The influencer contract

What is an influencer contract?

The influencer contract governs the commercial relationship between two parties, in which one, the advertiser, seeks to promote their brand or service through the prestige and recognition of the other on social media, the influencer, in exchange for a monetary or in-kind compensation. A well-drafted influencer contract will help both parties protect their interests in the business relationship.

If you are the hiring company, you can regulate the influencer's liability in cases of plagiarism, reputational damage to the brand, or failure to meet obligations. If you are the influencer, you can specify the number of posts required, which platforms will be used, and how the contract may be terminated.

1. LEGAL CAPACITY: This refers to a person's ability to enter into any type of legal agreement.

• Both influencer and advertiser must confirm they are duly authorized to do so.

2. CONTENT: This involves describing the nature and purpose of the service being contracted.

• Specify the alias to be used.
• Indicate the platform you will use to promote the brand, such as specific social media channels or a website.
• State whether the content must be new and created specifically for the product or service or if previously used material may be repurposed.
• Set the number of actions or posts and determine the publication date and time. Specify whether posts may or must be deleted later.
• Indicate the text, tags, and hashtags that must be included.
• Specify whether prior review and approval by the advertiser is required, and define the timeframe in which the content must be submitted.

3. RIGHTS AND OBLIGATIONS: In addition to describing the service and its purpose, the contract should outline the pros and cons of the service delivery.

• You hold the copyright, meaning the content you create is your property.
• Exclusivity clause, i.e., you may be restricted from working with competitors for a specific period.
• Brand's ability to act if your public image is compromised.

4. DURATION: This is the timeframe for which the contract remains valid. It's important to specify:

• Duration of the campaign or collaboration freely agreed upon by both parties.

5. PAYMENT METHOD AND LOCATION: Establish the amount to be paid for the service, the currency, and whether payment will be monetary, in kind, or a combination of both:

• Set the percentage of payment to be made upon signing the contract and the percentage upon fulfillment of the agreed terms.
• If you are paid in products, it’s important to indicate their value.
• If compensation includes travel, specify what the travel package includes: flight, hotel, transport, meals, etc.

6. PENALTY CLAUSE: If any of the contract's clauses are breached, both parties may agree to monetary penalties that affect the earnings or benefits of either party, creating a natural obligation up to the point of breach. For example, penalties for purchasing followers, likes, views, or comments, and other deceptive practices.

7. GOVERNING LAW AND JURISDICTION: Refers to the jurisdiction the parties agree to submit to in case of disputes.

An influencer contract is not a standard contract. It's essential to clarify that it involves a commercial relationship rather than an employment one, and many aspects need to be addressed. The best approach is to consult a professional who can anticipate the legal and financial context. Our team can assist you with any matter related to planning or drafting contracts specific to this sector. If you have any questions or need clarification, don’t hesitate to contact us.