having clear content outlines to guide you so that your work is more likely to be accepted.
Get Changes in Writing
If you’ve successfully negotiated certain terms in your agreement, you should get it all down in writing. This will prevent the other party from going back on the agreement or changing their mind in the future.
Do You Need a Lawyer for Help with Influencer Contract Negotiations?
Having a lawyer support you through the negotiation of your influencer contract is advisable. Since these contracts can have hidden risks, you don’t want to sign them before understanding them and knowing how to negotiate them for the best outcome. Here is how a lawyer can help you with negotiations:
- They have the legal expertise to check that the contract is legally sound and enforceable should something go wrong.
- They’ll revise the contract so that it’s balanced and clear for both parties.
- They’ll spot legal risks that could include usage rights, ownership, and payment schedules.
- They’ll help you figure out what you should and shouldn’t negotiate.
- They’ll negotiate details so that everything is aligned with your goals and meets your needs.
- They’ll advocate for you to ensure your future work opportunities are protected.
- They’ll act as a buffer between you and the other party, ensuring that all discussions are professional.
- They’ll propose revisions that protect both parties.
- They’ll ensure that all dispute-resolution methods are solid should there be disagreements in future.
- They’ll prevent you from making mistakes during negotiations that could hamper your working relationship or future career opportunities.
Where to Find a Lawyer to Negotiate an Influencer Contract
It’s not always easy to find a lawyer to review a contract or negotiate one. However, online legal marketplaces such as ContractsCounsel make this an easy process that you can do without having to leave your house.
ContractsCounsel is one of the largest online legal platforms where you can connect with more than 1,000 lawyers to help you with contract reviews and negotiations. Since your influencer contract can be complex or vague, you want a lawyer to look over it.
All lawyers on ContractsCounsel are vetted on the platform, with years of experience in assisting clients with their influencer contract reviews and negotiations. You can easily find one based on research provided by the platform, such as the lawyers’ expertise, credentials, and client ratings for previously-completed projects. This will give you peace of mind to choose the best lawyer for your specific requirements.
