Brand Contracts: What Every Influencer Should Know

Brand Contracts: What Every Influencer Should Know | Contracts for Creatives | Ashlee Hightower | Attorney for Creatives

Photo by xxiiiphoto

In a recent blog post, we discussed the 3 reasons every influencer should invest in a blogger contract.  It’s always important to have your own contract on hand.  With that said, ideally, you’d like to grow your business and start to work with bigger and better brands.  The bigger the brand, the more likely it is they will have their own brand contract for you to sign.

Brand Contracts: What Every Influencer Should Know

Larger brands have form contracts that they require all of the influencers they partner with to sign as a way to keep things uniform across the board.  It’s important to keep in mind that a contract should be fair to both parties.  Both parties to the agreement should feel like they are receiving true value out of the relationship and collaboration.

With that said, the most important thing influencers should know when receiving a brand contract: it’s a starting place for negotiation!

It’s exciting when a brand wants to partner with you on a paid collaboration, I get it.  You don’t want to offend the brand or come across as difficult to work with, which I completely understand.  However, most brands EXPECT you to negotiate the terms of the contract.  Influencers should always keep in mind that brand contracts are written in favor of the brand … if they aren’t, I’d suggest the brand hire a new attorney.

Influencers should review brand contracts thoroughly and raise any questions and concerns with the brand contact.

A Few Negotiating Points to Keep In Mind

Compensation //

Influencers should always review the compensation terms in a brand contract.  When will you be receiving payment?  By what means will you be receiving payment?  It’s always important to keep in mind all of the work that you, as the influencer, will be doing for the brand when considering what your compensation should be for specific collaborations.  Influencers should not only consider the actual work that goes into creating the content for the collaboration, but also the value and reach of their influence and the engagement of their audience.

Rights to Content //

Always, always, always pay very close attention to who owns what rights to your content.  Always try to eliminate the inclusion of “in perpetuity” in your contract.  Check out this blog post for more information on this topic.  If a brand is requesting additional rights to your content, you should always request additional compensation.

Deliverables //

Influencers should pay close attention to the required deliverables listed in a brand contract.  Additionally, if the deliverables are not addressed in the brand contract, influencers should request that they be added.  It’s important that all aspects of a brand collaboration are listed in the brand contract so that all parties involved are on the same page.

If you’re an influencer and need help navigating through and reviewing a brand contract, shoot me an email or hop over here to check out my contract review service offerings!




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