Today’s post is a bit of a brain dump brought on by my Instagram LIVE session this week with Kate Jones from Kate Waldo + Co. But one that I hope is helpful!
Kate works exclusively with influencers, and influencers make up a portion of my client base as well. On our Instagram LIVE session, a few great questions were brought up that I actually have entire blog posts dedicated to. So I want to make sure you, as an influencer, are aware of those posts, so you can utilize the information when working through your own collaboration contracts with brands.
Influencer Contracts – What You Need to Know
Along with our Instagram LIVE this week, I reviewed a couple of influencer/brand collaboration contracts this week that were terribly written (by brands). I want you, as an influencer, to be confident in reading through a brand contract and know what to ask for clarification on and when to ask for revisions to the contract. Or at least know that you can always reach out to me or another attorney to take a look prior to signing.
I’m sharing a few previously written blog posts that specifically pertain to influencers as a refresher below.
This blog post gives a quick and dirty overview of what influencers should keep in mind when a brand sends its own contract over for review for a collaboration. If you only take away one piece of information from this post, take this – the most important thing influencers should know when receiving a brand contract: it’s a starting place for negotiation!
A lot of times influencers expect brands to have everything included in a contract and rightfully so, we expect brands to be on top of their game. Let me tell you from first hand experience that I’ve reviewed a lot of BAD brand contracts (terribly written, non-inclusive of important dates, no indication of deliverables etc.).
Don’t expect brands to have it all together. Influencers should review brand contracts thoroughly and raise any questions and concerns with the brand contact.
When reviewing a brand contract, as an influencer, you should always be keeping an eye out for a few specific items: compensation, rights to content, and deliverables. Check out this post on negotiating to understand why it’s important that these three topics are fleshed out in a collaboration contract.
One phrase that is often overlooked in influencer/brand collaboration contracts is “in perpetuity” – This is a phrase I always caution my influencer clients to look out for in any brand contract. As this blog post explains in great detail, “in perpetuity” essentially means FOREVER. And the phrase is usually used by brands in reference to how long they have the rights to publish and use your photos and content you create. Check out this post for a more in depth read on the topic!
My Number One Tip to Influencers
I was asked on the Instagram LIVE what my number one tip to influencers related to contracts would be. Hands down, know that contract terms are up for negotiation. Don’t be afraid to ask questions about anything you don’t understand in a contract or anything you don’t see in a contract that you think should be included. Don’t simply sign the dotted line just because you want to work with said brand.
Please note, this article should not be considered legal advice. The information included is for educational purposes only. Each individual situation is unique and may need to be reviewed by an attorney.