Influencer and sponsorship deals: what the contract should cover

Brand deals often start in direct messages and end in arguments over payment, reuse of content and exclusivity. A written contract settles those points first.

The work

List each post, video or story, the platform, the posting dates and how long the content must stay up.

Approval

Say whether the brand approves content before it goes live, how many rounds of changes are included and how fast each side must respond.

Payment

State the fee, when it is due and what happens if the brand pays late. Cover product gifts, commission and expenses.

Who owns the content

Creators normally keep ownership and give the brand a licence. Set out where the brand can use the content, for how long, and whether it can run paid ads from the creator's account.

Exclusivity

A ban on working with competitors should name the product category and have an end date.

Disclosure

The Federal Trade Commission requires clear disclosure of paid or gifted relationships, in the post itself and easy to see. Both the brand and the creator can be held responsible.

Ending the deal

Include the grounds for ending it early, what is owed if that happens, and how a conduct clause works for both sides.

This article is general information about the law. It is not legal advice and reading it does not make you a client of the firm. Laws change, so speak to a lawyer about your own situation.