Influencer Agreement Template
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An influencer agreement defines the working relationship between an influencer, or content creator, and the company. It can be complex, with important clauses that need to be legally sound.
On ContractsCounsel, an online legal marketplace where you can connect with vetted lawyers, you can purchase an influencer agreement template instead of drafting this contract from scratch.
These templates are legal, clear, and set out comprehensive terms important for the working relationship to be a success.
Find Influencer Agreement Templates by Type
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
- 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:
- Content
- Fees and Billing
- Ownership of Content
- Talent’s Representations
- Independent Contractor Relationship
- Confidentiality
- Indemnification
- Term and Termination
- Governing Law
- Assignment
- Entire Agreement
- Severability
- Waiver
- Counterparts; Electronic Signatures
An influencer marketing agreement for influencers is a legal contract that outlines the terms of collaboration between an influencer (the talent) and a brand or agency for promotional activities. This agreement specifies the influencer's responsibilities, such as creating and sharing content on their social media platforms, the type and frequency of content to be produced, compensation details (including rates, payment schedules, and any performance bonuses), intellectual property rights concerning the content, and any specific guidelines or goals set by the brand. It also covers legal compliance, including disclosure requirements under advertising standards to ensure transparency about sponsored content.
Clauses included in this agreement:
- Content
- Fees and Billing
- Ownership of Content
- Talent’s Representations
- Independent Contractor Relationship
- Confidentiality
- Indemnification
- Term and Termination
- Governing Law
- Assignment
- Entire Agreement
- Severability
- Waiver
- Counterparts; Electronic Signatures
Benefits of Using ContractsCounsel Influencer Agreement Template
Purchasing an influencer agreement template from ContractsCounsel takes the stress out of drafting a contract. This agreement is:
- Downloadable. After purchasing it, you simply have to download it.
- Cost-Effective. You don’t have to spend a lot of money on purchasing the agreement you require for your business.
- Consistent. The template contains all the important terms and clauses you need, while being consistent across your business contracts.
- Customizable. You can change terms or details to suit your goals. If you require assistance, you can hire the lawyer from the ContractsCounsel platform who drafted the template.
What’s Included in an Influencer Agreement Template?
An influencer agreement template contains a range of terms and clauses to clearly define the scope of work, payment terms, and more. Let’s take a closer look at some of what’s included in the contract and why it’s important.
Services, Representations, and Warranties
These terms outline services the influencer will agree to provide and how the company agrees to handle the deliverables. It includes having clear content briefs and delivery schedules.
There are also clauses in the agreement that outline representations and warranties. The influencer must perform services to the company in a professional, timely manner, and the company will provide the influencer with all necessary materials for the work to be completed.
Why it’s important: Having these clauses enables all parties to understand what needs to be delivered, when, and according to what standards.
Term and Termination
The contract requires specific and clear termination clauses outlining how the agreement can end. For example, if written notice is required.
Why it’s important: It protects both parties from unfair termination, such as ending the contract without notice.
Exclusivity
The influencer needs to agree not to endorse, promote, or create content for any competing brands or services, for a specified duration.
Why it’s important: This protects the company’s brand and campaigns, while avoiding confusion over what activities are allowed.
Compliance
All the content produced under this agreement needs to comply with appropriate laws, regulations, and social media platform guidelines.
Why it’s important: It keeps the contract legally sound to avoid fees and penalties.
Compensation
The company agrees to play the influencer fees set in the contract. However, the influencer is responsible for federal, state, and/or local taxes.
Why it’s important: Transparent compensation clauses prevent financial disputes.
Intellectual Property and Confidentiality
The influencer will own all content rights and titles, such as intellectual property (IP) rights. However, it will grant the company a limited, worldwide licence to use and distribute the content. The agreement should state that the company owns all rights related to branding materials.
Both parties need to agree to keep specific information secret and not expose it to third parties.
Why it’s important: Outlining IP and confidentiality rules protects sensitive information and avoids improper content or brand asset usage.
Non-Disparagement and Indemnification
Both parties agree not to publish or make disparaging comments about each other. There should also be indemnification clauses that state how both parties hold the other harmless against damage, liability, and penalties.
Why it’s important: It prevents reputation harm. It also fairly and clearly assigns responsibility for any legal claims or damages.
Do you need an influencer agreement template?
Download an influencer contractor template from ContractsCounsel. It has been drafted by vetted, experienced lawyers who can also help you review the contract for peace of mind.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
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Meet some of our Influencer Agreement Template Lawyers
Benjamin E.
Benjamin is an attorney specializing in Business, Intellectual Property, Employment and Real Estate.
"Fast responses to all the questions and the price is reasonable. All the work was completed within the set time frame. I would recommend him to friends and family."
O.T. W.
Hi, my name is O.T. and I own The Walker Collective, a law firm that caters to the contractual, intellectual property, and business formation needs of creative entrepreneurs and small business owners. I am licensed to practice in Maryland and New York.
"O.T was very personable, knowledgable, and resourceful. Would definitely use her again!"
Anna C.
I am a business attorney focused on practical, efficient contract drafting, review, and negotiation for healthcare organizations and growth-stage and established businesses. My work includes commercial agreements such as NDAs, MSAs/SOWs, leases, vendor and services agreements, SaaS, and employment and severance agreements. I partner closely with clients to identify key legal and business risks, deliver clear, business-minded redlines with concise issue summaries, and keep transactions moving. Clients value my responsive turnaround, judgment, and ability to balance risk with commercial objectives.
"I strongly recommend Anna for B2B contract review and redlines!"
Sarah S.
With 20 years of transactional law experience, I have represented corporate giants like AT&T and T-Mobile, as well as mid-size and small businesses across a wide spectrum of legal needs, including business purchase agreements, entity formation, employment matters, commercial and residential real estate transactions, partnership agreements, online business terms and policy drafting, and business and corporate compliance. Recognizing the complexities of the legal landscape, I am dedicated to providing accessible and transparent legal services by offering a flat fee structure, making high-quality legal representation available to all. My extensive knowledge and commitment to client success establishes me as a trusted advisor for businesses of all sizes.
"Sarah was extremely helpful in making me contracts that I needed for wholesaling real estate. Also gave me all the licenses I needed for my business and answered all my questions on information I was unsure of in the business. Will definitely only be going to Sarah for any of my legal needs."
Laurie R.
Business-minded, analytical and detail-oriented attorney with broad experience in real estate and corporate law, with an emphasis on retail leasing, sales and acquisitions and real estate finance. Extensive experience in drafting complex commercial contracts, including purchase and sale contracts for businesses in a wide variety of industries. Also experienced in corporate formation and governance, mergers and acquisitions, employment and franchise law. Admitted to practice in Colorado since 2001, Bar No. 33427.
"Absolutely incredible experience working with Laurie! I certainly will work with her hopefully in the future, and would highly recommend working with her for commercial lease agreement review. Very detailed, and extremely quick and responsive!"
June 17, 2023
Nancy B.
I was born in Charlotte, NC and primarily raised in Dalton, GA. I graduated from Dalton High School in 1981 where I was in the band and the French club. I also participated in Junior Achievement and was a member of Tri-Hi-Y. New York granted my first license as an attorney in 1990. I then worked as a partner in the firm of Broda and Burnett for almost 10 years and as a solo practitioner for about 2 years. I worked as a general practitioner (primarily doing divorces, child abuse cases, custody matters and other family law matters, bankruptcy, real estate closings, contracts, taxes, etc.) and as a Law Guardian (attorney who represents children). I obtained my license in Tennessee in December 2002 and began working as an associate at Blackburn & McCune from February of 2003 until May of 2005. At Blackburn & McCune I provided telephone legal counsel to Prepaid Legal Services (now known as Legal Shield) members, wrote letters for members, reviewed contracts, attended hearings on traffic ticket matters and represented members with regard to IRS matters. In May of 2005, I went to work for North American Satellite Corporation where I served as Corporate Counsel. I handled a number of taxation issues, reviewed and wrote contracts, counseled the CEO and Board of Directors on avoiding legal problems and resolving disputes, and represented employees on a variety of matters, and also assisted the company for a period of time as its Director of Accounting. In 2010, I volunteered as a law clerk for Judge Robert Adams in Dalton, Georgia until I obtained my license to practice law in Georgia in November, 2010. In Georgia, I have handled a variety of family law matters, drafted wills, advanced health care directives, power of attorney documents, reviewed and drafted contracts, and conducted real estate closings. Currently, I accept cases in the areas of adoption, child support, custody, divorce, legitimation and other family law matters. In addition, I handle name change petitions and draft wills.
June 20, 2023
David M.
Michigan and USPTO licensed attorney with over 20 years of experience on counseling clients in the fields of intellectual property, transactional law, technology involvement, negotiations, and business litigation.
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ContractsCounsel User
Entertainment Management Contract
Location: Pennsylvania
Turnaround: Less than a week
Service: Contract Review
Doc Type: Influencer Agreement
Page Count: 8
Number of Bids: 6
Bid Range: $350 - $999
ContractsCounsel User