A solid influencer contract protects both brands and creators. Yet 43% of influencer partnerships operate without formal agreements, according to Influencer Marketing Hub. This guide covers everything you need to include—whether you're a brand or creator protecting your interests.
Essential Contract Sections
1. Parties & Campaign Overview
Identify all parties with legal names and contact information. Include campaign name, brand/product being promoted, and high-level objectives. This section establishes the foundation for the entire agreement.
- Brand legal entity name and address
- Influencer legal name (or company if applicable)
- Campaign name and description
- Products/services being promoted
- Target audience and key messages
Use full legal names, not brand names or social media handles. This prevents disputes later about who is actually bound by the contract.
2. Deliverables & Specifications
The most important section. Be extremely specific about what content is expected. Vague deliverables lead to disputes about what was promised versus what was delivered.
- Content type: Video, photo, Story, Reel, TikTok, etc.
- Quantity: Exact number of posts per platform
- Platform: Where content will be posted
- Format: Dimensions, length, orientation
- Posting schedule: Specific dates and times
- Minimum duration: How long content must stay live
- Caption requirements: Hashtags, mentions, links
- Brand assets: Logos, product shots to include
3. Timeline & Deadlines
- Contract effective date
- Content draft submission deadline
- Brand review/feedback period (typically 2-5 business days)
- Revision submission deadline
- Final approval deadline
- Posting dates/windows
- Campaign end date
- Reporting/analytics delivery date
4. Compensation & Payment
- Total compensation: Flat fee, commission, or hybrid
- Payment schedule: 50% upfront / 50% on completion is standard
- Payment method: Wire, PayPal, check, etc.
- Payment timeline: Net 15, Net 30, etc.
- Additional compensation: Bonuses for performance
- Expense reimbursement: If applicable
- Late payment terms: Interest or penalties
5. Content Usage Rights
This is where many disputes occur. Be crystal clear about what the brand can do with the content after posting.
- Organic usage: Brand reposts on owned channels
- Paid media rights: Using content in ads (usually costs extra)
- Duration: 3 months, 12 months, perpetual
- Territories: Worldwide or specific regions
- Modifications: Can brand edit the content?
- Whitelisting: Running ads from creator's account
Paid media/advertising rights typically cost 50-100% extra on top of the base rate. Perpetual rights should be 2-3x the base rate. Never assume usage rights are included without explicitly stating them.
6. FTC & Disclosure Requirements
- Requirement to disclose material relationship
- Approved disclosure language (#ad, #sponsored, "Paid partnership")
- Placement requirements (visible, not buried)
- Platform-specific disclosure tools
- Indemnification for non-compliance
7. Approval & Revision Process
- Number of revision rounds included (typically 1-2)
- Review timeline for each round
- What constitutes a "revision" vs. new content
- Final approval authority
- Process for emergency changes
- Cost of additional revisions beyond included
8. Exclusivity & Non-Compete
- Category exclusivity: Can't promote competitors
- Duration: During campaign + X days after
- Definition of competitors: Be specific!
- Compensation: Exclusivity usually costs 20-50% more
- Existing commitments: Grandfather in current deals
9. Termination Conditions
- Termination for convenience (with notice period)
- Termination for cause (breach, misconduct)
- Payment obligations upon termination
- Content removal requirements
- Return of materials/products
- Survival clauses (what remains in effect)
10. Additional Clauses
- Confidentiality: Campaign details, rates, strategies
- Morality clause: Conduct that can void agreement
- Force majeure: Unforeseeable circumstances
- Assignment: Can obligations be transferred?
- Governing law: Which jurisdiction applies
- Dispute resolution: Arbitration vs. litigation
Contract Checklist
Verify these items:
- All deliverables clearly specified with quantities
- Posting dates confirmed and realistic
- Payment amount and schedule agreed
- Usage rights scope and duration defined
- Exclusivity terms understood (if any)
- Revision rounds and process clear
- FTC disclosure requirements included
- Termination conditions fair to both parties
- Both parties' legal names correct
- Signatures from authorized representatives
Skip the Contract Hassle
When you work with OMB, we handle all creator contracts, payments, and compliance. You focus on results—we handle the paperwork.
Learn About Our ProcessFrequently Asked Questions
What should be included in an influencer contract? Essential elements: deliverables (content type, quantity, platforms), timeline and deadlines, compensation and payment terms, content usage rights, exclusivity clauses, FTC disclosure requirements, revision policy, termination conditions, and confidentiality agreements.
How long should content usage rights last? Standard usage rights range from 3-12 months for organic posting rights. For paid media/advertising usage, negotiate separately—typically 30-90 days with additional compensation (usually 50-100% of original fee). Perpetual rights should cost 2-3x the base rate.
What are FTC disclosure requirements for influencers? Influencers must clearly disclose material connections with brands. Required: #ad, #sponsored, or "Paid partnership" labels that are easily noticeable. Disclosures must be in the same language as the content and cannot be buried in hashtags or below "more" folds.
Should I include an exclusivity clause? Exclusivity prevents influencers from promoting competitors during your campaign. Standard exclusivity: same product category, 30-90 days. Expect to pay 20-50% more for exclusivity. Always define "competitors" specifically in the contract to avoid disputes.