13 Must-Have Disclaimers for UGC Contracts (to Protect Creators) (Part 1)
Are you a UGC creator? I’m sharing the essential disclaimers all UGC contracts must have to protect UGC creators to protect their time, money, and creativity.
Earning an income from UGC is a 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 UGC contracts for creators like you, I am giving you all the crucial disclaimers you must include in your UGC contracts to safeguard yourself and your UGC business.
You will learn about the essential disclaimers you need in your UGC contracts, which you can include in any UGC contract for brands, so you’ll have all the protections you need in your UGC contracts template and enter UGC contracts free of risk.
After learning about all these must-have disclaimers, you will be able to fully focus on creating amazing UGC content while your time, money, and creativity are fully protected.
This post is all about the key disclaimers for UGC contracts for creators to protect their time, money, and creativity.
Best UGC Contracts
All the key disclaimers for any UGC contract for brands
This blog post is Part 1 of the 2-part series on the 13 must-have disclaimers for UGC contracts.
In this blog post, I’m sharing 7 of the 13 disclaimers.
For the other 6 crucial disclaimers, read my next blog post here: 13 Must-Have Disclaimers for Your UGC Contract (for the Creator) (Part 2).
1. Creative freedom disclaimer
The first and most relevant to a UGC creator is the creative freedom disclaimer, which states the following:
You retain full creative control over the production of the content, including, but not limited to, the style, tone, and artistic elements, unless otherwise specified in the brief.
The brand acknowledges that creative work is inherently subjective, and your professional judgment will prevail in matters of artistic expression.
You disclaim any liability for dissatisfaction arising from stylistic choices or creative interpretation in relation to the content.
This disclaimer protects your creative freedom by giving you full control over how the content is created, including style, tone, and artistic elements, unless a specific element is explicitly provided in the brief.
With this disclaimer in your UGC contracts, you ensure that your artistic integrity is protected and the brand can’t impose unrealistic or subjective changes.
It prevents common issues that UGC creators have with brands. For example, a brand might ask for a completely different style or tone that you are not comfortable with. Or, the brand could ask for changes over and over again based on subjective taste, making the project neverending.
2. Disclaimer for uncontrollable circumstances
With the disclaimer for uncontrollable circumstances in your UGC contracts, you will not be held responsible for any delays, cancellations, or interruptions due to any factors outside of your control, such as the following:
Bad weather (if you need to film outside or at a location outside of your home)
Defects in your camera or editing software
Internet or power outages
With this disclaimer in your UGC contracts, you will be protected from being blamed for delays caused by external factors outside of your control.
3. Errors & omissions disclaimer
Although you will make sure to correct any major mistakes in the content you create, you can’t always prevent minor errors.
That is why you need a disclaimer in your UGC contracts to avoid situations where the brand expects free edits for small issues that don’t really impact the content. For instance, a minor typo or formatting issue that doesn’t materially affect the final product should not require you to make free revisions.
You may, of course, agree to correct minor mistakes, but in that case, you should be compensated for that.
Thus, your errors disclaimer should state the following:
Minor errors or omissions will not warrant (re-)edits or revisions.
You are not liable for errors or omissions in the content.
If you agree to make additional edits upon the brand’s request, you reserve the right to determine the scope and extent of such edits, and you may charge additional fees.
However, you are never obliged to fulfil such requests.
4. Editing rights disclaimer
First, your contract should state that any edits to your content by the brand require your approval to protect your creative work, especially if your face is in it.
However, you could agree to grant the brand the right to make edits (I have alternative clauses for both situations in my UGC contract template).
For either case, you need to have an editing rights disclaimer in your UGC contracts stating the following:
If you grant the brand the right to make edits to your content, the brand may not make any modifications that could misrepresent yourself, your work, your integrity, or your personal brand.
You disclaim any liability for changes made by the brand to your content, including, but not limited to, edits that may introduce errors, misrepresentation, or otherwise negatively impact the content’s quality or intended purpose.
With this disclaimer in your UGC contracts, you ensure that your work won’t be altered in a way that could damage your reputation.
You’ll also avoid potential issues that may arise if the brand makes edits that mislead viewers or change the original message. For example, the brand might alter a video to include misleading claims about its product, which could lead to third-party claims you should not be held responsible for.
5. Third-party content disclaimer
The next must-have disclaimer for your UGC contracts is a third-party content disclaimer that states the following:
You are not liable for any claims, damages, or losses arising from the use of third-party materials included in the content, including, but not limited to, images, music, or other media.
The brand is responsible for securing any necessary licenses or permissions for third-party content.
This is not an influencer sponsorship. The brand is paying you to create content for the brand to use on its own platform. Thus, the brand should be responsible for anything it posts on its own platform, not you!
It’s the brand’s responsibility to obtain proper licenses for third-party materials used in your content.
This disclaimer ensures that you can’t be held responsible for any legal issues related to third-party content used in the content.
With this disclaimer in your UGC contracts, you avoid copyright infringement claims if the brand fails to obtain proper licenses for third-party materials. So, if you use a music track in a video (at the brand’s request) and that leads to a copyright dispute, you won’t be held responsible.
6. Content quality disclaimer
Another crucial disclaimer you must include in your UGC contracts is a content quality disclaimer stating the following:
The brand acknowledges that content quality is inherently subjective, and variations in style, tone, and creative interpretation may occur.
You make no representations, warranties or guarantees regarding the content’s quality, appeal, or suitability.
You disclaim any liability for the brand’s dissatisfaction arising from subjective quality assessments.
With this disclaimer in your UGC contracts, you make clear to the brand that you do not guarantee the quality, appeal, or suitability of the content, as the quality of content is subjective. It protects you from being held accountable for subjective quality assessments, such as a brand not liking the overall feel or tone of the content.
Without this disclaimer, you could face complaints or demands for rework if the brand is dissatisfied with content quality, even if the content meets market standards. For example, if the brand doesn’t like the tone of the content, the brand can’t demand free rework or claim the work is of poor quality.
7. Format & sizing disclaimer
Another essential disclaimer all UGC creators should include in their UGC contracts is a format & resizing disclaimer that states the following:
You will only provide the content in the size, format, and dimensions specified in the brief.
You are not responsible for matching, resizing, or adjusting the dimensions of the content to meet the requirements of any platform.
Any resizing or other changes to the content will be charged an additional fee.
With this disclaimer in your UGC contracts, the brand can’t ask you to do extra work for free, especially if the brand decides that it needs the content in different sizes or formats after the fact. It ensures that you are compensated for any extra work required to adjust the content.
You’ll avoid disputes over additional tasks that you did not agree to initially, such as resizing content for different platforms. For example, if a brand wants you to reformat an Instagram video for a different social media platform, and this is not specified in the brief, the brand would have to pay you an extra fee.
The other 6 disclaimers for UGC contracts
Now you know about 7 of the 13 disclaimers you need for your UGC contracts!
For the other 6 crucial disclaimers, read Part 2 of this blog post here: 13 Must-Have Disclaimers for Your UGC Contract (for the Creator) (Part 2).
Other protections you need to enter UGC contracts free of risk
Now, you know about all the disclaimers you need to protect your time, creativity, and money, but that’s not all you need. You need other legal protections in your UGC contracts, such as the following:
The right to suspend your work if the brand does not fulfil its obligations
The right to terminate your UGC contracts free of risk if brands don’t cooperate at all
Payment terms that ensure you get paid
Indemnities that protect you against third-party claims for copyright infringement
Learn about these and other protections you need in your UGC contracts in these blog posts:
5 Essentials Every Social Media Content Creator Contract Must Have for UGC Creators
7 Key Terms Every Content Creator Contract Must Have for Content Creators and Brands
5 Major Mistakes to Avoid in Your Content Creation Contract (If You Are a Content Creator)
The ultimate UGC contracts template
Want to have a UGC contract template that includes all the disclaimers and other protections you need?
I have created the ultimate UGC contracts template for all types of content creators like you!
When you buy my UGC contract template, you get TWO UGC contracts: a creator-friendly contract for creators and a brand-friendly UGC contract for brands!
Learn more about my UGC contracts on this page of my contract shop!
This post was all about the best disclaimers for UGC contracts for creators to safeguard their time, creativity, and money.
Want to learn how to earn more as a UGC creator? Read this blog post on the 6 Crucial Terms Every Content Creator Contract Template Needs to Generate MORE Income.
Make sure you don’t make the common mistakes other UGC creators make by reading this blog post on the 5 Major Mistakes to Avoid in Your Content Creation Contract (If You Are a Content Creator).
Looking for a UGC contract template that includes all the disclaimers and indemnities you need? Learn more about my template on this page of my contract shop!
