Influencer Marketing Agreement (For Brands) by Verified Lawyer

As a lawyer with years of practical legal experience in drafting business contracts and other agreements, I created this template Influencer Marketing Agreement for use in engagements between companies and social media influencers. For this template, the company is seeking to promote its brand by engaging with an influencer.

Overview of My Influencer Marketing Agreement Template 

For context, an Influencer Marketing Agreement outlines the working arrangement between a social media influencer and a client. It details the influencer’s services and the compensation they will receive in return. Any time a company collaborates with a social media influencer for marketing purposes, the use of an Influencer Marketing Agreement is recommended since it helps formalize the agreement between the business and the influencer.

What Is Included in My Influencer Marketing Agreement Template

My template Influencer Marketing Agreement can be adjusted and modified to meet the needs of your particular influencer engagement. The template agreement sets forth what services will be provided by the influencer and, in exchange, how the company will compensate the influencer. The template contains a modifiable “Statement of Work” which allows you to describe, in detail, the expectations of the company and what needs to be done in order for the influencer to be paid.

The template Influencer Marketing Agreement contains a clause that establishes ownership of published content. This is a helpful clause since it can mitigate the risk of legal issues arising related to intellectual property and copyrighted works. 

The template Influencer Marketing Agreement also contains a confidentiality clause, which can serve to help protect any company trade secrets or proprietary information that may need to be shared with the influencer. In addition, the template Influencer Marketing Agreement contains an indemnification clause, which can be helpful in clearly establishing that the influencer agrees to indemnify and hold the Company harmless for any claims and actions that may arise out of a breach, or threatened breach, of the agreement. 

The template Influencer Marketing Agreement also contains important legal provisions such as the relationship between the parties (i.e., the influencer being designated as an independent contractor), the term of the agreement and what is required to terminate the agreement, the relevant state law that will govern the terms of the agreement, and stipulations for assigning the agreement.

The template Influencer Marketing Agreement also contains a severability clause. This is important since the severability clause stipulates that the invalidity or unenforceability of any provision will not impact the validity and enforceability of the other provisions contained within the agreement.

Who Should Use My Template Influencer Marketing Agreement 

My template Influencer Marketing Agreement can be used in the context of a company engaging with a social media influencer to promote its brand. The template agreement can be used to engage with influencers on various social media platform, including:

• Facebook / Meta
• Instagram
• Snapchat
• TikTok
• Twitter / X
• YouTube

Benefits of Using My Template Influencer Marketing Agreement

Since the majority of social media influencers are considered independent contractors working on a freelance basis, the use of a contractual agreement setting forth what services will be provided and how the influencer will be compensated is helpful. In addition, a written, formal agreement can help both the company and the influencer by clearly outlining the rights, responsibilities, and obligations of the parties.

My Influencer Marketing Agreement can make the difference between the influencer being paid for their work or not. An influencer who creates the required posts for the client but never gets paid can use the agreement to take legal action.

In the event an influencer agrees to create specific posts or videos for your company, but never completes the work, then my Influencer Marketing Agreement can serve as the foundation for a breach of contract claim. In the event that situation arises, having an experienced attorney by your side makes sense. My legal services are available and I am experienced in advising individuals and businesses of all sizes (from start-ups to existing small and medium sized businesses) on complex legal matters. 

Clauses included in this agreement:

1. Content
2. Fees and Billing
3. Ownership of Content
4. Talent’s Representations
5. Independent Contractor Relationship
6. Confidentiality
7. Indemnification
8. Term and Termination
9. Governing Law
10. Assignment
11. Entire Agreement
12. Severability
13. Waiver
14. Counterparts; Electronic Signatures