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Influencer Contract

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Prepared for:
[Client Name]

Prepared by:
[Influencer Name]

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Influencer Contract

This Influencer Contract (hereinafter referred to as the "Contract") is entered into and shall be effective as on [Date]

By and Between

[Client Name] (hereinafter referred to as the “Client”), having its principal place of business at [Address], and;

[Influencer Name] (hereinafter referred to as the “Influencer”), residing at [Address].

The Client and the Influencer are collectively referred to as the "Parties" and individually as "Party".

WHEREAS the Client desires to promote its brand [Brand Name] and increase sales through various social media outlets and requires an Influencer to provide the aforesaid services

AND WHEREAS, the Influencer who has [Number of followers] on Instagram is a well known [Content Creator/Blogger/Fashion Influencer/Or any other influencer] and agrees to render the services to the Client

NOW, THEREFORE, in consideration of the mutual covenants and commitments contained herein, the Parties do hereby agree as follows.

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Terms and Conditions

1. Project Description

The Client is in the business of [Mention the business type] and agrees to hire the Influencer herein the Contract to promote its brand content. The Influencer shall provide all the necessary services to the Client as per the terms and conditions of this Contract. 

2. Influencer's Obligations

The Influencers responsibility is to perform the following duties as mutually agreed by both the Parties:

[Promote brand content]
[Engage the audience on social media]
[Generate content for the brand]
[Add more responsibilities of the influencer]

3. Client's Obligations

During the term of this Contract, the Client hereby agrees to provide all the necessary details to the Influencer in order to perform the services.

4. Scope of Work

The Influencer hereby agrees to perform the following services on the social media platforms:

Description	Number of posts per day
[Content regarding the brand]	[1]
[Promotional content]	[2]
[Content on discount offers]	[3]
[Add more such descriptions]	[1]

During the term of this Contract, the Influencer shall require [Free sample products/necessary hashtags/add other requirements] for rendering the services to the Client. 

5. Payment

The following are the payment details for marketing strategies implemented on social media outlets:

Description	Amount
[Instagram Posts]	$[0.00]
[Facebook Posts]	$[0.00]
[Twitter Posts]	$[0.00]
[Blogs/Articles]	$[0.00]
[Add more such descriptions]	$[0.00]
Total	$[0.00]

The Influencer shall charge a total amount of $[0.00] for rendering the services to the Client. Upon the completion of the services, if the payments are not made within [Number of Days], the Influencer shall have the option to consider the Client in breach of this Contract and claim a late penalty of $[0.00]. The mode of payment shall be [Cash/cheque/credit card] or any other payment mode as mutually agreed by the Parties.

6. Term

This Contract shall start on the [Date] and shall continue until the termination or completion of the services, which is [Mention event completion date]. 

7. Termination

This Contract may be terminated by either Party as follows:

Upon [Number of Days] days prior written notice to the other Party, from the event completion date, with or without cause
Upon the breach of any terms and conditions mentioned herein the Contract 
Upon completion of the services by the Influencer and full payment by the Client.

8. Confidentiality

The Parties to this Contract agree that each shall treat private information such as strategies, PR and campaign and content plans, that may be provided by either Party during the term of this Contract strictly confidential. All such confidential information exchanged between the Parties, shall be used solely for the purposes of rendering services pursuant to this Contract and, shall not be disclosed to any third party without the prior written consent of either party.

9. Limitation of Liability

Neither Party shall be liable to the other for any indirect, special, or consequential damages arising out of this Contract.

10. Exclusivity

The Influencer shall provide the services exclusively for the Client and will not take up any other projects throughout the term of this Contract.

11. Grant of Rights

The Client grants the following rights to the Influencer:

The right to use and publish the Client's [Content/photographs] for marketing purposes;
The right to perform the services publicly;
[Add other rights];

12. Relationship of Parties

Nothing contained in this Contract shall be taken to establish any partnership, joint venture, or employment relationship. It is hereby understood and agreed that the Influencer is an independent contractor.

13. Indemnification

The Parties each agree to indemnify and hold harmless against any losses, claims, damages, penalties, liabilities, punitive damages, expenses, reasonable legal fees of whatsoever kind or amount, which result from the negligence or breach of this Contract by the indemnifying party, that occurs in connection with this Contract. This section remains in full force and effect even after the termination of the Contract.

14. Intellectual Property Rights

The Client has full ownership of all the copyrights to the services provided for the Client's brand upon completion of payment to the Influencer. The Influencer will have limited rights to the content during the term of this Contract, after the full and final payment is made and may use such content only upon express written consent of the Client or as mentioned herein the Contract. 

15. Arbitration

In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by Arbitration. There shall be [Number of Arbitrators] which shall be appointed by [Party(s) Name]. The place of Arbitration shall be [Venue of Arbitration] and Seat shall be [State]. The Arbitrators’ decision shall be final and will be binding upon both Parties.

16. Miscellaneous

Assignability: Neither Party may assign this Contract or the rights and obligations thereunder to any third Party without the prior express written approval of the other Party which shall not be unreasonably withheld.
Notices: Any notice required to be given to the Influencer shall be delivered by certified mail, personal delivery, or overnight delivery paid for by the Client.
Force Majeure: Neither Party shall be liable for any failure in performance of the obligation under this Contract due to cause beyond that Party's reasonable control (including and not limited to any pandemic, fire, strike, act or order of public authority, and other acts of God) during the pendency of such event.
Modification: No modification of this Contract shall be made unless in writing, signed by both Parties.
Severability: If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, all other terms will remain in full force and effect, until the contract termination.
Governing Law and Jurisdiction: This Contract shall be governed following the laws of the [State/Court/Region]. If the disputes are not resolved by arbitration, it shall be resolved by litigation in the courts of the [State/Court/Region], including the federal courts therein. The Parties consent to the jurisdiction of such courts and agree to accept service of process by mail and hereby waive any jurisdictional or venue defenses otherwise available to it.
Legal and Binding Contract: This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding in the [State/Court/Region]. The Parties each represent that they have the authority to enter into this Contract.
Entire Contract: This Contract constitutes the entire understanding of the Parties, and revokes and supersedes all prior contracts between the Parties, and is intended as a final expression of their Contract. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Contract. This Contract shall take precedence over any other documents which may conflict with this Contract.

Acceptance and Signature

The Parties signing this Contract represent and warrant that they are duly authorized and have the legal capacity to execute and deliver this Contract. 

[Client Name]

[Influencer Name]

Signature

Assign signer 1

Name

Assign signer 1

Date

Assign signer 1

Signature

Assign signer 2

Name

Assign signer 2

Date

Assign signer 2

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DISCLAIMER: Revvsales, Inc is not a law firm. The content provided herein is for general information purposes only, and does not constitute legal advice. Revvsales, Inc and its partners make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information mentioned hereunder. The use or reliance of any information contained herein is for your personal use and solely at your own risk. You agree to fully release and indemnify Revvsales, Inc from any liability associated with the use of this content. You are advised to obtain independent legal advice before taking or refraining from any action on the basis of the content provided here. 

DISCLAIMER: Revvsales, Inc is not a law firm. The content provided herein is for general information purposes only, and does not constitute legal advice. Revvsales, Inc and its partners make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information mentioned hereunder. The use or reliance of any information contained herein is for your personal use and solely at your own risk. You agree to fully release and indemnify Revvsales, Inc from any liability associated with the use of this content. You are advised to obtain independent legal advice before taking or refraining from any action on the basis of the content provided here.

Free Influencer Contract Template

Collaborating with the brand for a social media gig? Simply refer to our influencer contract template and get your contract going! Check it out now.

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Agency

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Digital Marketing

Services

Social Media

How to Write an Influencer Contract?

Influencers are essentially content creators and they come in various types such as bloggers and vloggers depending on the type of platform they are popular in. Also, most influencers enjoy a heavy fan following and are chosen by brands based on this factor to increase the brand’s credibility quotient. They play an important role in enhancing a brand’s visibility and reach with consumers, by creating engaging content and deliverables.

However, while they may have the necessary expertise in their respective fields, they might lack the legal awareness needed to draft an influencer contract.

This article will take one through the important legal provisions one needs to keep in mind when making an influencer contract to prevent any scope for lawsuits.

What is the role of an influencer contract in the influencer marketing industry?

An influencer contract becomes a legally binding agreement when duly signed by an influencer and its client. It is an important legal document to safeguard oneself from litigation. It also provides clarity on the agreed-upon terms and conditions like services, payments, the relationship of parties, etc. Also, one gets answers to several logistical questions that can be easily misunderstood. Some of those are:

Is it a one-off campaign or are there a series coming up?
Is the influencer being signed as the brand ambassador of the label?
What is the number of posts required?
Which social media accounts will the influencer post the content on?

Influencers also often use agreements and contracts interchangeably as per their business requirements. Some of the most popular ones used are:

Influencer agreement
Social media influencer agreement
Brand influencer contract
Influencer marketing agreement

Most influencers may consult a lawyer to not only take legal advice but also get such professional documents made. Others may take help from document management software and refer to ready-made legal documents (also known as pre-formatted templates).

One may also consider writing an influencer contract by themselves. However, one must ensure to sustain sufficient knowledge of the applicable laws of the state to make the legal document enforceable.

What are the key essentials of an influencer contract?

These are some essential tips to remember when one considers making an influencer contract.

Here are some primary provisions of an influencer contract:

Payment - This section needs to be crystal clear before endorsing a brand. Here mention the rates and payment methods (such as PayPal, Stripe, net banking, etc.), leaving no scope for loopholes. Talk about the charges for the social media posts to be delivered for the brand. Mention the bonus incentives desired, for fulfilling the target of the brand. Give an overview of the price packages for different social media platforms, for example, pricing for Instagram posts, Facebook posts, etc. Consider keeping this section detailed to ensure timely payment for the content created.
Intellectual property - This clause is included in all kinds of influencer agreements or contracts, where there is an involvement of proprietary information. This protects an influencer’s content creation and does not let a brand or a third party gain ownership over the thoughts, ideas, and other innovations produced by the influencer.
Confidential information - In the course of the working relationship, both the brand and the influencer will be sharing confidential information regarding the influencer marketing campaign, PR strategies, company matter, influencer’s content plan, etc. It’s very important that both parties sign an NDA (Non-disclosure agreement) as well, before proceeding forward to avoid information leakage.
Scope of work - The scope of work will outline an influencer’s service deliverables and requirements. Make this section to the point to avoid misunderstandings. Here, mention the social media services which would be performed for the client. Talk about the hashtags to be used and the free product samples required. It’s best to sit with the client patiently and chalk out the scope of work, with the expected deadlines to avoid any ambiguity.
Relationship of parties - This clause provides clarity on the influencer relationship formed with the client. Here an influencer may declare itself as an independent contractor to put a stop to unrealistic associations (such as a partnership) that the client may expect from the influencer.
Force majeure - This section shall protect the influencer from lawsuits when it is not able to fulfill pre-existing service obligations during situations (such as a pandemic, strike, or hurricane) beyond its control. It’s very important to mention this clause to ensure the working relationship formed with the client does not get bitter.

While you may incorporate the above tips in your contract, consider being up to date with the FTC (Federal Trade Commission) endorsement guidelines and accordingly synchronize the services.

Avoid litigation - Use Revv’s influencer contract template

Revv’s influencer contract template is legally vetted and will provide an influencer with sufficient coverage to safeguard itself from litigation.

Use Revv’s inbuilt features to assist in the document creation process. Customize and upgrade the influencer contract as per the business requirement. Drag and drop images in the contract or personalize it using the brand’s logo. Also, send magic links to the intended recipients for review without losing control over the document. Add multiple signers in the document with the help of Revv’s eSignature feature and get a signing evidence summary certificate for reference purposes.

Start now and use Revv’s influencer contract template to prevent any scope for legal hassles. Happy endorsing!