Influencer Contract Template — Content Creation & Usage Rights
Define content requirements clearly, establish usage rights, and protect both parties with a contract built for influencer marketing partnerships.
Contract Template
1. Parties & Agreement
Identifies the influencer and brand entering into an influencer marketing partnership.
This Influencer Marketing Agreement ("Agreement") is entered into as of [DATE]:
Influencer: [INFLUENCER NAME], located at [ADDRESS], with [PLATFORM] following of [X] followers ("Influencer")
Brand: [BRAND NAME/COMPANY], located at [ADDRESS] ("Brand")
This Agreement governs influencer marketing services and content creation described below.2. Campaign Scope & Deliverables
Specifies campaign requirements, content deliverables, and platforms.
Campaign: [CAMPAIGN NAME/DESCRIPTION] Product/Service: [PRODUCT DESCRIPTION] Deliverables: - [X] Instagram posts - [X] Instagram stories - [X] Reels/TikTok videos - [X] YouTube videos (if applicable) - [OTHER PLATFORMS/CONTENT] Content Requirements: - Must feature [PRODUCT/SERVICE] - Must include [KEY MESSAGING/REQUIREMENTS] - Must comply with brand guidelines Timeline: Content to be posted between [START DATE] and [END DATE]
3. Content Creation Fee & Payment
Defines content creation payment and payment schedule.
Content Creation Fee: $[AMOUNT] Payment Schedule: - 50% ($[AMOUNT]) due upon signing - 50% ($[AMOUNT]) due upon content approval and posting Payment Terms: Net [X] days from invoice Additional Deliverables: - Additional posts: $[RATE] per post - Additional stories: $[RATE] per story set - Rush delivery: $[RATE] additional fee Product/Service Value: [If product provided, value is $[AMOUNT]]
4. Usage Rights & Licensing
Establishes content usage rights and licensing terms.
Content Ownership: Influencer owns all content created
Brand receives license to use content as follows:
- Original Post Period: [X] months from posting date
- Usage Rights:
- Repost on Brand's social media accounts
- Use in Brand's marketing materials
- [OTHER USAGE RIGHTS]
Extended Usage Rights (Additional Fee):
- Usage beyond [X] months: $[AMOUNT] per additional [X] months
- Use in paid advertising: $[AMOUNT] additional fee
- Use on other platforms: $[AMOUNT] additional fee
- Use in other media (TV, print): Quoted separately
Brand may not edit content without Influencer approval5. FTC Disclosure & Compliance
Establishes FTC disclosure requirements and compliance obligations.
FTC Disclosure Required: - All sponsored content must include clear disclosure - Required hashtags: #ad, #sponsored, or #[BRAND]partner - Disclosure must be visible and not hidden - Disclosure required on all platforms Compliance: - Influencer will comply with FTC guidelines - Brand will review content for compliance before posting - Both parties responsible for compliance Content that doesn't meet FTC requirements may be rejected Influencer must disclose relationship in a clear and conspicuous manner
6. Content Approval & Revision Process
Defines content approval workflow and revision limits.
Content Approval Process: - Influencer will submit content for Brand review [X] days before posting - Brand will review and provide feedback within [X] business days - [X] revision rounds included per piece of content - Additional revisions: $[RATE] per revision Approval Criteria: - Content meets brand guidelines - FTC disclosure included - Product/service featured appropriately - Key messaging included If content rejected after [X] revisions: Brand may cancel, Influencer keeps 50% fee Approved content may not be changed without Brand approval
7. Exclusivity & Category Restrictions
Establishes exclusivity terms and competing brand restrictions.
Exclusivity Period: [X] months from campaign start date During exclusivity period, Influencer agrees not to: - Promote competing brands in [CATEGORY] - Promote products/services that directly compete with Brand Competing Brands: [LIST COMPETITORS OR CATEGORY] Influencer may work with non-competing brands Violation of exclusivity: Brand may terminate and require fee refund After exclusivity period: No restrictions
8. Performance Metrics & Expectations
Sets performance expectations while clarifying that metrics are estimates, not guarantees.
Expected Performance (Based on Historical Data): - Reach: Approximately [X] impressions per post - Engagement: Approximately [X]% engagement rate - Clicks: Approximately [X] clicks per post Performance Metrics: - Influencer will provide analytics [X] days after posting - Metrics include: impressions, reach, engagement, clicks Important: - Performance metrics are estimates based on historical data - Actual performance may vary due to algorithm changes, timing, etc. - Influencer cannot guarantee specific performance metrics - Payment is for content creation, not guaranteed performance Brand understands that social media performance is variable
9. Content Guidelines & Brand Requirements
Defines content requirements and brand guidelines.
Content Must: - Feature product/service authentically - Include key messaging points: [LIST MESSAGING] - Comply with brand guidelines (provided separately) - Be original content created by Influencer - Be appropriate for brand's target audience Content Must NOT: - Include controversial or offensive content - Feature competing products - Make false or unsubstantiated claims - Violate platform terms of service Brand will provide: - Product/service for review - Brand guidelines and key messaging - Approved hashtags and mentions
10. Termination & Cancellation
Allows termination with notice and defines cancellation terms.
Either party may terminate with [X] days written notice If Brand cancels before content creation: - No payment due if cancelled within [X] days of signing - 50% fee due if cancelled after content creation begins If Influencer cancels: - Influencer must refund any payments received - Brand may seek replacement influencer If Brand cancels after content approval: - Full fee due - Content ownership and usage rights as specified Termination does not affect usage rights for already-posted content
11. Intellectual Property & Ownership
Establishes content ownership and intellectual property rights.
Content Ownership: - Influencer owns all content created - Influencer retains right to use content in portfolio - Brand receives usage license as specified in Section 4 Brand Intellectual Property: - Brand owns brand name, logos, trademarks - Influencer may use brand IP only for campaign purposes - Influencer may not use brand IP after campaign without permission User-Generated Content: - Comments and engagement remain property of platform/users - Brand may not claim ownership of user comments
12. Limitation of Liability
Limits liability for both parties and clarifies service scope.
Influencer's liability limited to total fees received under this Agreement Influencer not liable for: - Performance metrics below estimates - Algorithm changes affecting reach/engagement - Negative comments or reviews - Indirect, consequential, or punitive damages Brand's liability limited to total fees paid under this Agreement Neither party guarantees business results or sales Both parties understand that social media performance is variable
13. Signatures
Executes the influencer marketing agreement with dated signatures.
Both parties agree to the terms above. Influencer: _________________ Date: _________ Brand: _________________ Date: _________
Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. We recommend having a qualified attorney review any contract before use to ensure it meets your specific needs and complies with applicable laws in your jurisdiction.
Pro Tips
- Separate creation fees from usage rights—they're different things
- Include FTC disclosure requirements—it's the law
- Set realistic performance expectations—metrics vary
- Define exclusivity clearly—protects brand investment
- Establish content approval process—prevents endless revisions
- Clarify usage rights—extended usage costs extra
Key Features of This Contract
Content Creation vs Usage Rights Pricing
Separates content creation fees (one-time payment for creating content) from usage rights fees (licensing content for extended use beyond original post). Brands pay for creation; extended usage (repurposing, advertising, longer licensing periods) costs extra. This allows influencers to monetize content multiple times and ensures brands pay appropriately for how they use content. Prevents brands from assuming unlimited usage rights when they've only paid for creation.
FTC Disclosure & Compliance Requirements
Establishes FTC disclosure requirements (hashtags like #ad, #sponsored) and compliance obligations for both influencer and brand. Defines where disclosures must appear and ensures both parties understand legal requirements. Protects both parties from FTC violations and ensures transparent sponsored content. Includes provisions for brand to review content for compliance before posting.
Content Approval & Revision Process
Defines content approval workflow, revision limits, and what happens if content is rejected. Establishes timelines for brand review and feedback. Prevents endless revision cycles while ensuring brands maintain quality control. Includes provisions for what happens if approved content needs changes after posting (rare, but possible).
Exclusivity & Category Restrictions
Prevents influencers from promoting competing brands during campaign period and defines category restrictions (e.g., can't promote other fitness brands). Establishes exclusivity period and scope. Protects brand investment while allowing influencers to work with non-competing brands. Includes provisions for what happens if influencer violates exclusivity.
Performance Metrics & Deliverables
Defines expected deliverables (number of posts, stories, reels) and performance metrics (reach, engagement, impressions). Clarifies that metrics are estimates based on historical performance, not guarantees. Influencers can't guarantee specific results as algorithms and audience behavior vary. Sets realistic expectations while establishing clear deliverables.
Content Ownership & Repurposing Rights
Establishes who owns content and what repurposing rights brands have. Typically, influencers own content but grant brands usage rights. Extended usage (beyond original post period, in advertising, on other platforms) requires additional licensing fees. Protects influencer ownership while giving brands appropriate usage rights for their investment.
Frequently Asked Questions
Should I guarantee specific performance metrics?
No. Social media performance depends on algorithms, timing, audience behavior, and many factors outside your control. Your contract should state that performance metrics are estimates based on historical data, not guarantees. You're paid for content creation, not guaranteed results.
What if the brand wants to use my content in advertising?
Extended usage (beyond original post, in paid advertising, longer licensing periods) should cost extra. Your contract should separate content creation fees from usage licensing fees. Brands pay for creation; extended usage requires additional licensing fees. This allows you to monetize content appropriately.
Do I need FTC disclosures?
Yes. FTC requires clear disclosure of sponsored content. Your contract should require #ad, #sponsored, or similar disclosures on all platforms. Both you and the brand are responsible for compliance. Content without proper disclosure may be rejected or could result in FTC violations.
What if the brand wants unlimited usage rights?
Unlimited usage rights should cost significantly more than standard usage. Your contract should define standard usage period (e.g., 6-12 months) and charge additional fees for extended usage, paid advertising use, or use on other platforms. Don't give away unlimited rights for creation fees.
Can I work with competing brands?
It depends on your exclusivity terms. Your contract should define exclusivity period and category restrictions. During exclusivity, you typically can't work with direct competitors. After exclusivity ends, you can work with anyone. Exclusivity protects brand investment but limits your opportunities.
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