5+ Essentials Every Content Creator Agreement Template Must Have for New Brands (That No One Talks About)
Do you want to know some of the essential terms a new (or seasoned) brand needs in its content creator agreement template that no one talks about? These are the crucial terms you need in your content creator agreement.
Working with content creators to create the right content for your brand could be a real game-changer, but if you're anything like me, you are researching everything you need to get (and keep for yourself) what you paid for. As a lawyer myself who drafts contracts (and sells a content creator agreement template) for brands like yours, I am giving you some juicy tips that no one else talks about.
You will learn about the crucial terms you need as standard terms in your content creator agreement template, whether it's a freelance content creator contract template, digital content creation agreement or UGC creator contract template.
After learning about all these essential terms you must have in your content creator agreement template, you will get the best deal for your brand!
This post is all about the essential terms every brand needs in their content creator agreement template that are absolutely crucial, but no one talks about.
Ultimate Content Creator Agreement Template
Freelance content creator contract vs influencer contract template
Before I get into the essential terms you need for your content creator agreement template, I want to make sure you understand the difference between a content creator and an influencer.
I'm talking about the content creator contract, which is also named or used as:
a freelance content creator contract;
a digital content creation agreement; or
a UGC creator contract template.
I am NOT talking about an influencer contract template. That is a very different contract.
The content creator agreement template is used by brands to have (digital or UGC) content creators create (digital or social media) content for the brand to use on their own platforms.
Brands use the influencer contract template to have influencers (with a following) create (YouTube or social media) content about the brand to use on the influencer's platforms.
Thus, these are very different contracts with very different elements. If you are working with influencers, this blog post is not for you, but you can learn more about the essentials you need for your influencer contract template in this blog post on The Ultimate Influencer Contract Checklist Every Company Needs.
Freelance content creator contract template
1. Acceptance (and payments) ONLY upon approval
As I have discussed in my blog post on the 5 Major Mistakes to Avoid in Your Content Creator Agreement (If You Are a New Brand), brands often don't clearly state in their contracts that the final draft, and thus, the deliverable is accepted ONLY when approved (in writing) by the brand.
You need to specify that in your content creator agreement template AND specify that payments are only made once the piece of content is accepted by the brand.
You don't want to end up in a dispute with the content creator about whether a draft is a final draft and when the creator gets paid. When not clearly communicated and stated in your content creator agreement template, this will be an issue.
2. Unpaid retakes in case of non-conformity
That brings me to the next essential for your content creator agreement template that no one talks about; unpaid retakes.
To avoid disputes about payments, you need to specify that the creator will do retakes of the content IF the drafts delivered do not conform with the brief.
This is also why you need to be very specific in your brief about what you want. If the content creator delivers drafts that do not meet the requirements you agreed on, then you should not pay extra for retakes. However, the content creator may have a different idea about that. So, it's important that you have explicitly stated in your content creator agreement template that the content creator shall make new or amend the drafts if the drafts do not conform with the brief at no extra cost to the brand.
For more on what to specify n your brief, read my blog post on the 5 Major Mistakes to Avoid in Your Content Creator Agreement (If You Are a New Brand).
3. Ownership of drafts
Often a brand-friendly freelance content creator contract will state that all intellectual property rights attached to the content will be assigned to the brand. In other words, the brand will own the content.
However, the contract will not specify who owns the drafts delivered.
As the brand, you may want to also own the drafts the content creator delivers to you (even though you have not accepted or paid for them yet). If, for whatever reason, the content creator does not deliver the final product, then at least you have drafts that you could work with in that case. If you do not have ownership rights of the drafts and the content creator does not deliver the final draft, the content creator could prohibit you from using the drafts as the content creator owns them.
However, not every content creator may agree to that and may require (partial) upfront payment or a deposit. You could, in that case, agree to pay a percentage as a deposit prior to the delivery of the final product.
4. Consequences in case of missed deadlines (but you still want the finished product)
Another issue I have often seen with a digital content creation contract is that no consequences have been specified if deadlines are missed.
As the brand, it's important to have your content delivered on time, especially if the content is created for scheduled campaigns or for new products you are launching.
Often, these contracts specify that the brand has the right to terminate the agreement. But what if you still want the content creator to deliver the final product? You probably don't want to start all over again with a new content creator. However, you should also not pay the full price for the deliverables because it may cost you money when the deliverables are not delivered on time. Maybe you have to push back the launch date for your products, for example.
Therefore, you should explicitly state in your content creator agreement template that the price for the product will be reduced by a specified percentage every day that the content creator is too late.
That's only fair because you need to be compensated for the costs you incur due to the late delivery. Time is money!
5. Fix the prices
Speaking of prices, as the brand, you also want to fix the prices you have agreed upon. If the content creator you work with delivers great work, you may want to have the content creator deliver more content. In that case, you, as the brand, do not want to have to agree on a new and probably higher price for additional work.
Ensure that a price list is attached for any additional work and specifically state in your content creator agreement template that all prices in the agreement are fixed and may not be changed.
You can always agree to new prices in a new contract if you are willing to pay a higher price in the future.
Bonus: Editing rights in case of a license
Here is a special bonus for when you work with content creators that give you a license to their work instead of assigning all rights to you.
In that case, as the brand, you want to expressly state in your content creator agreement template that you have the right to edit, amend and repurpose the content in any way. Otherwise, you would need to ask the content creator to edit it for you, which will cost you more.
You may want the content creator to do that, but you might want to make minor edits yourself or have your own team do that for you. That way, you get the most out of the content that the content creator delivers to you!
Content creator agreement pdf
When discussing a content creation opportunity with a content creator, the (more seasoned) content creator may send you a content creator agreement pdf instead of a (Word) version they always use for their clients.
The content creator agreement pdf will likely not include the terms I discussed in this blog post (as they are brand-friendly and not necessarily creator-friendly). Brands use my content creator agreement template to compare it with the content creator agreement pdf they receive to make the necessary adjustments or have them made by the creator (who definitely has a Word version).
Digital content creation agreement
Brands, both new and more seasoned ones, also use my subscription service so I can negotiate their contracts, and they can just focus on the actual business.
You can find my freelance content creator contract template here and check out my subscription service here.
Content creator contract template free
If you are looking for a content creator contract template free of charge online, then make sure that the content creator agreement template includes all the critical terms I just discussed or include them yourself now that you know what you need!
This post was all about the critical terms every brand must have in their content creator agreement template (but no one talks about).
Want to learn about all the essential legal elements you need in your content creator agreement template? Then read this blog post on the 7 Key Terms Every Content Creator Contract Must Have for Content Creators and Brands.
Want to know which common crucial mistakes you need to avoid in your digital content creation agreement? Then read this blog post on the 5 Major Mistakes to Avoid in Your Content Creator Agreement (If You Are a New Brand).
You can get your Content Creator Agreement Template (including all the essential and crucial terms I just discussed) here!
Are you asking someone to use their existing photo or video content? Then you need the Media Release Agreement, which you can get here!
