13 Crucial Disclaimers Every Influencer Must Have in a Social Media Influencer Contract Template (Part 2)
Are you an influencer? I’m sharing the crucial disclaimers any social media influencer contract template should (but often does not) have for SM influencers to protect their money and energy.
Making money from brand sponsorships is the ultimate dream, but if you’re anything like me, you want to make sure you don’t have to lose money or spend extra time on brand deals. As a lawyer myself who drafts influencer contracts for creators and influencers like you, I am giving you every key disclaimer you need in your social media influencer contract template to protect yourself from brands.
You will learn about the crucial disclaimers every influencer should have in a social media influencer contract template, which you can include in your influencer contract template so that you have a social media influencer contract template free of risks.
After learning about all these crucial disclaimers, you will thrive with your brand deals while protecting your time, money, and creativity.
This post is all about the crucial disclaimers any social media influencer contract template should have to protect your time, money, and creativity.
Ultimate Social Media Influencer Contract Template
Every must-have disclaimer for a social media influencer contract template free of risks
This blog post is Part 2 of the 2-part series on the 13 crucial disclaimers every influencer must include in a social media influencer contract template.
In this blog post, I’m disclosing 6 of the 13 must-have disclaimers.
To find out more about the first 7 disclaimers, read Part 1 here: 13 Must-Have Disclaimers for Influencers in a Social Media Influencer Contract (Part 1).
Now, let’s get into the next 6 must-have disclaimers for your social media influencer contract template!
8. Product appearance disclaimer
If you’re showing a brand’s product in the sponsored content, then you must have a product appearance disclaimer in your social media influencer contract template.
If the brand provides you with a product that has defects or discrepancies, then that’s the brand’s fault.
You should not be held responsible for any defects or imperfections that appear in your content. You should also not be required to inspect or fix the product.
That is why you need a disclaimer in your social media influencer contract template that states the following:
You are not responsible for any perceived imperfections or negative feedback regarding the brand’s products depicted in the content.
The brand is responsible for ensuring the products are in suitable condition for creating the content and assumes all responsibility for product quality.
You are not responsible and disclaim liability for any imperfections in the product, including, but not limited to, any defects, deficiencies, or discrepancies between the product’s actual and promoted quality or for inspecting the products for any imperfections.
9. Colour accuracy disclaimer
Another disclaimer you should have in your social media influencer contract template if you’re promoting a brand’s product is a colour accuracy disclaimer.
A product colour can look different depending on multiple factors, such as the camera you use, daylight, and screen settings.
Thus, your content may not accurately depict the product’s colour in real life.
But that should not be grounds for the brand to demand that you refilm your content or edit your content until the colour is exactly right in their opinion.
That’s why you need a disclaimer in your social media influencer contract template that states the following:
The brand acknowledges that colour accuracy may vary between the content and the actual appearance of the products.
You do not represent, warrant, or guarantee colour matching due to differing lighting conditions, camera settings, screen displays, or other variables.
10. Platform algorithm disclaimer
Another key disclaimer for your social media influencer contract template is a platform algorithm disclaimer.
With the algorithm changing at all times, it is merely impossible to predict how well the sponsored content will perform. You can’t predict the visibility or reach (and, therefore, the engagement) of the sponsored content, and that includes technical issues (you know, when an entire platform, like Instagram, suddenly just breaks down).
That is why you must include a disclaimer in your social media influencer contract template that states the following:
The brand acknowledges that the visibility, reach, and engagement of the promotional content are influenced by the algorithms of social media platforms, which are beyond your control.
You disclaim any liability for fluctuations in content visibility, reach, or engagement metrics caused by changes to platform algorithms, technical issues, or other factors affecting platform performance.
11. Results & outcomes disclaimer
That brings me to the next crucial disclaimer for your social media influencer contract template: the results and outcomes disclaimer.
The brand chose to collaborate with you, knowing who you are and your social media account. The brand has chosen you based on your following and your reach. But there’s no guarantee that your sponsored content will perform as well as any other (sponsored) content you post. That depends on many different factors that are outside your control (and the fact that sponsored content generally does not perform as well).
Thus, the brand can’t have any expectations in relation to any results, including reach, engagement, actual conversions, etc. You should not be held to any results, especially not specific metrics. But I’ve even seen some brands set outcome/result thresholds for specific metrics in influencer contracts, which are unacceptable.
Thus, you must make this explicitly clear to the brand.
That’s why you need a disclaimer in your social media influencer contract template that states the following:
You will not be responsible for (1) any results or outcomes derived from the services or the content, including, but not limited to, engagement, clicks, sales, impressions, or reach, or (2) any decisions made by the brand or third parties based on the services or the content and/or any results and/or outcomes from the services or the content.
You do not represent, warrant, or guarantee any specific results or outcomes from the services or the content.
12. Third-party rights disclaimer
Another crucial disclaimer for your social media influencer contract template is the third-party rights disclaimer.
The brand could ask you to use (1) a soundtrack from a music artist, (2) wear a clothing item from a certain designer, or (3) use an item from a different brand with the brand’s item.
In those cases, you should not be held liable by such parties or the brand for third-party claims if they have never given their consent for that. You just have to trust that the brand has obtained the proper licenses or permission to use that third-party content in your sponsored content.
However, sometimes, the brand does not actually have the required third-party rights, and you could be met with hefty claims from such third parties. You should not be taking the blame when the brand has specifically asked you to use such third-party content or products!
Therefore, you need a disclaimer in your social media influencer contract template that states the following:
The brand acknowledges its responsibility to ensure that any third-party materials provided by the brand or requested by the brand to be used in the content, including images, music, or other media, are properly licensed or authorised for use.
You disclaim liability for any claims, damages, or losses arising from the inclusion of third-party content provided or requested by the brand.
13. Non-endorsement disclaimer
The last of the 13 disclaimers you should include in your social media influencer contract template is a non-endorsement disclaimer.
The mere fact that you agreed to promote a brand’s product does not mean that you endorse the brand or its products.
Even if you have tried the brand’s products for a few weeks or months before promoting those products, you do not know if you will actually love those products forever. Maybe the long-term effects of those products might be the complete opposite of what you experienced at the beginning.
Thus, you cannot personally endorse or guarantee the brand’s product’s quality, effectiveness, or the (long-term) benefits the brand claims its products have.
That’s why you need a disclaimer in your social media influencer contract template that states the following:
The content is created solely for the purpose of promoting the brand as part of the agreed collaboration.
The brand acknowledges that the content does not constitute your personal endorsement of the brand or its products.
You disclaim any personal guarantee regarding the quality, effectiveness, or benefits of the brand’s products or services, and the brand agrees not to imply such personal endorsement.
The other 7 must-have disclaimers
Now, you know about 6 of the 13 key disclaimers for your social media influencer contract template.
Find out about the first 7 crucial disclaimers you need in this blog post: 13 Must-Have Disclaimers for Influencers in a Social Media Influencer Contract (Part 1).
Other essentials for your social media influencer contract template doc
Now, you’ve learned about all the must-have disclaimers for your social media influencer contract template.
However, there are other essentials your influencer contract template should have, including indemnities (for third-party claims), limitations of liability, payment protections, termination and suspension rights, and scope boundaries.
Learn more about all the other key protections SM influencers must have in a social media influencer contract template in this blog post on the 9 Key Scoping Terms Every Instagram Influencer Agreement Template Must Have for Influencers.
Are you a YouTuber? Learn about all the niche-specific protections YouTubers must have 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 influencer contract template for influencers like you
Want a social media influencer contract template that includes all the disclaimers (and other legal essentials) you need as a social media
I have created an influencer-friendly social media influencer contract template free of fluff for SM influencers like you!
Learn more about my influencer contract template on this page of my contract shop!
This post was all about the crucial disclaimers every influencer must have in a social media influencer contract template to safeguard their time, creativity, and money.
Want to know what to do when a brand emails you first with a social media influencer agreement template pdf? Read this blog post on the 7 Key Things Influencers Must Consider Before Signing Sponsorship Contracts.
Learn more about the other essentials SM influencers must include in a social media influencer contract template in this blog post on the 9 Key Scoping Terms Every Instagram Influencer Agreement Template Must Have for Influencers.
Are you looking for an influencer-friendly influencer contract template with all the protections you need? Get the ultimate template on this page of my contract shop!
