10 Do’s and Don’ts for Effective Influencer Contracts (for Influencers)

Creators

Mar 31

Want to know what you need and what to watch out for in influencer contracts? I’m telling you exactly what the do’s and don’ts are to protect your money, IP and creativity!

Brand collabs are a great way to earn money as an influencer, but if you’re anything like me, you want to make sure the brand won’t take advantage of you, your content, or your time, or even hurt your wallet. As a lawyer myself who has drafted an influencer-friendly influencer contract template for influencers like you, I’m spilling all the tea on the essentials you need to include in your influencer contracts and what not to accept from brands.

In this blog post, I’ll break down the do’s and don’t for your influencer contracts. So, you’ll have an easy influencer contract checklist to create the best influencer contracts for you.

After learning all about the do’s and don’ts, you’ll be earning more while protecting your money, IP and creativity.

This post is all about the do’s and don’ts for creating effective influencer contracts to earn more while safeguarding your money, energy, and content.

Effective Influencer Contracts

The best influencer contract checklist for your influencer contracts

#1: Don’t let the brand completely control your creative process

What it means & why it’s a don’t

Some brands try to dictate every detail of your content, from the exact words you say to how you film your videos. Here’s why it’s a don’t:

This can make your posts feel unnatural, which hurts your credibility and engagement, and you could lose your audience.
Plus, strict brand control can lead to frustrating revision cycles, taking up time you could spend on other collaborations.

Terms to AVOID in influencer contracts

Here are the terms you can’t accept in influencer contracts to avoid these issues:

Anything in influencer contracts that state that you must follow an exact script, style, or format.
Any terms that obligate you to follow the brand’s instructions.

#2: Do include protections for full creative control

What it means & why it’s a do

Your contract should include protections that let you maintain full creative control over your content.

Here’s why you need these protections:

The brand can’t force you to publish anything that feels off-brand for you.
You maintain trust and credibility with your audience.

Terms to include in influencer contracts

Here’s what you should include in your influencer contracts:

A clause that states that you’ll take any reasonable directions of the brand into account but that you will perform your work completely independently and at your sole discretion.
A cause that states that you may deviate from the brief at your sole discretion and that that does not constitute a breach of your contract.
A creative freedom disclaimer that gives you full creative control over the content, including your style, tone, approach, and artistic elements.

To learn more about the disclaimers you need, read this blog post on the essential disclaimers for influencers.

#3: Don’t make any inauthentic statements or tell lies for the brand

What it means & why it’s a don’t

Some brands may ask you to exaggerate claims, promote products you haven’t used, or say things about the products you don’t actually believe. This is unethical and can get you into legal trouble.

Here’s why it’s a don’t:

Misleading endorsements violate advertising laws (like FTC guidelines). It could get you into legal trouble!
If you don’t have the proper protections in your influencer contracts, brands could even go as far as making you say things that aren’t really true about their products.
Brands could make you say things that do not align with your values.

Terms to AVOID in influencer contracts

Here are the terms you can’t accept in influencer contracts to avoid these issues:

Anything in influencer contracts or briefs that state that the content must align with the brand’s vision or marketing goals.
Anything in influencer contracts that state that you endorse the brand or its products.
Any guarantees on positive reviews or specific statements about the products that are not factual.

#4: Do protect your authenticity & your audience

What it means & why it’s a do

You should never feel forced to make any statements that simply feel wrong. And as an influencer, your credibility is your biggest asset.

Here’s what happens when you protect your authenticity in your influencer contracts:

Your audience loves you and the brand’s products.
The brand will actually see more success if you are completely honest and authentic, even if some things you say about their products are not completely positive.
It’s a win-win for you and the brand.

Terms to include in influencer contracts

Here’s what you should include in your influencer contracts to protect your authenticity: A comprehensive authenticity disclaimer that ensures you won’t have to say anything that doesn’t align with your values or beliefs. It should at least state the following:

You retain the right to communicate authentically with your audience.
You will not make any statements that contradict your personal beliefs, values, opinions, or experiences.
You will not make exaggerated claims, warranties, or representations about the brand or its products or services beyond their genuine experiences.

To learn more about the disclaimers you need, read this blog post on the essential disclaimers for influencers.

#5: Don’t accept responsibility for results & outcomes

What it means & why it’s a don’t

Brands may try to hold you accountable for sales, engagement, or conversions. They basically want you to take responsibility for results and outcomes that are outside of your control.

They can include terms in their influencer contracts that give them the right not to pay you if your content does not achieve certain results.

You should never be financially penalised if a brand does not get the results and outcomes it expected.

Terms to AVOID in influencer contracts

Here are the terms you must avoid in influencer contracts:

Any guarantees on any results, like sales, traffic, or brand engagement.
Commission-only compensation based on your content’s performance
A very low base fee that will only increase if certain metrics are met

#6: Do disclaim liability for results & outcomes

What it means & why it’s a do

Ensure you always get paid for your time, energy, and quality of work; get paid for your value, not results you don’t have control over.

Don’t let brands refuse payment, and protect yourself from losing money.

Terms to include in influencer contracts

Here’s what you should include in your influencer contracts. Include a comprehensive results & outcomes disclaimerthat states the following:

The brand acknowledges that results depend on factors beyond your control.
You give no guarantees or warranties for any results or outcomes.
You are not responsible and can not be held liable for any result and outcomes, including performance, engagement, or conversion rates.

Also, ensure you charge a fair fee that reflects your value, and don’t let the fee depend on any results or outcomes.

#7: Don’t accept ambiguous payment terms

What it means & why it’s a don’t

If your influencer contracts lack clear payment terms, you might end up waiting months for your money.

Vague payment terms could result in brands delaying payments indefinitely because it’s unclear when the payment deadline is.

Terms to AVOID in influencer contracts

Here are some examples of vague payment terms you must avoid in influencer contracts:

“Payment will be made after campaign completion.” When is a campaign completed?
“The Influencer will be paid after the content has been approved.” If you’re creating multiple pieces of content over several weeks or months, does that mean you’ll get paid after the last piece of content is approved? What if the brand never approves your content?

#8: Do set clear payment deadlines AND consequences

What it means & why it’s a do

Always make sure you know when you’ll get paid so you’ll actually get paid.

To ensure the brand pays you on time, you should also set consequences for if the brand does not pay you on time.

Terms to include in influencer contracts

Here’s what you should include in your influencer contracts:

Include clear payment deadlines like “within [X] days of approval” or “within [X] days of posting”, and specify what is paid when for what content piece(s) if you’re creating a series of content pieces.
Charge a late fee for late payments.
Include the right to suspend (stop) your work until outstanding payments are received, so you’re never obligated to keep creating and posting content for the brand if the brand is behind on payments.

#9: Don’t let the brand fix your rates forever

What it means & why it’s a don’t

Brands will try to lock you into the same rates for future collaborations, even if you’ve gained 10,000 more followers. They want to get a good deal and will try to prevent you from increasing your fees if you let them.

Terms to AVOID in influencer contracts

So here are some sneaky terms in influencer contracts you should avoid to avoid getting locked into the same rates 2 years later:

Certain influencer contracts from brands will try to lock you in for a certain period of time. If it’s a few months, it might not be a big deal, but make sure it’s not for years.
Other influencer contracts will fix the fees indefinitely and state things like “The Influencer agrees to provide content for future campaigns at the same rate as this agreement.” or “All future collaborations shall be based on the same pricing structure as the current contract.”

#10: Do use a flexible influencer rate card

What it means & why it’s a do

As your audience grows, so does your reach, and so should your rates.

Your influencer contracts should allow you to adjust your rates as your influence increases.

Terms to include in influencer contracts

Here’s what you should include in your influencer contracts to increase your income:

Include your influencer rate card in your influencer contracts so you can charge for extra work, but also explicitly state that your rates are subject to change.
State that you are entitled to change your rate at any time at your sole discretion, so you can change your rates without needing permission from the brand.

10 MORE do’s and don’ts you MUST know about!

In this blog post, I have only discussed 10 do’s and don’ts for influencer contracts.

Want to know what else you should do or definitely not do?

Read this blog post on the 10 other do’s and don’ts you MUST know about!

The ultimate template for creating the best influencer contracts

Now, you know about all the do’s and don’ts for creating the most effective influencer contracts.

But how are you going to actually implement all of them? You could spend hours trying to figure out the right wording for each contract. Or, you could spend thousands on lawyer fees by having a lawyer do it for you.

Or, you could simply save time and money with the ironclad influencer contract template that I’ve created for content creators and influencers like you!

It includes all the do’s and excludes all the don’ts. You’ll have all the must-haves you need to earn more while protecting your content, time, and money. And my template is fully customisable to your niche!

Learn more about my influencer contract template here!