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If you plan to hire an influencer to promote the business, you may need a brand ambassador contract. A good brand ambassador agreement, or influencer agreement, keeps the brand and ambassador away from worries and any problems that may arise in the future.
This post covers all the important details.
What is a Brand Ambassador Contract?
The brand ambassador contract is legally binding between the brand and the person intended to represent the brand.
It is easy for the brand to outline its expectations with the ambassador. It also streamlines the protocol for the ambassador to follow. A brand ambassador contract usually entails:
- The ambassador and the brand
- The tenure or timeline for which ambassador represents the brand
- The tone and language used in the promotion of the brand
- The conduct that is discouraged when representing the brand
- Legal rights, responsibilities, copyrights, and non-disclosures
- The Terms of payment, other standard terms, number of sponsored posts
- The cancellation agreement
Why Do You Need a Brand Ambassador Contact?
For businesses to grow and flourish, marketing plays an important role. Recently brands and companies are focusing more on their brand development, awareness, and authority by deploying various marketing tactics.
In these instances, influencers and brand ambassadors are hired for a particular period until the marketing milestones are achieved.
Consequently, to protect the interest of the brand and company, they require a legally binding contract. A brand ambassador contract is a great way to put everything in writing, detailing all the nitty-gritty details.
There are tons of templates available on the internet, but they are not customed to your brand or, in the case of an ambassador, for the nature of the job. Hence, hiring a lawyer who understands your work or brand is crucial and can outline a contract accordingly.
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Who Uses a Brand Ambassador Contract?
The brand mainly uses the contract, and the ambassador intended to promote the brand. Both parties prefer to keep things legally binding, written down, and signed to keep things streamlined and within the bounds of legality.
It is usually used by:
- Influencers
- Actors
- Models
- Employees of the brand
Here is an article about what a contract is.
What Should Be Included in a Brand Ambassador Contract?
Every contract differs in nature depending on the company and what they require from the ambassador. However, all contracts have a similar outline with some specifications dictated by the brand or ambassador.
For a comprehensive and fool-proof contract, it should include the following details.
- Term: In this section, the brand and the ambassador agree on a timeline they will work together; it is vital to write down the exact date; for example, from the 24th of June 2022 to the 24th of June 2023. Ambassador can request the brand to mention a precise date if there are any vague references. If any term is breached or violated, the company and ambassador can also add a clause to end the contract.
- Services and Compensation: This section outlines the work and scope for the ease of the brand ambassador and the brand to give the sense of work that needs to be done. Similarly, the compensation for the services is also discussed to make this clear between the brand and the influencer or ambassador. The compensation can be a one-time payment or milestones per task or job.
- Termination: In this section, both parties discuss if they can at some point terminate the contract. There may be some cases where the ambassador can harm the brand's integrity or the brand failing to comply with the requirements of the ambassador in the process.
- Rights for Publicity: In rights for publicity, both parties agree in using the content produced by the ambassador to use for publicity at the discretion of the brand.
- Confidentiality: The brand and ambassador need to work with trust. Hence under this section, they agree on keeping all information exchanged during the contract and after the termination of service private.
- Miscellaneous: In this section, the contract includes all other legalities exclusive to the brand. It may consist of obligations, representation, and indemnity of the company/ambassador, warranties, and other clauses relevant to the company and brand.
Image via Pexels by Los Muertos Crew
How Are Brand Ambassadors Paid?
The brand ambassador is paid after the services are rendered. These terms are also mentioned with the timeline of how soon the ambassador will get paid after the services.
All milestones and projects are outlined for convenience for both parties. In this way, if the marketing was not successful for the brand, the ambassador will get paid for the service regardless.
How Long Does a Brand Ambassador Contract Last?
The contract can last as low as one week and for five years. However, most brands prefer to hire an ambassador for six months or a year. These terms can be changed upon the agreement of both parties.
After the services are rendered, they may continue to renew the contract or hire another ambassador for the services. Having a smaller contract gives the brand to liberty to try new things, shuffle and work with new talent.
Similarly, a contract often binds them from working with competitor brands for ambassadors. Later, ambassadors can work with other brands and explore their options.
Benefits of a Brand Ambassador Contract
First, it is best for both parties to streamline the whole process with the timeline.
The brand and ambassador can highlight the responsibilities of each. For example, if the brand ambassador has to travel for brand promotion, who will bear the costs, and other promotion-related expenses should be discussed.
It is possible that the marketing and publicity did not bring a return on investments. In that case, the contract safeguards the interests of the ambassador.
The contract binds the ambassador to keep all confidential information to themselves while working for the brand. It works well for the interest of the brand.
Shortcomings of a Brand Ambassador Contract
Since all the duties and responsibilities are outlined, the ambassador must abide by and attempt all duties. Failing to complete all responsibilities may result in penalties.
In some cases, brands need to change some strategies and plans during terms. Any changes or additions may result in an additional fee. In addition, the brand ambassador can charge an additional fee for the basic outline or plan changes.
Brand ambassadors have to partake in the marketing and promotion of the brand –even though the brand ambassador cannot relate with the brand.
Who Writes a Brand Ambassador Contract?
The lawyers design these contracts. An expert lawyer will ensure that all aspects of the terms and conditions are covered. It safeguards the interests of both the brand ambassador and the object, delegating the responsibilities.
Here is an article about legal contract cost.
Get Help with a Brand Ambassador Contract
The contract is of utmost importance for the company and brand ambassador. The contract helps in making all things transparent. Therefore, the contracts need to be compact and cover all aspects. Any loopholes may result in conflicts.
It is best to reach the lawyers who specialize in creating the contract depending on the nature of the business – since they will be able to cover all the basis and grounds of the business.
Post a project in ContractsCounsel’s marketplace to get flat fee quotes from lawyers to help with your legal project. All lawyers in our network are vetted by our team and peer-reviewed by our customers for you to explore before hiring.
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Meet some of our Brand Ambassador Contract Lawyers
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Greg Fidlon has been practicing exclusively in employment law since 1998. He represents and advises clients in all aspects of the employment relationship. In addition to his litigation work, Greg regularly negotiates and drafts corporate policy handbooks, employment contracts, separation agreements and restrictive covenants. He also develops and presents training programs and has spoken and written extensively on labor and employment law topics.
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Advised startups and established corporations on a wide range of commercial and corporate matters, including VC funding, technology law, and M&A. Commercial and Corporate Matters • Advised companies on commercial and corporate matters and drafted corporate documents and commercial agreements—including but not limited to —Convertible Note, SAFE, Promissory Note, Terms and Conditions, SaaS Agreement, Employment Agreement, Contractor Agreement, Joint Venture Agreement, Stock Purchase Agreement, Asset Purchase Agreement, Shareholders Agreement, Partnership Agreement, Franchise Agreement, License Agreement, and Financing Agreement. • Drafted and revised internal regulations of joint venture companies (board of directors, employment, office organization, discretional duty, internal control, accounting, fund management, etc.) • Advised JVs on corporate structuring and other legal matters • Advised startups on VC funding Employment Matters • Drafted a wide range of employment agreements, including dental associate agreements, physician employment agreements, startup employment agreements, and executive employment agreements. • Advised clients on complex employment law matters and drafted employment agreements, dispute settlement agreements, and severance agreements. General Counsel • As outside general counsel, I advised startups on ICOs, securities law, business licenses, regulatory compliance, and other commercial and corporate matters. • Drafted or analyzed coin or token sale agreements for global ICOs. • Assisted clients with corporate formations, including filing incorporation documents and foreign corporation registrations, drafting operating and partnership agreements, and creating articles of incorporation and bylaws. Dispute Resolution • Conducted legal research, and document review, and drafted pleadings, motions, and other trial documents. • Advised the client on strategic approaches to discovery proceedings and settlement negotiation. • Advised clients on employment dispute settlements.
Bobby H.
Bobby E. Hill, Jr. is a native of Tuscaloosa, Alabama and holds undergraduate degrees in music and business administration from Xavier University of Louisiana. He received his Juris Doctor from the University of Miami School of Law where he was a staff and articles editor for the school’s Race & Social Justice Law Review and a student attorney in the institution’s Immigration Clinic. In addition to freelancing, Bobby is currently a litigation associate at Johnson & Freeman, LLC, a boutique litigation firm in Atlanta, Georgia, where he practices in the firm's Condemnation, Probate, Real Estate Litigation, Real Estate Transactions, E-Discovery and Business and General Civil Litigation Practice areas. In this role, Bobby has acquired appreciable experience in drafting memoranda of law for partners and senior counsel, and all litigation related pleadings including pleadings related to dispositive motions, discovery, appeals, and other post-judgment relief.
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I help clients with: buying and selling commercial properties including multi-family and office projects, subdivisions, retail shopping centers; and negotiating leases for retail and office landlords, retail tenants and office tenants. Over 23 years I've honed my skills by running deals at an Amlaw-100 firm, an elite real estate boutique in Aspen, Colorado and a few highly regarded national firms based in Denver, Colorado, before starting my own solo practice in 2016. Since 2016 I've been helping my clients with real estate and business deals. I'm a commercial real estate and business expert with a passion for helping clients forge successful ventures in an efficient and understandable manner.
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