A well-written contract safeguards both marketers and creators alike. It guarantees that everyone is aware of their responsibilities, and stops any conflicts from arising.
Where do you start, though? You’re a marketer, not a contracts lawyer. Adding a contract to the joining process can make it more difficult and result in additional paperwork for you.
We have had collaborations with numerous influencers, moreover, many brands have enlisted these influencers as well. I’ll walk you through the discoveries we’ve made regarding influencer agreements and demonstrate how to quickly and simply create these contracts (for both parties) when they are needed.
We have added 8 adaptable agreement models, with suggested resources to utilize for getting digital signatures. Let’s start!
Is an influencer marketing contract strictly necessary?
Using a written contract is recommended, yet not absolutely required in all circumstances. Clearly, creating a contract takes a bit more time and effort to initiate.
You should always have a clear written agreement though. Despite not being a legally binding document, a written log stored through email may suffice for less complicated situations.
For example, if you are remitting for one post (or a sequence of posts) or offering a complimentary product in return for advertisement, you might opt to use a succinct emailed contract. In order to expedite the process and take the first steps without being held back by bureaucracy, you should do it that way.
For protracted and multifaceted associations (like those with remuneration dependent on performance), a contract should be utilized.
What happens when you don’t have a contract?
Without a contract, you increase the risk of things like:
- Influencers simply not posting, or not following guidelines correctly
- Confusion about payment amounts & terms
- Extra back-and-forth later regarding permissions & rights
You don’t have the opportunity to include advantageous stipulations, such as only working with you, stopping influencers from advertising to your audience for your opponents.
This leaves the potential for dissent or misunderstandings at a later date.
What should be included in an influencer contract?
Here is a list of elements that should be included in any influencer marketing contract.
The content that should be produced
What should the influencer be responsible for when it comes to making content? That might cover:
- The type of content (e.g. Post, Story, Reel)
- The formats (image/video)
- Volume & frequency of posts
You can also provide details about the brand that should be used for creating content such as specific design specifications, words or phrases to be used, hashtags, and further requirements. Outline any procedures for obtaining approval prior to publishing partner content.
Goals & KPIs
Define precisely what a triumphant initiative entails and which criteria you are evaluating.
It could be potential customers, revenues, downloads, involvement, impact, or any other performance indicator related to engagement marketing, relying on your objectives.
Include the minimum number of influencers that needs to be connected to as well.
It is important to be sure to specify that you require access to any influencer’s analytics information to be able to analyze results if you want it. This can come in various forms. You could inquire about being provided administrative authorization to either Google Analytics or social media accounts, or maybe just get screenshots of the reports. Whatever the process, write it down in advance.
Explain what form of payment is expected in this situation. To prevent any misunderstandings, make sure to include:
- The amount if monetary, and/or the value of any non-monetary compensation
- The timing & frequency – when will the influencer be paid? Weekly? Monthly?
- The currency – make sure everyone is on the same page. Pounds? Dollars? Euros?
- The payment method – agree how payments will be made (e.g. bank transfer, PayPal)
Ownership & licensing
Consider any possible problems regarding intellectual property and the rights to use the content.
Who owns the content produced? The influencer might possess the content, but they could give permission for it to be employed by you (or the other way around). There may be some limitations in place as well, meaning that you have to make extra payments if you want to reuse influencer content for things such as website social proof or other promotional activities.
Other legal terms
If you desire to ensure influencers will not do business with your rivals, make sure to formally document your request here. Specify the terms & duration of the exclusivity.
Duration of contract
State how long this contract will last. Note that some terms may be different from others. For instance, agreeing to collaborate with an influencer can consist of a prearranged time length, but then you should further state the term of the usage rights or permissions in particular. Or how long exclusivity lasts, as above.
Non-disclosure agreement (NDA)
This can be a major sticking point. You should be open with the fact that this is a business relationship, but you may not wish to air certain particulars. For example, some companies would prefer to keep the amount they pay influencers confidential, and the influencers are the same. You should make sure that they do not divulge any proprietary information or private data that they acquire. Make certain to incorporate every one of these points in your agreement with the influencer.
Obviously, people will be aware of your business partnership. Despite this, there may be items you would prefer the influencer does not reveal. For example, the effectiveness of the campaign, the remuneration, and any data not meant for public consumption.
Include a statement specifying that the influencer must abide by Federal Trade Commission standards for ad disclosure. For example, including hashtags like #ad or #sponsored.
Provide examples of circumstances in which either the influencer or the company would potentially have grounds to end their contract. This provides an exit route for both parties if the alliance is not successful. Some examples could be, not furnishing the service that was enumerated in the agreement, or violating any other stipulations of the agreement. It would be possible to end the agreement with adequate advance notification, even without a specific reason.
This is a clause included in the contract to cover unforeseen events that interfere with either party’s ability to meet the terms of the agreement. Examples of common occurrences could include a calamity, armed conflict, or an epidemic.
A noteworthy instance of this is the restriction of contact among people due to COVID-19 which has prevented a lot of mingling and gatherings. Many Force Majeure declarations in regards to transportation and goods were issued, which all stem from the same source. Alternative causes of action could be a natural catastrophe or initiation of hostilities.
What Sections Should You Include in Your Influencer Contract?
Generally, it would be desirable for an influencer contract to be a single-page document, however this is usually not realistic. It’s essential that the contract outlines every detail of your association, from what type of material is being produced and your privileges to it, to what will occur if an issue arises. In addition, you must guarantee that the influencer follows all legal rules which regard influencer marketing and promotion generally. Otherwise, there could be consequences for everyone involved. Therefore, an influencer contract should include the following:
A detailed scope of work.
Determining the extent of the job and deciding its goal should be your primary focus. This contract is being formed with the intention of creating content or engaging in some other type of partnership. Determine if you plan to promote this on your own channels and websites in addition to the ones controlled by the influencer.
Aesthetic and branding guidelines
The need for branding might vary depending on the goals you have in mind. For example, most of us keep to certain colors when advertising our products. It may be necessary to make certain that certain logo designs are used, depending on the purpose that the influencer’s post is meant to serve. You could also indicate that you would like your business logo to be included somewhere. The details of these specifications should be gone over in length and outlined in detail. It is typically best to give influencers a lot of leeway with regards to creativity while still guarding the integrity of your organization.
What content will the influencer be publishing and where? How many times?
In this part, you will determine what type of content is to be produced, as well as any contracted characteristics. The section should be exact and precise; just mentioning payment for a YouTube video isn’t sufficient. Indicate if you would like the person to conduct a giveaway, a how-to, or some other activity that was previously agreed upon. The same should hold for any other content format.
Specify the places to which the content should be distributed and the frequency of posts. This is likely to be a single upload to their YouTube page for this video illustration. You might additionally save the privilege to re-publish the material on your website or somewhere else that is authorized. A same Instagram post may be made multiple times during a given timeframe. Posting more often can include multiple pieces of content; if that is the case, make sure to be specific.
When will all of this need to be done by? Any other timeline and milestone details?
Like all projects, your collaboration should have a deadline. The number of deadlines or milestones associated with this collaboration will depend on what type of collaboration it is. You might ask for a new photograph every week for four consecutive weeks via Instagram. A YouTube tutorial might have to be finalized by a particular date and any necessary revisions should be handled within a few weeks afterwards. You need to include the details of whatever boundaries or limitations are present in the influencer agreement.
Any other specifics relevant to the influencer campaign that the influencer needs to know?
To ensure that nothing is left untended, include it in the influencer agreement. For example, you might require particular hashtags utilized in the subtitle or content. Including particular @user tags is quite standard; it could be the social media account connected to your business, or a leader of your team. Be sure to include precise stipulations to guarantee adherence.
List of things you don’t want the influencer to talk about or include in content
Your influencer contract should outline what you expect them to not do, along with any other demands. As an example, based on the objectives of the campaign, it may be desirable for the influencer to not mention any rival brands or items. On the contrary, in the event that you desire to assess your product versus its competitors, the scenario might be different.
It is worth mentioning whether or not there is a chance for images that are not part of the brand. One way that fashion images can seem unappealing to a brand is if they are deemed too cheap or tawdry. The type of product you have and the reputation of your brand can help decide what is suitable.
Will content require pre-approval by brand before publishing?
Under certain conditions, it could be beneficial for you to sign off on the material prior to it being made public. It is conceivable that there are a variety of rationales for this, including apprehensive branding matters or an ongoing recollection of customers responding inadequately to influencer material. Be sure to include this in the influencer agreement if you decide to take this course of action. It is important to make sure the authorization process is apparent so that there can be no misunderstanding.
Links to Social Media Influencer contract Forms & Templates
Take a look at this Jotform example for a hassle-free contract that can be filled out online without charge. Remember that only the most basic necessities are included.
Influencer Marketing Hub offers a Word document download for free. This example is relatively comprehensive.
Want all the typing done for you? Check out this template from Wonder Legal. It is sent to your email after completion.
Here’s another fillable PDF influencer contract from Hello Bonsai. It’s free to use, and very comprehensive.
Hire Influence has created a free PDF agreement for people to use. It is simple, yet to the point.
Another option comes from Approve Me. This is a paid service that gives legal templates, however you can get your initial agreement at no charge.
This basic agreement given out by a PR Agency requires the influencer to stick with the law, and gives the agency the option to withdraw in case of failure to follow directions.
Finally, if you are a member of Kindle Unlimited, you can get a sample book from my friend NG Gordon through Amazon. Having an influencer contract might not appear to be a beneficial idea. In spite of that, it is advised for various practical and lawful grounds that you should use one. Even if the agreement you have is a standard one given by an influencer platform, it will provide protection for both you and the influencer. If you are uncertain or unsure, it is wise to get advice from a lawyer.
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