Influencer marketing has become a powerful tool for brands looking to reach new audiences. To ensure that both the brand and the influencer are protected, it’s essential to have a written agreement in place. That’s what an influencer contract is for!
In this short article, we’ll go over the main components of a partnership agreement with influencers, and give you a free and easy influencer contract template for you and your business!
When hiring an influencer to sponsor your brand, you are basically hiring a contractor. An influencer contract is simply a legal agreement between a brand and an influencer that outlines the terms of their partnership.
The contract specifies the responsibilities and expectations of each party and defines all the details related – among other – to economic conditions, payments and confidentiality.
The purpose of an influencer contract is to protect the interests of both the influencer and the brand, and to ensure that everyone is on the same page regarding their partnership.
In general, signing a formal contract is a good idea for partnerships of any kind. Things can go wrong and a contract can help protect the interests of both parties.
While some might view influencer marketing as an informal process, it’s important to recognize that the role of influencers has evolved into a professional one, governed by specific guidelines like the FTC Influencers Guidelines.
So – whether you’re the business hiring or the influencer – an influencer contract will help you clearly define the extent of your partnership, how long will it last, what is expected from both parties, and give clear details about compensation.
Luckily, our influencer contract template can help you with that!
There are a few key elements an influencer contract should include, in general:
Let’s take a look at the most important clauses in more detail.
What it is: The names, addresses, and contact details of both the influencer and the brand.
Why it’s important: Clear identification helps establish the legal entities entering into the agreement. This sets the stage for a formal, binding contract and ensures that there’s no confusion about who the contract applies to.
What it is: Detailed description of the responsibilities of the influencer and the brand.
Why it’s important: The “Description of Services” section outlines what the influencer is expected to deliver and what the brand will provide in return. This may include the number of posts, types of content (video, blog, social media updates), engagement expectations, and any specific messaging or themes.
What it is: Information about how the influencer will be compensated.
Why it’s important: This section is crucial for transparency. It specifies how much the influencer will be paid, the payment schedule, invoicing procedures, and payment methods (e.g., wire transfer, PayPal). Clarity here can prevent misunderstandings and disputes later on.
What it is: The duration of the agreement and conditions for early termination.
Why it’s important: Both parties should understand the conditions under which the contract can be terminated. This section outlines the notice period required for termination and may specify any penalties or conditions for early termination.
What it is: Provisions to protect sensitive and confidential information shared between the parties.
Why it’s important: Both the influencer and the brand will likely share confidential information during their collaboration. This clause ensures that neither party can disclose or misuse this information for other purposes.
What it is: Outline of who owns what in terms of content and other intellectual property.
Why it’s important: This clarifies who owns the content created (usually the brand, but not always) and what permissions each party has regarding its use and distribution. Licensing issues should be made clear here to avoid legal complications.
What it is: Clauses that specify the responsibilities of each party should things go wrong.
Why it’s important: This helps protect both the brand and the influencer from potential financial or legal repercussions. For example, if the influencer says something false about the product they are promoting, who is liable? This section provides clarity.
What it is: Specifies which laws will govern the contract and where legal disputes will be resolved.
Why it’s important: In case of a legal dispute, it’s important to know upfront which jurisdiction’s laws will apply and where any legal proceedings will take place. This can significantly affect the nature and outcome of legal disputes.
These are the basic components, but the contract can also include additional elements depending on the specifics of the collaboration.
Before signing an influencer agreement, it’s better to do some thorough research on the influencers you’ve picked to promote your brand. In particular, you may want to check the influencer engagement rate, that is the level of interaction and involvement that the audience has with the influencer’s content.
Sadly, there have been some cases when companies partnered with influencers with a huge audience on social media but saw little to no result, because they later found out that most of those followers were fake accounts.
There are many tools that can help you here. One of these is HypeAuditor, which offers a free Instagram Engagement Rate Calculator.
Let’s see how these elements come together in an influencer contract template:
[Brand Name], with its principal place of business located at [insert address] (hereinafter referred to as “Brand”), and
[Influencer Name], with a mailing address of [insert address] (hereinafter referred to as “Influencer”).
AGREE AS FOLLOWS:
It’s important to remember that contracts can be complex, so it’s always best to seek legal advice when drafting yours! So, use this template as a starting point but consider hiring a legal expert to handle this matter at best.
Did you know that the US Federal Trade Commission issued specific guidelines?
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