13 Must-Have Disclaimers for Influencers in a Social Media Influencer Contract (Part 1)
Are you a social media influencer? I’m sharing the essential disclaimers your social media influencer contract must include for every brand deal to protect their time, money, and energy.
Earning an income from brand deals is the ultimate dream, but if you’re anything like me, you want to ensure you don’t run the risk of losing all your money. As a lawyer myself who drafts contracts for creators and influencers like you, I am giving you all the crucial disclaimers you must include in your social media influencer contract to protect yourself from common issues with brands.
You will learn about the key disclaimers you need in your social media influencer contract, which you can include in your social media influencer contract template, most of which you won’t find in any simple social media influencer contract you find online.
After learning about all these must-have disclaimers, you will have successful brand deals while protecting your time, money, and creativity.
This post is all about the key disclaimers any influencer must include in their social media influencer contract to protect their time, money, and creativity.
Best Social Media Influencer Contract
Every must-have disclaimer for your social media influencer contract template
This is Part 1 of the 2-part series on the 13 must-have disclaimers to include in your social media influencer contract.
In this blog post, I’m disclosing 7 of the 13 crucial disclaimers for your social media influencer contract.
To find out more about the other 6 disclaimers, read Part 2 here: 13 Crucial Disclaimers Every Influencer Must Have in a Social Media Influencer Contract Template (Part 2).
Now, let’s get into the first 7 disclaimers!
1. Creative freedom disclaimer
The first crucial disclaimer to include in your social media influencer contract is the creative freedom disclaimer.
You’re creating content to post on your platform for your audience. Your audience listens to you for you, your style, and your unique content. Thus, it needs the content needs to feel like you.
That should also be the case for sponsored content. You know best what your audience wants to see. That means you know better than the brand what would actually have the most success for the brand, too.
Therefore, the brand should not impede your creativity in any way. You must be in full control of your creativity.
And that is why you need a creative freedom disclaimer that states the following:
You retain full creative control over the production of the content, including, but not limited to, the style, tone, approach, and artistic elements, unless certain things are expressly specified in the brief.
The brand acknowledges that creative work is inherently subjective, and your professional judgment shall prevail in matters of artistic expression.
You disclaim any liability for dissatisfaction arising from stylistic choices, creative interpretation, or perceived deviations from the brand’s expectations in relation to the content.
2. Authenticity disclaimer
The next crucial disclaimer you must include in your social media influencer contract is an authenticity disclaimer.
The thing with brand deals is that you’re basically putting yourself on the line for the brand (to make money). Of course, your audience understands that you’re being sponsored to say something about the brand, but you will lose their trust in a heartbeat when you state something you don’t actually believe or stand behind.
And that brand deal is not worth losing your audience over.
That is why you need to include an authenticity disclaimer that states the following:
You retain the right to communicate authentically with your audience and 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.
The brand acknowledges that your authentic messaging may include personal opinions and experiences, which may not always align perfectly with the brand’s marketing message.
You disclaim any liability for any statements in the content that do not meet the brand’s expectations or marketing goals and for audience interpretation or misrepresentation of statements made in the content.
3. Content quality disclaimer
The next key disclaimer any influencer must include in a social media influencer contract is a content quality disclaimer.
Content quality and presentation are inherently different. Everyone’s style, creative interpretation, and artistic approach are inherently different.
The brand may have its own taste and sense of style, but the brand chooses to work with you based on the content you already make. Thus, the brand has no right to ask you for changes based on these subject matters.
That’s why you need a content quality disclaimer in your social media influencer contract that states the following:
The brand acknowledges that content quality and presentation are inherently subjective and may vary based on your personal style, creative interpretation, and artistic approach.
You make no representations, warranties or guarantees regarding the content’s quality, appeal, or suitability for the brand’s intended use.
You disclaim any liability for the brand’s dissatisfaction arising from subjective quality assessments.
4. Accuracy disclaimer
The next essential disclaimer for your social media influencer contract is the accuracy disclaimer.
You put a lot of time and effort into creating your content and making sure it complies with everything stated in the brief.
The last thing you want is for the brand to have you refilm that content for free because the brand found an inaccuracy or something that’s untrue about their product in that content while that was not or too vaguely stated in the brief.
Of course, you could recreate your content in that case, but then you must be fairly compensated for that additional work (for which you should have an entire separate clause in your social media influencer contract).
However, the redos you need to make because of a mistake made by the brand should not be done without compensation.
That is why you need an accuracy disclaimer in your social media influencer contract stating the following:
You disclaim any liability for inaccuracies, errors, or omissions resulting from incorrect or incomplete information supplied by the brand.
The brand is responsible for reviewing and approving all information, claims, and messaging prior to posting your content.
5. Influencer appearance disclaimer
The next must-have disclaimer for your social media influencer contract (especially if you’re posting multiple pieces of content over a longer period of, say, several months) is an influencer appearance disclaimer.
Most of us change over time. We can fluctuate in weight. We may colour our hair. We may change our nail colour. And so on.
The brand should not have the right to ask that you change back to exactly what you looked like a month ago or require you to change anything about your appearance. Or change anything about the (payment) terms of the contract for that reason.
That’s why you need a disclaimer in your social media influencer contract stating the following:
The brand acknowledges that your appearance may evolve and agrees that such changes do not constitute a breach of the contract.
You disclaim any liability regarding their physical appearance, style, or any changes that may occur over time, including, but not limited to, your hairstyle, weight, clothing preferences, and personal style.
The brand agrees not to request changes based on your (evolving) appearance.
6. Disclaimer for uncontrollable circumstances
Another disclaimer you should include in your social media influencer contract is a disclaimer for uncontrollable circumstances.
Life happens. You could have to deal with a power outage. Your WiFi could vanish. You may need to take your dog to the vet for an emergency. There are many issues that can happen that are outside of your control. Those circumstances could result in delays in deliveries of your draft content to the brand. Or you may need to post the sponsored content a day later.
That is why you need a disclaimer stating you will not be held responsible or liable for any delays, cancellations, failures, or interruptions due to weather conditions, natural disasters, emergencies, or other unforeseeable circumstances beyond your control (which should be outlined in your force majeure clause).
7. Editing rights disclaimer
Another must-have disclaimer for your social media influencer contract is an editing rights disclaimer.
When you present the first draft of your content to the brand, the brand will likely want you to make a couple of changes. The brand may want you to add more information about the product. However, sometimes, such requested changes may result in a misrepresentation or introduce errors. The brand may also ask you to make a statement that may misrepresent who you are or conflict with your integrity.
You must have the right not to fulfil such requests of the brand if you feel uncomfortable with those changes.
That’s why you need an editing rights disclaimer stating that:
The brand agrees not to request any edits or modifications to the content that could misrepresent the Influencer or your work, integrity, or personal brand.
You disclaim any liability for changes made to the content at the request of the brand, including, but not limited to, edits that may introduce errors, misrepresentation, or otherwise negatively impact the content’s authenticity, quality or intent.
The other 6 must-have disclaimers
Now, you know about 7 of the 13 must-have disclaimers for your social media influencer contract.
Find out about the other 6 essential disclaimers for you in this blog post: 13 Crucial Disclaimers Every Influencer Must Have in a Social Media Influencer Contract Template (Part 2).
Other key protections you must include in any simple social media influencer contract
Now, you know about all the key disclaimers you need in your social media influencer contract. But there are other key protections you need, such as indemnities, limitations, termination and suspension rights, payment protections, and scoping terms.
Learn more about all the other key protections Instagram influencers need in a social media influencer contract in this blog post on the 9 Key Scoping Terms Every Instagram Influencer Agreement Template Must Have for Influencers.
Learn about all the key protections YouTubers need in 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.
The ultimate social media influencer contract template free of fluff
Want to have a social media influencer contract template that includes all the disclaimers (and other crucial protections) you need as an influencer?
I have created the ultimate influencer-friendly social media influencer contract template free of fluff for influencers like you!
Learn more about my social media influencer contract on this page of my contract shop!
This post was all about the must-have disclaimers every social media influencer contract must include for influencers to safeguard their time, creativity, and money.
Want to know what to do when a brand presents a social media influencer agreement pdf to you? Read this blog post on the 7 Key Things Influencers Must Consider Before Signing Sponsorship Contracts.
Learn more about the other key protections any Instagram influencer must include in a social media influencer contract in this blog post on the 9 Key Scoping Terms Every Instagram Influencer Agreement Template Must Have for Influencers.
Looking for a social media influencer contract template that includes all the essential disclaimers and indemnities you need? Learn more about my template on this page of my contract shop!
