As a social media influencer, it’s important to be aware of the key points to consider when entering into brand contracts. These agreements can be complex, with many different terms and conditions to consider. In this blog post, we’ll discuss some of the most important things to be aware of when negotiating with brands, including timing, rights, payment terms, credit and attribution, and legal considerations.
Timing is Everything
One of the first things to consider when entering into a brand contract is timing. Make sure you allow yourself enough time to fully read and understand the terms of the agreement before signing anything. If you’re unsure about any aspect of the contract, ask for clarification or seek the advice of a lawyer or trusted advisor. It’s also important not to sign a contract if it’s not in your best interest, or if the terms are unclear or confusing.
Know Your Rights
As an influencer, it’s important to be aware of your rights when working with brands. Remember that written contracts are legally binding, and you can’t break the terms of a contract simply by saying you won’t follow through on your end of the agreement. Verbal agreements can also be legally binding, so be careful about what you say and do when working with brands. In some cases, you may be able to get out of a contract if the brand breaches their end of the deal, for example by failing to pay you or not fulfilling their obligations under the agreement. However, it’s important to note that even if you’re no longer being paid by a brand, they may still hold certain rights over the content you create for them. Be sure to check for usage rights in your contracts to ensure that you retain control over your content.
Payment
Hopefully, you are not doing all this hard work for nothing and wish to be compensated for your work. The goal should be to get paid. Make sure you consider the following three points in order to avoid delays in payment. The important points to cover in regards to payment are:
- Be clear as to which currency you want to be paid. This is especially important if you are located in a different country as the client.
- Be clear with the payment schedule so that you will be paid on time. It is a good tip to also include at what point payment is expected, for example if it is 30 days after approval of content.
- And finally, make sure you’re being compensated for all types of use of your content, including on social media and in marketing materials. There might be a different fee for if the content is being used on the brand’s social media page as opposed to print materials.
Credit and Attribution
It’s important to give credit where credit is due, and this applies to brand collaborations as well. Make sure that the brand you’re working with is giving you the credit you deserve for your contributions to the project. This can include things like mentioning your name or logo in their marketing materials, or providing a link back to your social media profiles. As an influencer, it’s also important to ensure that everyone involved in the project is credited for their contributions.
A Lush Legal Landscape
There are a number of different types of contracts that you may be asked to sign when working with brands. The most common is the flat rate contract, which pays a fixed fee for posting about a product or mentioning it in a video or blog post. Other types of contracts include exclusive use agreements, which prohibit you from using other brands’ products while the agreement is in effect; and rights of publicity contracts, which allow brands to use your image or likeness in their marketing materials. It’s important to understand the terms of any contract you’re asked to sign, and to seek the advice of a lawyer or trusted advisor if you have any concerns.
In conclusion, it’s important for influencers to be aware of their rights and to understand the terms of their brand contracts before signing on the dotted line. This includes understanding the timing of the contract, knowing your rights as an influencer, and paying attention to the details of the compensation, credit, and attribution. It’s also important to be aware of the different types of contracts that may be offered, and to consider working with a lawyer or other professional to review and negotiate the terms of the agreement. By taking the time to understand these key points, influencers can ensure that they are entering into a fair and mutually beneficial partnership with their brands.
If you have any questions or need access to a lawyer, Bloomie can help!
