Influencer Agreement: What Needs To Be Included?

What is an influencer agreement?

An influencer agreement is a legally binding contract between a business and an influencer outlining the terms and conditions of their working relationship. The document ensures that both parties have a clear understanding of their roles, responsibilities, and expectations, thereby minimising the risk of misunderstandings and disputes.

Whys is it important for an influencer agreement to be in writing?

If you’re considering engaging an influencer to assist in the marketing of your business’ goods and services, it’s crucial to have the agreement in writing to have the commercial arrangement legally binding to cover you.

Your brand is a fantastic marketing tool for your business and influencers are a great way of promoting your brand nowadays.

However, putting your brand into the hands of somebody else that’s representing your brand is equally as dangerous and potentially can go one way or the other, or even sideways.

The importance of documenting the relationship between your business and the influencer

More and more people are realising how important it is to document that relationship, just like you would with any other contractor or service provider. A written influencer agreement ensures that the terms of engagement are clear and legally binding, protecting both parties involved.

Clarity in responsibilities and expectations

Some influencers may be less business-minded from your business perspective, but more focused about them and their social profile.

Making sure that this commercial arrangement is very clear in an Influencer Agreement, detailing who is responsible for what, who is not responsible, and what each party can obtain from the relationship, is crucial.

Defining the scope of work

It’s really important to make sure that all the ground lines are made and everyone knows how to kick a goal. This includes specifying how many posts are going to be done over what period of time, what hashtags are going to be used, who’s going to be responsible for photo-shoots, and any costs involved.

There’s actually quite a lot more to it than you might first realise, and just making sure that there are consequences if things don’t get done.

Ensuring accountability and proper payment structure

We’ve seen countless amounts of people not doing what they said they were going to do, and from a business owner’s perspective, usually the money’s already left the front door.

Getting a little bit of commercial advice from us on how things can be structured from a payment perspective ensures that payments are made in stages when certain milestones are achieved. This helps ensure that at the end of the day, everyone’s happy.

What needs to be included in an influencer agreement?

A strong and legally compliant influencer agreement agreement should detail the following: 

1. Exclusivity

This clause outlines whether the influencer is allowed to work with competing brands during the engagement period. For example, a skincare brand may require exclusivity to prevent the influencer from promoting rival products. Clearly specifying the exclusivity terms prevents conflicts and protects the brand’s interests.

2. Term of engagement and termination

Clearly state the start and end dates of the agreement. Include provisions for early termination, such as the required notice period or specific circumstances under which the agreement can be ended. This provides clarity and avoids misunderstandings if the partnership ends prematurely.

3. Detailing services and responsibilities

Define the exact services the influencer is expected to deliver, such as the number of posts, stories, or videos, along with deadlines. Specify the platforms they will use (e.g., Instagram, TikTok, YouTube) and any other deliverables like blog posts or event appearances. Detailed responsibilities set clear expectations and reduce the risk of disputes.

4. Intellectual property protection

Include terms that outline who owns the rights to the content created as part of the agreement. For example, does the brand have exclusive rights to use the photos and videos, or does the influencer retain ownership? This ensures the proper use of intellectual property and avoids unauthorised usage claims.

5. Confidentiality

A confidentiality clause protects sensitive information shared between the brand and the influencer, such as marketing strategies, product launches, or pricing details. This helps maintain trust and prevents leaks that could harm the brand’s reputation or competitive edge.

6. Release for photographs or videos

If the influencer is required to appear in photos or videos, include a release clause permitting the brand to use their likeness for promotional purposes. This ensures the brand has legal permission to publish and repurpose the content across different channels.

7. Non-disparagement

This clause prohibits the influencer from making negative public statements about the brand during or after the agreement period. It protects the brand’s reputation and ensures that any disagreements remain private.

8. Appropriately weighted indemnities

Indemnity clauses outline which party is responsible for certain risks, such as copyright infringement or content misuse. Ensure these clauses are balanced and fair, protecting both parties from undue liability.

9. Independent contractor status

Clearly state that the influencer is an independent contractor, not an employee. This distinction is crucial for tax, legal, and liability purposes. It ensures the influencer is responsible for their own insurance, superannuation, and other entitlements.

10. GST and tax obligations

Include clauses that address GST (Goods and Services Tax) and other tax responsibilities in compliance with Australian tax laws. Specify whether the agreed-upon fees include GST or if it will be added separately.

11. Dispute resolution and jurisdiction

Define the process for resolving disputes, such as mediation or arbitration, and specify the jurisdiction where legal proceedings will be handled. This is typically an Australian state or territory. This clause provides a clear framework for resolving disagreements efficiently.

Key takeaways

As you can see from the above, there’s more things to consider than you might first realise.

Like any commercial relationship, the importance of making sure that the lines are clear and that there are clear remedies available to you should the influencer breach any term of the engagement.

Keep in mind that just as much as an influencer can make a very large positive impact on future potential sales for the business, equally they can also bring swift destruction to a valuable brand in one key stroke or a defamatory post.

We have assisted many businesses engage with influencers well and understand the modern online environment. We make sure you’re protected in these particular transactions. If you need help with influencer relationships and agreements give us a call on 1800 820 083 or make an online enquiry below.

“I feel very good knowing that my Influencer Contracts have been done by professionals!”

Georgina Di Pietro, Eyebrow Ink Styling