Learn essential tips and tricks to protect your interests when entering into influencer contracts with brands. Are you an influencer or content creator? Have you ever had a brand present a contract to you? Have you read the influencer contract? Do you understand what the contract says? If you’ve answered ‘yes’ to the first three questions and ‘no’ to the last one, don’t worry. We have you covered.
In the age of social media, having a significant online presence (some examples) can create substantial exposure for brands and generate excellent opportunities to boost overall sales. Influencers and content creators play a massive role in making this exposure and opportunities. With these opportunities, we also find that content creators need to navigate this complex web of contracts between themselves and brands. This article highlights a few key tips and strategies that influencers can utilise when entering into influencer contracts.
Components of Influencer Contracts
When reviewing an influencer contract, look out for some essential aspects.
- A detailed scope of work.
- The payment terms.
- Who owns the deliverables?
- Metrics requirements.
- Termination rights.
Including the right details in your scope of work
One of the things influencers need to look out for is what is in the scope of work. You want your scope of work to include enough detail to create certainty. You want to include all the relevant details relating to the services you provide to the brand. Remember that you know your services better than the brand. Brands would also include other specific requirements in the scope of work, such as branding guidelines and requirements.
Payment terms in influencer contracts
This is by far the biggest complaint freelancers, influencers and content creators have when working with brands. The payment terms should typically include:
- when brands pay you;
- how brands pay; and
- what to do when brands don’t pay you on time.
Most contracts will define a time period for payment either over 30 days or a longer period. If you can, you should try and request deposits from brands. The deposit will cover your costs and provide you with some relief between your delivery of the services and receiving your payment.
What becomes tricky is what happens when brands don’t pay you on time. You need to think about including a process to deal with this issue when it comes up.
Ownership of deliverables
This goes hand in hand with having a detailed scope of work. You need to keep an eye out for clauses in the contract that either assign your intellectual property over to the brand or restricts you from using any intellectual property in any way. This won’t always be the case. Brands might ask you to create bespoke deliverables which you may never use again. In that case, the brand would want to own the deliverable.
Metrics in influencer contracts
We often hear about metrics in content creator and influencer contracts. Influencers must agree on what these metrics look like upfront. These metrics could be specific targets for social media posts or video views. You need to ensure that you are able to measure these metrics correctly and that you meet these expectations.
Termination rights
Ending a relationship is never easy, but we need to know how to deal with it. Brands typically include termination clauses biased in their favour. This either includes termination on short notice or immediate termination clauses. You will also find set circumstances that brands will use to terminate contracts with you. These circumstances might include termination for:
- not performing in terms of the contract;
- bringing the brand into disrepute;
- breach of any other clause in the contract.
You always want to include a notice of breach clause before any termination takes effect.
What’s next?
Brands won’t always be willing to negotiate with you. If you ever find yourself working with brands that are willing to hear you out, consider including a few clauses in the influencer contract that will enhance your contracting position.
