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Better influencer marketing

Influencer Contracts: 11 Things To Include (+Free Contract Templates)

Better influencer marketing
12 min
read
May 27, 2022

Having a solid contract in place protects both marketers & creators. It ensures everyone knows what is expected of them, and prevents disagreements.

Where do you start, though? You’re a marketer, not a contracts lawyer. Plus, making every creator sign a contract adds friction to the onboarding process, and more admin work for you.

We’ve worked with hundreds of influencers, and hundreds of brands recruiting influencers too. I’ll let you in on everything we’ve learned about influencer contracts, and how to make using them as quick & easy as possible (for all parties).

Plus we’ve included 8 customizable contract templates, with recommended tools to use for getting e-signatures. Let’s start!

Is an influencer marketing contract strictly necessary?

A formal contract is advisable, but not 100% necessary in every case. Obviously, using a contract adds a little bit of time and friction to getting started.

You should always have a clear written agreement though. Even if it’s not a formal contract, just having a written record by email can be enough for smaller engagements.

For example, if you’re paying for a single post (or a short series of posts), or gifting a free product in return for promotion, you might choose to go with a simple written email agreement. That way you can move faster, and get initial tests off the ground without being bogged down by admin.

For more long-term & complex relationships (such as those with performance-based pay), you should use a contract. 

What happens when you don’t have a contract?

Without a contract, you increase the risk of things like:

  • Influencers simply not posting, or not following guidelines correctly
  • Confusion about payment amounts & terms
  • Extra back-and-forth later regarding permissions & rights

You also miss the chance to add beneficial clauses, such as exclusivity, preventing influencers from promoting your competitors to the same audience.

It simply opens up the possibility for disagreements or confusion later down the line.

What should be included in an influencer contract?

Here’s some of the recommended components of any influencer marketing agreement.

The content that should be produced

This section should clarify what is expected of the influencer in terms of content creation. That might cover:

  • The type of content (e.g. Post, Story, Reel)
  • The formats (image/video)
  • Volume & frequency of posts

You can also include brand guidelines for content, including requirements relating to design, copy, hashtags, and more. If there’s any kind of approval process for publishing partner content, state that here too.

Goals & KPIs

Make it clear what a successful campaign looks like, and which metrics you’re measuring.

That might be leads, sales, downloads, engagement, reach, or any other KPI depending on your goals.

If there’s a minimum quota for influencers to hit, that should be included here too.

Accessing data

If you want/need access to an influencer’s analytics data for measurement, make sure it is mentioned. This can come in various forms. You might ask to be granted admin access to Google Analytics or social media accounts, or perhaps simply receiving screenshot reports is sufficient. Whatever the process, write it down in advance.

Compensation

Make it clear here what the compensation will be (i.e. monetary, product, or something else). To prevent any misunderstandings, make sure to include:

  • The amount if monetary, and/or the value of any non-monetary compensation
  • The timing & frequency - when will the influencer be paid? Weekly? Monthly?
  • The currency - make sure everyone is on the same page. Pounds? Dollars? Euros?
  • The payment method - agree how payments will be made (e.g. bank transfer, PayPal)

Ownership & licensing

Address potential issues relating to intellectual property and content usage rights.

Who owns the content produced? It may be that the influencer owns the content, but grants permission for you to use it (or vice versa). There may also be restrictions, i.e. additional payments need to be made for certain uses, such as repurposing influencer content for website social proof or use in other marketing channels.

Other legal terms

Exclusivity

If you want to ask influencers to avoid working with your competitors, put it in writing here. Specify the terms & duration of the exclusivity.

Duration of contract

State how long this contract will last. Note that some terms may be different from others. For example, you might agree to work with an influencer for a fixed period of time, but then you may need to specify separately how long usage rights or permissions will last, for example. Or how long exclusivity lasts, as above.

Non-disclosure agreement (NDA)

Naturally, your business relationship is going to be known publicly. Still, there are things you may wish that the influencer does not disclose. For example, the campaign performance, the compensation, and any private company information.

FTC guidelines

Add in a statement clarifying that the influencer needs to follow FTC guidelines for ad disclosure. For example, including hashtags like #ad or #sponsored.

Termination

Give examples of some valid reasons for either party to terminate the influencer contract. This gives both sides a way out if the partnership isn’t working. Examples might be things like failure to provide the described service, or breaching any other terms of the contract. You could also allow for termination without reason, with reasonable prior notice. 

Force majeure

This is a standard contract clause which covers unexpected circumstances that prevents parties from fulfilling the contract. Typical examples would be a natural disaster, war, or a pandemic.

8 influencer agreement templates for different payment models

We’ve put together 8 influencer agreement templates to kickstart your creator relationships quickly. Here, you’ll find some basic email templates too. As mentioned earlier, you may opt for simply writing down your terms in an email, rather than formally signing a document.

There’s also a general boilerplate which can be used as a starting point, and downloadable templates for a variety of influencer compensation models.

How to use these templates

To use any of these influencer contract templates, click on the Google Doc links. You can either click File → Make a Copy and use it as a Google Doc, or download it as a PDF. 

If you want to collect an e-signature, you can upload the PDF to an e-signing tool like PandaDoc. If you’re using PandaDoc, you should delete the this table at the bottom before uploading:

Instead, after uploading, you’ll be given the option to drag in fields for inputting a name, date, and e-signature before you send to your recipient(s).

1. General influencer contract template

If you’re looking for a general template to build on, start with this one. It covers all the essential sections mentioned above, and highlights where you can customize to suit your needs.

All of the contract templates below are variations of this one, tailored to suit different agreements.

Get this template, or copy & paste below. Keep scrolling down find tailored variations of this for specific types of collaboration.

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This Creator Agreement (‘’Agreement’’) is entered into and made effective as of (DATE) between the (YOUR COMPANY) (the ‘’Customer’’) as represented by (YOUR NAME) and (CREATOR’S NAME) (the ‘’Creator’’) for the purpose of setting forth the exclusive terms and conditions by which the Customer desires to acquire certain services from the Creator. 

In consideration of the mutual obligations specified in this Agreement, the parties agree to the following:

Scope of Services

The Creator agrees to perform set services set forth in this Agreement. These services include (post type + platform) each month to promote the Customer. The Creator will use (specify which hashtags, mentions or tags they have to use). The Creator will be compensated (add amount, currency and other details based on their compensation model). The payment will be executed (add details about payment date or schedule). The Customer hereby appoints the Creator as its representative on a non-exclusive, non-employee basis to endorse and promote its services to their audience. 

Term

This Agreement shall have an initial term of (date or period) and shall automatically renew for additional (date or period) unless either party provides thirty days prior written notice of its intention of non-renewal. 

Deliverables

The Creator will deliver the agreed number of posts on the agreed platforms on behalf of the Customer according to the delivery schedule agreed by both parties. The Services shall conform to the specifications and instructions of the Customer as outlined in detail in the attached (point to a document, like Creator Content Brief), abide by the rules of the relevant social media platforms, and are subject to the Customer's requirements, acceptance and approval. The Customer has a maximum of (number of days) to reject any deliverable in accordance with this Section and must notify the Influencer within (number of days) of receipt of work that additional revisions and/or amendments will be requested. 

The Creator’s content will be collected by the Customer using a third party tool. The Creator is required to report to the Customer presenting all collected data about (specify which metrics will be needed) from social platforms where the content is posted (period or date).  

The Creator agrees to avoid mentioning the following agreed competitors of The Customer: (name or names). The Creator agrees to abide by all guidelines set in the Brand Rule Guidelines. All content should be in good taste and free of inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.

Compensation

In full consideration of the Creator’s performance, their obligations and the rights granted herein, the Creator shall be paid the amount agreed upon between the parties. The Creator will perform the services at their own expense and use their own resources and equipment. The Creator acknowledges that the agreed upon compensation represents the Creator’s entire compensation with respect to this agreement and the Customer shall have no other obligation for any other compensation to or expenses or costs incurred by the Influencer in connection with the performance of its obligations under this agreement.

Payment Terms

Payment will be made to the following details as provided by the Creator every month on the first Monday. 

FULL NAME: XXX 

ADDRESS: XXX

IBAN: XXX

Creator is responsible for all taxation of their income in their home country (including social tax, income tax and other taxation which is regulated and required by the Creator’s home country). The company is not responsible for any taxes related to the payment and all liability for unpaid taxes or other fees is adopted by the Creator.

Exclusivity Details

Creator grants Customer a non-exclusive, royalty-free, worldwide, perpetual and irrevocable license in Creator and third-party Pre-Existing Intellectual Property, to the extent such Pre-Existing Intellectual Property is incorporated into any Deliverable, with the license including the right to make, have made, sell, use, reproduce, modify, adapt, display, distribute, make other versions of and disclose the property and to sublicense others to do these things. 

Disclosures and compliance with FTC Guideline

When publishing content about the Customer’s products or services, the Creator must clearly disclose their “material connection” with the Customer, including the fact that the Creator was given any consideration, was provided with certain experiences or is being paid for a particular service. The above disclosure should be clear and prominent and made in close proximity to any statements that the Creator makes about the Customer or the Customer’s products or services. Please note that this disclosure is required regardless of any space limitations of the medium, where the disclosure can be made via Hashtags, e.g., #sponsored. The Creator’s statements should always reflect the Creator’s honest and truthful opinions and actual experiences. The Creator should only make factual statements about the Customer or the Customer's products which the Creator knows for certain are true and can be verified.

Cancellation

Either party may terminate this agreement upon (number of days) prior written notice if the other party breaches this agreement and does not cure such breach within such period. In addition, in the event that the Creator has breached this agreement, the Customer may (i) immediately suspend, limit or terminate the Creator’s access to any Customer’s account and/or (ii) instruct the Creator to cease all promotional activities or make clarifying statements, and the Creator shall immediately comply. Either party may terminate this agreement at any time without cause upon thirty days prior written notice to the other party.

Force Majeure

Neither Party shall be liable for any failure to perform under this Contract when such failure is due to causes beyond that Party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy. In the event of such delay the date of delivery or time for completion will be extended by a period reasonably necessary by both Creator and Customer. If the delay remains in effect for a period in excess of (number of days), Customer may terminate this Contract immediately upon written notice to Creator or vice versa. 

[Creator’s name]:

Date:

Signature:

[Company name]:

Title:

Date:

Signature:

---

2. Gifting: simple written email agreement

If you’re gifting a free product as the only compensation for an influencer’s services, it can feel like unnecessary friction to ask for a formal contract to be signed.

Instead, you could choose to simply copy/paste this email template, and edit it to suit you. That way, you still have a clear written record of the agreement, but it’s quicker & easier for both parties to proceed.

I’d advise you to accompany this with a friendly greeting! Edit the bold sections, and others, as needed.

“The terms of this partnership are as follows. Company name will send product to your address at 123 Cool Kid Road, USA. In return, you'll post 1 instagram photo on your @handle page, mentioning @BRAND NAME and displaying the product, sometime before DATE. By agreeing to the terms, we have your full permission to use your content on our website and social media channels in the future.”

3. Gifting: contract template

If you prefer to have a formal contract for gifting, use this one.

Get this template

4. Pay per post: simple written email agreement

Similar to gifting, if you’re making a one-off deal to pay for a post, a formal contract might seem overkill. Here’s an email template you can customize.

“The terms of this partnership are as follows. You'll post 1 instagram Reel on your @handle page, mentioning @BRAND NAME. Before posting it on DATE, you will send it to us 2 days before to review and accept. In return, we will pay you 123 US Dollars the following day after the post. By agreeing to the terms, we have your full permission to use your content on our website and social media channels in the future.”

5. Pay per post: contract template

And here’s a contract for the above too, if you prefer.

Get this template

6. Performance-based pay: contract template

If you’re paying based on the number of sales/customers generated, or some other conversion (e.g. free trials, newsletter signups, app downloads etc.), you can use this template.

Get this template

7. Content licensing: contract template

If you’re paying a creator for the rights to reuse their content on your own channels/website, you can use this template.

Get this template

8. Paid events & travel: contract template

If you’re partnering up with a creator for an event, or compensating via covering travel & accommodation costs, you can use this template.

Get this template

Free & paid tools for e-signing influencer contracts

To speed up the process of getting influencer contracts signed, you can use an e-signing tool. Here’s a few you can try.

1. PandaDoc

Pricing: Free forever version available. Paid plans from $29/month.

PandaDoc is a great option if you’re looking for a completely free tool to send documents & get influencer e-signatures quickly.

You can upload your own document, and get unlimited sending for free. The catch with the free plan is that you can’t use their templates, or create a document using their editor. You can either choose to upload an existing file (it supports .pdf, .png, .jpg, .jpeg and .docx), or pay the $29/month to get access to the document creation tool & templates.

For a no-cost solution, our recommendation is to use one of the templates above uploaded into PandaDoc’s free plan.

Sign up for PandaDoc here.

2. Jotform

Pricing: Free forever version available. Paid plans from $29/month.

Jotform is a multipurpose form builder & management tool. Influencer contracts are one of the many use cases.

You can make & send forms, and the recipient can e-sign using a mouse or finger/stylus.

Jotform has a big library of contract templates, and there’s a customizable one available for influencer contracts too. You can upload your own PDF, use their template, or use their tool to build one from scratch.

There’s a good free version with up to 5 different forms, and 100 total submissions (with Jotform branding). To get more forms/submissions and remove Jotform branding, paid plans start from $29/month.

Sign up for Jotform here.

3. DocuSign

Pricing: From $10/month. Free trial available.

DocuSign is one of the most popular tools out there for e-signing.

With DocuSign, there’s no free version, but there’s a 30-day trial, and paid plans from around $10/month. However, the entry plan is limited. To get multiple user seats, branded documents, and enough documents sent per month, you’ll pay around $25/month.

It’s a pretty affordable way to get professional-looking branded influencer contracts, and the signing experience for the recipient is free & quick.

Sign up for DocuSign here.

4. Signaturely

Pricing: Free version available. Paid plans from $20/month.

Signaturely is an alternative to the popular tools in this space like DocuSign & PandaDoc. They offer a limited free version with 3 signature requests per month, which is enough to give it a try with your first influencers.

Like the other tools, you simply upload your influencer contract, and hit send. Recipients can use their signature maker tool to type or draw their name as an e-signature.

Paid plans are slightly cheaper than the tools above, starting at $20 with unlimited signatures per month.

Sign up for Signaturely here.

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