Developing your influencer contracts isn’t as hard as most people make it. The truth is that it’s always a good idea to get a lawyer to help you create your contracts but signing a document that you create is also acceptable in a court of law.
The following are the basic requirements for any social media influencer contract:
- Parties To the Agreement – Include the legal names of the people subject to the contract terms, including their business name and entity type and address and contact information.
- Terms Of the Agreement – One way to put all the terms you’ve agreed to in the contract is to just list out by number each person’s responsibilities in order of importance.
- Timeline Of the Campaign – Dates and the timeline are imperative inclusions into any contract if you want it to be enforceable.
- Content Creation Expectations – Be very specific about what you’re expecting the influencer to create for your payment.
- Compensation Amounts – Describe not only how much but what signals the payment to take place and how it’ll be done. For example, you might want to pay them half up front, half after the campaign, or some other schedule.
- Advertiser Policies – Always include any policies that you want to have, such as not including bad language, grammar, and punctuation, as Facebook’s Advertising policy states.
- Confidentiality Agreements – If you have one, put it in the contract and be very specific.
- Non-Disclosure or Exclusivity Agreements – If there is something you don’t want to be disclosed, such as the private marketing stats you provided to them, make sure it’s in the contract. Likewise, if you don’t want the influencer recommending your competition, make sure to say so.
- Breach of Contract Clause – What happens if either party breaches the contract? If you describe what should happen now, it’ll make it easier should something go wrong.
- Governing Law – Always include which state, city, and county (or country) law’s will be the guiding force of this agreement should there be a disagreement.
- Signatures of All Parties – Don’t forget to get it signed. It doesn’t have to be notarized, but this can help. Using software to sign is also helpful.
Lawyers aren’t required to make contract legal, but they are required to know what you are permitted to put in the contract as you cannot contract illegal things. If you write an agreement on a napkin and sign it, it’s legal as long as the items put in the contract are also permitted. A self-designed contract is better than no contract, but it is advisable to seek help from an attorney or paralegal to perfect your arrangements.
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