The Influencer Agreement - what should it include?

As creators from across the world are skyrocketing to fame, social media is no longer a technological add-on, but a livelihood. Through reels, posts, and stories, influencers engage large audiences and spark conversations daily. It isn't just pop culture, it is culture, and it soars across national borders freely.

To leverage the world wide reach of popular users, influencer marketing has become a standard in most advertising portfolios. This post details the essential aspects influencers should ensure their promotional agreements contain before they sign any contract, with any brand, for any compensation, be it exposure, money, or products.

The first step to any agreement is for the individual entering into an advertising situation to review the product for themselves.

• Is it something that will uphold the brand they have created for themselves?

• Is it a product or service they would be proud to use?

  • Remember, in this sphere of marketing, there is nothing more important than honesty to the audience.

• Does the product or service comply with laws in your local state and country?

If everything checks out, then move forward into contractual considerations. This contract will be legally binding on both sides and beneficial to both parties. This means that it will safeguard from mishap and encourage advertising transparency between the influencer, the brand, and the audience. Ensure any agreement proposed to you includes the answers to the list below. Doing so will enable you to be informed and protected before you sign:

• What will be promoted?

• How will it be promoted?

  • Will each party create their own content or will the content be collaborative between parties?

  • Will this promotion be posted to only your page, or other pages as well?

  • Will this promotion be cross platform, or hosted on a single platform?

  • What platforms will be utilized and how?

• When will this promotion take place?

  • How long will the promotion take place?

  • Will the promotion remain on all parties social pages after this period has ended?

  • How many posts will be included in this period?

• What post format will this campaign include?

  • video, reel, photo, carousel, story, bio link, bio highlights, etc.

• How will you be compensated?

• When will compensation be received and how?

• Are you expected to solely promote this service/product during the campaign period?

  • If yes, when can other collaborations begin again?

  • If no, great!

  • If maybe, what brands/collaborations are excluded from this period?

• What components will make this agreement valid and enforceable?

• What will make this contract null and void?

• On what grounds can the agreement be terminated?

• How will the contract signify to the audience that this is a paid promotion?

• What state and national regulations will be followed to ensure this promotion is legal?

• What terminology will be used within the promotion?

  • Hashtags, image and text tagging, etc.

• Who will own the creative rights to the promotional content?

• Mutual agreement - does the agreement benefit both parties?

  • How so?

• How will parties address media backlash in case of bad public reception?

• How will parties address any future retaliatory situations if either party becomes discredited in the future?

With these components as a starting point, influencers can ensure they are signing a thorough and protective agreement that benefits them and their followers. Be diligent, be transparent, and always ask a legal representative for help.

Happy creating!

Kayla

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