The Influencer Brand Agreements Series: Overview

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The Influencer Brand Agreements Series: Overview

Nov 01, 2023

Our ninth minisode of the seventh season of “The Creative Influencer” podcast is available today for download on iTunes, Spotify, and premier platforms everywhere. In this minisode, Jon starts our in-depth discussion of influencer agreements and Brand deals. He starts with an overview of the steps of reviewing an influencer brand deal, then walks through the essential components and some of the legal sections to watch out for. In the minisodes to come, we will take a deep dive into each.


A transcript of the episode follows:

This is minisode nine of the seventh season of The Creative Influencer podcast. Today, we begin our multi-part deep dive into the key components of Influencer Brand Agreements.

First, we will discuss Contract Review, and the process for negotiating Brand deals. We’ll talk about the systematic approach I use to the review of all of the various agreements that are presented to influencers.

Then we will talk about the specific sections and deal terms in a Brand Agreement. These include the Parties, Compensation and how payment is made.

We will then review the heart of the contract -- the essence of the Brand deal itself. These are the deliverables required in the deal (such as the specific videos and posts needed) as well as the creative brief, which defines the project in more detail. Then, we will turn to content submission and review, and normal practices there.

Next, we will discuss sections about the use of the deliverables as well as the ownership and licenses of the deliverables. Does the influencer own the creative product, or the brand?

Then, we will get into some of the more legal sections, where we deal with term and exclusivity, termination of the agreement, content reach and analytics requirements by the brand. We also talk about how Brand agreements should include necessary FCC disclosures, and have a clearly defined morals and non-disparagement section protecting both the Brand and the influencer.

Next, we will spend a minisode talking about conflict resolution and the interplay of limitation of liability language in contracts and governing law. We will also discuss the effective use of representations and warranties and indemnification and confidentiality sections.

Finally, we will round this all out with a final discussion of some of the specific legalese to watch out for in an Influencer Brand Agreement.

For Contract Review, if we want to merge with this minisode or expand in the next as a standalone:

When I receive any influencer agreement, I first review it to confirm that the agreement actually reflects the basic terms that were agreed to. Many times, the person who negotiated the agreement with me does not accurately communicate those terms to the person drafting the agreement. That results in a contract that doesn’t match the deal. That’s when we push back. We tell the brand or agency that the agreement must be changed to track our deal.

This is the time for an important digression. Rarely does a manager, brand, merchandise manufacturing company, podcast production company or tour producer ask the influencer to provide an agreement. Instead the influencer will be presented with a “standard” agreement. And that is exactly how they will refer to their agreement – it’s our “standard agreement.” You should take that with a grain of salt. Agreements are always negotiable and that is where I come in.

The Creative Influencer is a weekly podcast where we discuss all things creative with an emphasis on Influencers. It is hosted by Jon Pfeiffer, an entertainment attorney in Santa Monica, California. Jon interviews influencers, creatives and the professionals who work with them.

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