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
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
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
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.
Need help with an Influencer Agreement Template?
Meet some of our Influencer Agreement Template Lawyers
Kendall C.
Kendall is a data privacy attorney by trade, and is an active member of the Bar in Texas and Georgia. In litigation, he handled thousands of cases to final disposition in litigation throughout the United States, Latin America, & Europe. As corporate counsel, he guides companies through the marketing and advertising industry and, by extension, many other industries. Further, Kendall is an adherent to the Ben Hogan school of swing thought and, by natural extension, is a proponent of accurate wedge play through residential neighborhoods. He occasionally aspires to a career in turf management.
"Kendall was a joy to work with. He was very knowledgeable on a number of related matters and was able to guide me to an appropriate core master services agreement for my new company."
Alton H.
I am a U.S.-licensed attorney with more than a decade of experience in complex litigation and intellectual property matters. I have practiced at leading Am Law firms including Pillsbury Winthrop Shaw Pittman, Arent Fox, and Sughrue Mion, and I currently operate my own law practice. I have extensive experience handling high-stakes patent litigation, drafting pleadings and briefs, managing large-scale discovery, preparing and defending depositions, and appearing before federal courts and administrative bodies such as the PTAB and ITC. I hold a J.D., cum laude, from The George Washington University Law School and advanced technical degrees in chemistry and chemical engineering, which allow me to efficiently handle technically complex matters. I am admitted in multiple jurisdictions, including New York, Virginia, New Jersey, and the District of Columbia, and I regularly provide high-quality remote legal support to clients nationwide.
"Alton completed my work in a reasonable time and was flexible in terms of budget."
Gregory F.
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.
"The proposal price was very reasonable, and the lawyer promptly scheduled a consultation, and provided sound legal advice."
Daniel D.
Attorney with 14 years experience in transactions, civil litigation and criminal law
"Great Job. Daniel is very responsive and he understood what I needed done."
Odini G.
I am an accomplished attorney with more than 19 years of experience and extensive expertise in business negotiations, commercial contracts, and technology transactions. With a proven track record of providing strategic legal advice and delivering exceptional results, I have successfully assisted numerous clients in drafting, reviewing, and negotiating various business arrangements. My experience encompasses a wide range of areas, including intellectual property, data privacy and security, SaaS agreements, and software licenses. I co-founded a reputable general corporate law firm with three offices in Aspen, Atlanta, and New York. As a partner and attorney, I represented diverse clients, including start-ups, public corporations, investors, financial institutions, educational institutions, and non-profit entities. With a focus on delivering comprehensive legal solutions, I provided general counsel, expert dispute resolution, efficient litigation management, and skillful contract drafting and negotiations for businesses across industries.
"Odini did an amazing job and the turnaround time was very fast."
Ana C.
Fractional General Counsel for growing companies, mainly in the financial sector, including companies operating in Mexico or Latin America. My niche includes companies who need day to day legal services, but are not ready to hire an in-house lawyer, and companies whose in-house legal team needs additional support. I am admitted to practice law in the District of Columbia and Mexico. With a bicultural legal education and background, and an extensive network of contacts in both jurisdictions, I’m able to provide efficient and high-quality services to my clients. With more than 18 years of legal experience, I have: - Led the Legal Department of a financial institution held by a public company - Led the Legal Department of a family office holding investments in diverse sectors - Participated on several M&A transactions - Participated on an IPO process - Participated in the purchase of a banking institution in the U.S. by a foreign group of investors - Worked at law firms with international presence Legal experience mainly in Corporate Governance, Securities Regulations, M&A, Corporate Development, Contracts, Corporate Law, Compensation, Policy Development, Investor Relations, among others. Non-for-profit Board and pro-bono experience.
August 19, 2024
Michael L.
Solo practitioner, licensed in New York State 27+ years. Areas of practice: Small Business Law, Commercial Contracts, Commercial Litigation, Employment Law & Litigation, Estate Planning, Business Succession Planning.
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Influencer collaboration legal review (ex. contract, process)
Location: Wyoming
Turnaround: A week
Service: Drafting
Doc Type: Influencer Agreement
Number of Bids: 9
Bid Range: $450 - $1,350
ContractsCounsel User