13 Must-Have Disclaimers for Your UGC Contract (for the Creator) (Part 2)
I'm sharing all the essential disclaimers every UGC creator must include in their UGC contract to safeguard their time, boundaries, money, and creativity.
Earning an income from brand deals as a UGC creator is a dream, but if you're anything like me, you want to ensure you don't get taken advantage of by brands or run the risk of losing your hard-earned cash. As a lawyer myself who has drafted every kind of UGC contract for UGC creators like you, I am sharing all the essential disclaimers you must include in your UGC contract to protect time, money, and creativity.
You will learn about all the key disclaimers you need in your UGC contract, which should be used in any UGC contract for brands and which you must include in your UGC contract template.
After learning about all these essential disclaimers for your UGC contract, you will be fully protected, and you can simply focus on creating amazing UGC content without running any risks.
This post is all about the crucial disclaimers you must include in your UGC contract to protect your time, boundaries, money, and creativity.
Ultimate UGC Contract
Every essential disclaimer for your UGC contract for brands
This is Part 2 of the 2-part series on the 13 must-have disclaimers to include in your UGC contract.
In this blog post, I'm disclosing 6 of the 13 crucial disclaimers for your UGC contract.
The first 7 of the 13 essential disclaimers are the following essentials:
Creative freedom disclaimer
Disclaimer for uncontrollable circumstances
Errors & omissions disclaimer
Editing rights disclaimer
Third-party content disclaimer
Content quality disclaimer
Format & sizing disclaimer
To find out more about these first 7 disclaimers, read Part 1 here: 13 Must-Have Disclaimers for UGC Contracts (to Protect Creators) (Part 1).
8. Content schedule disclaimer
A key disclaimer for your UGC contract is the content schedule disclaimer, which should state the following:
While you will strive to meet the deadlines specified in your UGC contract, specific delivery or posting schedules are not guaranteed.
You will not be held responsible or liable for (any consequences resulting from) the brand's failure to adhere to its posting schedule.
This disclaimer ensures that the brand can't hold you responsible for any delays in delivery or posting that could arise. You have agreed on certain delivery deadlines in your UGC contract, of course, but sometimes, a brand may want additional changes that will delay the delivery of the final product. That could result in the brand not meeting its own social media schedule. However, you should not be held responsible for that, as your UGC contract (at least, if you have a proper UGC contract template) states exactly when you will deliver the first draft and how many days it may take to deliver revised versions of the drafts.
With this specific disclaimer, you make that clear, and you will avoid being blamed for the consequences of not meeting the brand's tight deadlines, such as a missed launch.
9. Product appearance disclaimer
Another key disclaimer you should use if you are featuring a brand's product (and not solely a service) is a product appearance disclaimer.
If you are solely showcasing a brand's service, then this disclaimer won't be relevant. But since most UGC content you create will likely be showcasing a brand's product, you'll need a product appearance disclaimer in your UGC contract, which should state 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 for imperfections in products made available by the brand to you, 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.
With this disclaimer, you ensure that the brand can't hold you liable for flaws or defects in products shown in the content you create for the brand, like a small defect or a damaged part.
Ultimately, it's the brand's responsibility to ensure it provides you with a product without quality issues.
With this disclaimer in your UGC contract, you can't be blamed for any negative perceptions of the product because you were provided with a product that is defective or not in a presentable condition.
10. Colour accuracy disclaimer
Another crucial disclaimer you must include in your UGC contract if you are showcasing a brand's product in the content you create is a colour accuracy disclaimer 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.
A Brand might be unhappy if the colours of a product in your content don't match what's shown in real life. But you should not be held responsible for that, as colour accuracy can be affected by lighting, screen settings, and other variables.
Your camera may give a different hue to the product than that of the brand's own marketing department. Differences in software can create differences in the product's colour. Also, the lighting in your room will affect the representation of the product's colour.
With this disclaimer in your UGC contract, you are protected from being held accountable by the brand for minor variations in colour due to such digital or physical representations.
You'll avoid the risk of potential complaints or demands for rework due to colour discrepancies that are outside your control.
11. Creator appearance disclaimer
The next disclaimer you should include in your UGC contract if you are presented in the content.
If you are creating content without yourself in it, then you won't need this disclaimer. If you are a part of the content, however, you need a creator appearance disclaimer which states the following:
The brand acknowledges that your appearance may evolve and agrees that such changes do not constitute a breach of this UGC contract.
You disclaim any liability regarding your physical appearance, style, or any changes that may occur over time, including, but not limited to, your hairstyle, weight, clothing preferences, and personal style.
Everyone changes over time. Your weight will likely fluctuate and be a bit higher one month. Your hair colour may change (especially in the summer, when your hair can get a bit lighter, but you could also dye your hair). You could get a new tattoo or a piercing.
Thus, you can't be expected to remain exactly the same for the rest of your life.
This disclaimer ensures that the brand can't make complaints about appearance changes or even terminate the UGC contract for that reason.
12. Results & outcomes disclaimer
Every UGC contract must at least have this essential results and outcomes disclaimer that states the following:
You will not be responsible for:
any results or outcomes derived from the content, including, but not limited to, engagement, clicks, sales, or reach, or
any decisions made by the brand or third parties based on the content.
You do not represent, warrant, or guarantee any specific results or outcomes from the content.
How well your UGC content works for the brand depends on many factors outside of your control. You can't predict any measurable outcomes, such as engagement, sales, or the number of likes your content will get.
I've seen this more in brands' contracts for influencers, but I've also seen in some UGC contracts where the brand specifies that the content must reach a certain metric. That is unacceptable in influencer contracts, but especially in a UGC contract, as you are not even posting that content on your own platform.
With this disclaimer in your UGC contract, you avoid the risk of being blamed or even held liable if the content doesn't generate the brand's expected results. For example, if a campaign does not lead to an increase in sales or engagement, the brand can't hold you accountable for the lack of results.
13. No endorsement disclaimer
The last crucial disclaimer you must include in your UGC contract, especially if you are presented in the content, is a non-endorsement disclaimer, which should state the following:
The content is created solely for promotional purposes and does not constitute an endorsement of the brand's products or services by you.
Any opinions or statements made in the content are provided exclusively for the purpose of the agreed collaboration and do not reflect your personal views.
You disclaim any personal guarantee regarding the quality, effectiveness, or benefits of the brand's products or services.
This disclaimer protects you from being seen as personally endorsing a product or service that you may not genuinely support. Especially if you are also an influencer, you could run the risk of being associated with a brand's product that you don't personally believe in. After all, you likely haven't actually used those products before creating that content. So, if a brand's product receives negative feedback, you won't be linked to it as an endorser, protecting your personal reputation (even if you're just a micro-influencer).
The other 7 disclaimers for UGC contracts
These were 6 of the 13 essential disclaimers for your UGC contract. If you haven't already, make sure to read about the other 7 disclaimers, which you can find in this blog post: 13 Must-Have Disclaimers for UGC Contracts (to Protect Creators) (Part 1).
Other protections you need for UGC contracting
Now, you know about all the key disclaimers you need for your UGC contract. But that's not all you need to protect your UGC business.
Make sure you have all the protections you need in any UGC contract for brands in these blog posts:
7 Key Terms Every Content Creator Contract Must Have for Content Creators and Brands
5 Essentials Every Social Media Content Creator Contract Must Have for UGC Creators
5 Major Mistakes to Avoid in Your Content Creation Contract (If You Are a Content Creator)
The best UGC contract template to protect your UGC business
Are you looking for a UGC contract template that includes all the key disclaimers, indemnities, and other protections you need?
Get my creator-friendly UGC contract template that you can use for UGC deals with brands all around the world!
Learn more about my UGC contract for brands and creators on this page of my contract shop!
This post was all about the crucial disclaimers you must include in every UGC contract to protect your time, boundaries, creativity, and money.
Want to learn how to earn more with your UGC deals? Read this blog post on the 6 Crucial Terms Every Content Creator Contract Template Needs to Generate MORE Income.
Get the ultimate UGC contract template with all the disclaimers, protections, and money-making terms you need on this page of my contract shop!
