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It's no secret that most brands are writing contracts intended to mostly benefit themselves. And while influencer marketing platforms are often touted as a way to get your foot in the door working with big brands, they may not always have what's best for you as a creator in mind either. While the opportunities may be easier to acquire by simply going with whatever you are given by the brand/agency, are they worth it?
In order to help you protect your work and get the 💸 you deserve, we have compiled a few terms to be on the lookout for when reviewing contracts for partnerships and platforms!
DISCLAIMER: This is not legal advice and these flags are not meant to be a comprehensive list. Please consult a contract attorney for legal advice about contract terms.
Content ownership
When reviewing influencer contracts, know who owns the content! Some terms may be added, such as work made for hire, that indicate the brand owns the content after you have created it. This limits your power to benefit financially from the content in the future, as you no longer own the content you have created.
Licensing/Perpetuity
Licensing is another important factor to be aware of when reviewing contracts as it can be a big revenue generator for creators. If a brand is given a perpetual license to your content, then you will not be able to earn additional revenue based on how long they choose to use that content.
Willa Tip💡: Make a list of Non-negotiables when it comes to contract terms so you know when to walk away from a negotiation. We recommend walking away when a brand won't budge on removing perpetuity from contracts.
Exclusivity
Exclusivity prevents you from working with other brands for a certain period of time, most often the brand's direct competitors. Given that most people know nobody exclusively uses one brand, it is always worth asking if the exclusivity clause can be removed. If not, make sure that you are compensated for the potential loss of future partnerships. In addition, avoid ambiguous terms like “competitors” in the contract language regarding exclusivity. Instead, aim for explicit terms on brands you cannot work with during the exclusivity term.
Long-Term Contracts
Long-term contracts can be great as they provide a stable income for creators. One thing to consider when looking at long-term contracts is your potential for growth. Be sure to factor this in when pricing and consider adding a clause should you encounter a large amount of growth during the contract period.
The Deliverables/Creative Guidelines
Verify that the deliverables agreed upon in your discussions are the same as what is placed within the contract. Make sure any contract includes the deliverables and clear guidelines for any specific creative requests from the brand. These may be delivered separately from the contract such as in a campaign brief or attached SOW.
Payment
When reviewing contracts, don't forget to check the time frame of payment (is it Net30/60/90?), who covers potential fees incurred by payment processing softwares, and how you will be paid. In addition, it never hurts to add a late payment fee in the event a client is late on their payment.
Willa Tip💡: If you want faster payments and to avoid worrying about late payments, we’re here to help 😉 simply send your invoice through Willa and get paid right away!
Reshoots
Be cognizant of terms regarding reshoots. Not only do reshoots take time, but they also require precise planning to avoid having to redo an entire concept for a campaign as everything from your nail color and hairstyle need to be the same! While re-shoots related to not following a campaign brief are one thing, reshoots should be kept to a minimum as they take more of your time that could be spent on other partnerships. Consider adding a reshoot fee to your contract should they end up being required.