The Ultimate Influencer Contract Checklist Every Company Needs
Need an influencer contract checklist for your influencer partnership? These are all the crucial terms every influencer contract must have for companies.
Collaborating with influencers is a great way to promote your business, but if you're anything like me, you want to ensure you have everything covered so you are legally protected and get your money's worth! As a lawyer myself who drafts influencer contracts for large and small companies like yours, I am giving you the ultimate influencer contract checklist so you know that you have everything covered in your contract.
With this influencer contract checklist, you will learn how to create an influencer contract and what you need in your influencer marketing agreement template to secure all the essentials.
After reading this influencer contract checklist, you will be ensured of a great relationship with the influencer while legally protecting your business and not overpaying.
This post is all about the essential influencer contract checklist every company needs.
Ultimate Influencer Contract Checklist
What is an influencer agreement
Before we go into the influencer contract checklist, I want to ensure you know what an influencer contract is. So what is an influencer agreement? An influencer agreement, or in the influencer community referred to as a "brand sponsorship agreement," is an agreement by which the company, you, pays an influencer to promote your business or products on the influencer's platform to the influencer's audience.
Social media content creator contract
An influencer agreement is not an agreement by which the company pays the creator to create photos or videos for the company to use on the company's platform. That is what is called a "UGC creator" or "user-generated content creator." A contract with a UGC creator is not an influencer contract but a social media content creator contract.
This influencer contract checklist is for the influencer contract and can not be used for the social media content creator contract. That is a very different contract with terms that are very different from the influencer contract.
To learn more about the social media content creator contract, read this blog post on the 7 Key Terms Every Content Creator Contract Must Have for Content Creators and Brands.
Contract between influencer and brand: the influencer contract checklist
Now that we are 100% sure you want an influencer contract between you and the influencer, we can get into the influencer contract checklist!
1. Specification of platform & type of deliverables
First, you must know precisely what you want the influencer to deliver and where those deliverables must be placed. You can't just ask the influencer to deliver a 'Reel' and expect it to be placed on the influencer's TikTok account too. You have to specify exactly:
the type of deliverables: Is it a photo you want? Or do you want the influencer to make a video with your product? Or both?
the number: Do you want the influencer to produce just one piece of content? Or do you want four pieces of content?
the platform(s): The influencer may have multiple accounts. Do you want the influencer to place the piece(s) of content on the influencer's Instagram account? Or on the influencer's TikTok account? Specify exactly which account.
the dates: On which dates must each piece of content be placed?
2. Content of the deliverables
Now you know the what and the where the next step on this influencer contract checklist is the how. You need to specify the content of each piece of deliverable, more specifically:
the script: There are different versions of scripts. You could give the influencer a complete script of what the influencer must say or state in the caption word for word. However, this is not recommended in most cases, as it will be obvious that those words are not the influencer's own words. Once the audience catches wind of that, they will not trust the influencer and, thus, not buy your product. You don't want that. Instead, you could give the influencer instructions on how to describe the product and what about the product the influencer must mention.
the call-to-action: What do you want the influencer to tell the audience to do? Do they have to click on a link? Do they have to follow your company's page? Do they use a promo code to get a discount?
the duration: If the influencer is creating 'Reels' or 'TikToks,' what does the duration of each video have to be?
the shot(s): What of your brand or product do you want the influencer to show in each piece of content? If it's a shampoo bottle, you might want to specify that the text on the front must be clearly shown. Perhaps you want your logo to be in the corner of the photo or video. If it's a video and you want the influencer to promote a camera, what features and functionalities of the camera do you want the influencer to show in the video? Be very specific about what you envision and brainstorm with the influencer on the best ways to show your product and make a detailed brief. That has to become part of your contract.
the quality: Ensure you include sound quality, video quality, clarity, etc.
3. Approval & retakes
This is why you need to be very specific about the deliverables. If you are clear and specific enough, there's a bigger chance that the influencer will deliver exactly what you want. But, if the influencer does not deliver what you have specified or it's poor quality, then you can have the influencer do retakes until the content fits the description at no extra cost.
Always make the content subject to approval, so you don't have to deal with whatever the influencer delivers and otherwise (over)pay for retakes. That would defeat the purpose of the brief.
4. Deadlines
Not only do you want to specify the dates on which the content pieces must be published on the influencer's platform(s), but you also want to set deadlines for the first, second, and third drafts and your approval.
5. Influencer fee & influencer price list
You must agree on an influencer fee and specify a flat fee for all the pieces. You also want the retakes to be included in that fee and specify that in your influencer contract.
You may have agreed on a specific influencer fee for a specific piece of content or multiple pieces of content, also referred to as a "Bundle."
What if you want the influencer to produce more pieces of content in the future? You might want to do that at the same price and not a higher price in the future. So, include a clause in the contract that ensures that if you want more pieces of content from that same influencer, you want that under the same terms of the current contract.
Have a complete influencer price list included for all the types of content the influencer creates. So, if you have initially engaged the influencer to produce two 'Reels' for Instagram, then you don't only want the price for 'Reels' but also TikToks. Even if the influencer does not have a massive following on TikToks right now, that might change in 2 weeks, and then you want to get TikToks for the same price that you agreed on before the influencer exploded. The same goes for photos.
The influencer may want to conclude a new contract with a new price for a new job after several deliveries. Still, until then, the influencer will be happy to do that for the same price to have you become a loyal client, and you get to profit off of getting the same price after the influencer grows, at least for a while.
6. Product ownership
Specify whether the influencer becomes the owner of your product or may only use your product for the duration of the collaboration.
Even if it's an expensive product, the influencer might love it so much that the influencer would use it when the sponsorship has ended. Your product could pop up again in the influencer's content which would be a free advertisement!
7. Content ownership
First, as the company and owner of the brand, you have to give the influencer a license to use your products, name and logo in its own content.
Second, you have to decide who is the owner of the content itself. Does the influencer remain the content owner, or does the company become the content owner? In the latter case, you must give the influencer a license to use that content on its own platform.
In any case, you, as the company, will need a license to use the influencer's name, logo and any additional photos of the influencer.
8. Company's use
Usually, the influencer keeps ownership of the copyright to its content. You, as the company, might want a license from the influencer to post that same content on your own platform(s). You need to explicitly state that license in your influencer contract.
You may also want to use that content for advertising. In that case, you could agree in your contract for those usage rights. You should also agree on the royalties the influencer receives for the term that you use that content for advertising purposes.
In that case, you also want to include the right to adapt and edit the influencer's content.
9. Exclusivity
Exclusivity is a major part of your collaboration with an influencer. You do not want the influencer to work with any of your competitors and promote their products to the same audience. So ensure you include an exclusivity clause that covers the period of your contract and a reasonable period after that.
10. Minimum period
Not only is the term of the contract itself essential, especially for the exclusivity clause, but also the minimum period for the content. A contract between influencer and brand must include a minimum period that the content the company paid for must be on the influencer's agreed platform. The contract should also state what amounts the influencer must refund if the content does not remain on the influencer's platform (whether it's the influencer's fault or not).
11. Limitation of liability
As the company, you want to exclude your liability for any damages that the influencer may suffer from your product, and where it's not possible to exclude your liability completely, limit your liability to a certain amount, like the amounts paid under the contract.
You also want to exempt some circumstances like fraud or other situations prescribed by law that may not be subject to any limitations. Otherwise, your entire limitation of liability clause could be ruled null and void by the courts.
12. Indemnities for personal data & influencer marketing laws
The influencer is responsible for the content the influencer posts on its feed. Even though you give approval for the content pieces (and will keep an eye on the wording to see if influencer marketing laws are complied with), you can't control whether the influencer uses the proper measures on its own platforms. So, if the influencer gets in trouble, you should not be paying for that, and the influencer should indemnify you for any costs in that respect. The same goes for personal data and privacy laws. If the influencer collects personal data from its audience for whatever purpose, it's the influencer's responsibility to comply with the applicable laws, not yours!
13. Confidentiality
You don't want the influencer to share anything about any terms of the agreement, especially not the influencer fee or the influencer price list you have both agreed on. So ensure you have a confidentiality provision in your contract (for the avoidance of any doubt the influencer might have) that their obligation to secrecy also applies to their influencer fee and influencer price list that they have agreed on with your company.
14. Non-disparagement
Another crucial element on this influencer contract checklist that builds upon the previous element is the non-disparagement clause.
There are several popular websites on which influencers share the details of their collaboration with companies. Not only do some of them share their agreed fees there, but the influencers also share the bad and the ugly. Regardless of whose fault it is, if the collaboration does not turn out to be great, you, as the company, do not want the influencer to share a bad experience with you for the public to see.
That is why you need a non-disparagement clause that also covers these instances.
15. Termination
The last essential element on this influencer contract checklist is the termination provision. You don't want the influencer to be able to terminate the contract at any time for no reason, with or without a notice period, especially since you want the content of your product to be on the influencer's page for as long as possible and at least for the minimum period. However, you do want to be able to terminate the contract with the consequence of the influencer having to take those content pieces down if the influencer's reputation suddenly changes for the worst and the influencer is no longer representative of your brand. The same goes if the influencer disparages your brand or does business with a competitor. Ensure that these termination grounds and the consequences of termination are specified.
How to create an influencer contract
Now that you know everything your influencer contract needs, you know how to create an influencer contract that contains all the essentials. But do you know how to write an influencer contract?
Starting from scratch is difficult, but you might have found a social media influencer contract example online. Now you know what should be in your influencer marketing agreement template; you can use the influencer contract checklist to ensure your contract contains all the essentials and add those that are missing.
Influencer marketing agreement template
Don't want to waste time figuring out whether your social media influencer contract example has everything it needs? Then buy my affordable influencer marketing agreement template! You can use it for all social media influencers, like Instagram and TikTok influencers, and YouTubers. You can feel confident knowing that this contract contains everything you need to protect your business!
This post was all about the ultimate influencer contract checklist every company (large or small) needs
Are you working with content creators who create content for your platforms? Then read this blog post on the 7 Key Terms Every Content Creator Contract Must Have for Content Creators and Brands.
If you are working with a podcaster, you must read this blog post on the 5 Crucial Terms Every Podcast Sponsorship Contract Should Have.
You can get your influencer marketing agreement template (which includes everything from the influencer contract checklist) here!
If you are working with a blogger, you need the Sponsored Post Agreement!
Are you working with a podcaster? Then you need the Podcast Sponsorship Agreement!
