What to Know About Influencer Contracts.

Photo by @mediamodifier.

Influencers are people who create a fan base or followers by regularly communicating to the public or performing publicly. The more well-known the influencer becomes, the bigger the fan base or following grows.  Although we mostly hear about social media influencers, influencers can be scholars, athletes, politicians, actors, etc.  An influencer can “influence” their fan base or followers based on their publicly stated opinions, “likes,” attire, equipment, etc. Some social media influencers have millions of followers, making them a prime advertising target for product or service brands. As such, agreements between influencers and brands need to be as concise and understandable in their terms as would exist in any other type of performance contract.  For purposes of this blog post we will be focusing on social media influencer contracts.

Most performance agreements include clauses regarding consideration (what valuable thing/service in exchange for what valuable thing/service).  In influencer agreements the contracts often have language where a brand requires a certain number of published posts on the influencer’s social media platform featuring the brand and content about the brand within a certain period of time. In exchange, the brand agrees to pay the influencer according to an agreed upon payment scheme.  As in all performance contracts there will be a clause about what constitutes a breach and the remedies. There most likely will also be a clause regarding an influencer not negatively affecting the reputation of the brand whether in posts or in conduct separate from the platform.

A particular area to note in the social media influencer contract are clauses regarding intellectual property rights, federal regulations, and state-specific laws regulating specific content in advertising. Pay particular attention to who the contract says is the owner of the content, the brand or the influencer.   It should clearly state whether the influencer is waiving any rights, and/or licensing the use of the content, and if so, for how long and within what geographic area. It should further clearly state whether the brand has the influencer’s permission to use the influencer’s NIL (name, image and likeness) during and after the term period of the contract and in what manner.

There are many more details to look for, and to request, in an influencer agreement.  Make sure you consult with an attorney to review any offer before verbally agreeing to anything and before signing anything.

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