7 Major Mistakes Brands Must Avoid in a Social Media Influencer Agreement
Are you considering working with influencers for brand awareness? Avoid the crucial mistakes made by brands before you sign your social media influencer agreement.
Working with influencers to promote your brand can help skyrocket your sales, but if you’re anything like me, you are researching everything you need to ensure your brand’s reputation and your money are protected. As a lawyer myself who drafts contracts for brands like yours, I am telling you about the common mistakes I have seen brands make that have cost a lot of money and how you can avoid them.
You will learn about all the crucial mistakes to avoid in a social media influencer agreement so that you know exactly what to include in your
Instagram influencer agreement template, regardless of which influencer you send your social media influencer agreement pdf to.
After learning about all the major mistakes made in a social media influencer agreement, you can avoid them by implementing the protections I’ll tell you about so you can have the peace of mind that your brand is fully protected and will thrive!
This post is all about the crucial mistakes to avoid in a social media influencer agreement to protect your brand and let your brand prosper.
Crucial Social Media Influencer Agreement
The major mistakes to avoid in your social media influencer agreement pdf
1. Clear provisions on whether revisions are included in the price
The first draft of the influencer’s sponsored content for your brand may not be what you had in mind or even agreed to. So, revisions will usually be needed to ultimately get to a version you are content with, which the influencer may publish.
However, I have come across many versions of the social media influencer agreement that do not include any provisions for revisions. Or, the social media influencer agreement may state that the brand may request revisions, but it does not state whether revisions are included in the fixed fee paid by the brand.
This leaves room for misperceptions on both sides. The influencer may think that, since no agreement has been made on revisions, the influencer may ask for additional fees for revisions. Perhaps the influencer provides the first revision for free but suddenly asks for an additional fee for the second revision.
You do not want to be confronted with extra fees, especially if the content does not conform with the brief.
Therefore, your social media influencer agreement should include unambiguous provisions stating that any revisions you request are included in the fixed fee.
2. No agreed minimum period for posts
The next mistake I have seen in the social media influencer agreement is that no minimum period is agreed for posts.
When you agree that the influencer will create Instagram Stories, you know the content will only be published for 24 hours.
However, there is no time limit when it comes to content that the influencer must publish as a post on its feed or a video on TikTok. That means that the post could be out there forever. On the other hand, it may also mean that the influencer may delete the post a day after publishing it.
If you have not agreed with the influencer on a minimum period, the influencer has technically complied with your social media influencer agreement. The influencer has published the post as agreed. But, of course, that was not what you intended to happen when you agreed to pay the influencer for a sponsored post.
Therefore, your social media influencer agreement should include a minimum period for posts to remain published.
3. No rights to use the influencer’s content
Usually, as the influencer is creating content that the influencer will post on their own platform, it is agreed in the social media influencer agreement that the influencer remains the owner of that content.
However, I have seen in many contracts that the contract does not include a license for the brand to use that content. That means that you, as the brand, can’t use the content you paid for on your own platforms. That is a major missed opportunity, as you likely want to showcase the influencers using your products on your own platforms, too.
Therefore, your social media influencer agreement should include a license for you to use the sponsored content for your own platforms. Ensure that the license is royalty-free, so you don’t have to pay for usage or agree on a fixed periodic fee for usage if the influencer requires a fee for usage rights.
4. No information rights to data on performance
Another common mistake I have seen in the social media influencer agreement is that it does not include the rights of the brand to insights into the performance data of the sponsored blog post.
As the brand, you want to know how well each influencer’s sponsored post performs to determine whether the collaboration was a success. Thus, you need to know all the data, including how many views, sessions, likes, comments, etc., the influencer receives on a post, Story or TikTok video.
Therefore, your social media influencer agreement should include information rights that allow you to request the influencer at any time to provide you with the data you need.
5. Compliance provisions for laws that do not apply
With influencers all over the world, brands will often collaborate with influencers outside the country where the brand is registered.
A common mistake I see when brands collaborate with influencers outside their country is that the social media influencer agreement only contains provisions for compliance with the laws of the country where the brand is situated.
However, data privacy laws, consumer protection laws, and influencer marketing and advertising laws from the country of the influencer (and the European Union if the influencer is in a Member State of the EU) will also be applicable.
For example, suppose your brand is in the US, and you collaborate with an influencer in the Netherlands. In that case, the laws of the Netherlands and European Union will also be applicable. If your contract only provides protection for non-compliance by the influencer of US laws, you are only protected when you receive a fine from the FTC. But you are not protected if you receive a fine from the Dutch or EU authorities for breach of European marketing laws.
Also, when the influencer promotes your brand to consumers outside of your and the influencer’s country (which is likely the case since it’s online and the influencer’s audience does not solely consist of people in the influencer’s country), the (consumer protection and marketing) laws of those countries may apply.
Therefore, your Instagram influencer agreement template should include protections against non-compliance by the influencer of ALL applicable laws, not just the laws of your country.
My social media influencer Agreement contains the proper wording to protect you from non-compliance by the influencer of all applicable laws so that you can do business with influencers worldwide.
6. Incorrect choice of court or arbitration provisions
The social media influencer agreement states which court or arbitral tribunal will have the authority to handle your case if you sue the influencer for a breach of the contract or vice versa.
A common mistake I see in the social media influencer agreement is that it states that the court of the country of the brand is chosen (if the contract is the brand’s template).
However, when contracting with someone located/registered in another country, arbitration is often the better option over court proceedings. Why? Although arbitration is generally a lot more expensive and a bit slower than court proceedings, national court decisions can not be enforced in other countries. This means that you would have to go to the court of the country of your counterparty to get the court’s decision recognised/approved.
So, that would end up costing you more time and money. Thus, in that case, arbitration is the more effective, cheaper and quicker option.
Arbitral judgements are, however, recognised (in most countries) worldwide and can be enforced (almost) anywhere without the intervention of a court.
There is an exception to this rule, however. If you are located/registered in a Member State of the European Union and are contracting with someone registered in the EU, then court proceedings are also recommended over arbitration.
Why? Court decisions in one EU Member State can be enforced in any other Member State (without the intervention of that Member State’s court).
So, therefore, your Instagram influencer agreement template should have alternative clauses for both arbitral and court proceedings and an explanation of which option suits your collaboration best.
7. No protections against disparagement
The last mistake I still come across every once in a while is that no protections against disparagement are included in the social media influencer agreement.
Even if you start out having a great relationship with an influencer or have had a great relationship for years, a disagreement can change everything. Or the influencer has a bad experience with your product or service for whatever reason. Many factors can change your relationship with an influencer, which could lead to the influencer making disparaging statements about your brand. You may not even know the reason or see it coming.
Your social media influencer agreement should, therefore, include non-disparagement provisions which prohibit the influencers you work with from disparaging your brand in any way, regardless of what the reason may be.
These were some of the most common mistakes I have seen in the social media influencer agreement. Please note that this is not an exhaustive list, as there are many more mistakes I have come across. Therefore, ensure you have a proper template that provides all the protections you need.
Do you need an Instagram influencer agreement template?
If you want to ensure you avoid the major mistakes discussed in this blog post in your Instagram influencer agreement template, I sell a template with all the protections you need to prevent these (and other) mistakes from happening.
When you buy my social media influencer agreement, you actually get two templates: one for you as the brand and one for the influencer, with alternative clauses for each collaboration.
Both templates of the social media influencer agreement include explanations for each alternative clause so you completely understand the agreement and can tailor it to each collaboration.
You can find my Instagram influencer agreement template on this page of my contract shop.
The essential terms you need in your influencer contract template word for word
Want to know what other terms you need in your social media influencer agreement? Read this blog post on the 11 Must-Haves Every Brand Needs in an Influencer Marketing Agreement.
This post was all about the crucial mistakes every brand must avoid in a social media influencer agreement.
Are you a social media influencer working with brands on sponsorship deals? Read this blog post on the 7 Key Things Influencers Must Consider Before Signing Sponsorship Contracts.
Are you a YouTuber collaborating with brands on sponsorship deals? Read this blog post on the 9 Key Terms Every YouTuber Must Have in a YouTube Sponsorship Contract Template to Earn More & Keep a High Income.
You can get your Instagram influencer agreement template on this page of my contract shop!
