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What to include in an influencer contract [+ free influencer contract template]

by | Apr 22, 2024 | Marketing Tips

Not sure what to include in an influencer contract?

Are you looking for a free influencer contract template?

Today, I’m sharing my favourite influencer agreement template.

I’ve personally used this template during my time as an influencer marketing manager on +300 campaigns.

Why?

Because it contained all the key elements any influencer contract should include, like:

✅ Standard terms and agreements,

✅ Scope of works,

✅ Advertising regulation requirements,

✅ Compensation,

✅ Confidentiality and exclusivity,

✅ And those all-important standards clauses.

Join me at Click Analytic as I share my free influencer contract template and walk you through writing your very own influencer marketing contract.

Let’s roll. 👇

First things first, you can download the free contract template here:

Now – let’s go into the details and help you build the best contract for your business needs.

7 steps to write a contract.

What to include in an influencer contract

Here are the key elements to include in an influencer contract. My free template contract above covers all of these elements.

An example of a contract template.

1. Standard terms and agreements

The first part of the influencer contract starts with the basics. This is what I always include in this section:

✍️ Description: 

Write a clear description of the contract’s purpose. Include the name of your campaign, the influencer’s social media username, and the number of posts or videos they need to make.

✍️ Dates:

Mention when you made the contract and the timeline for the campaign. Be specific about how long the campaign will last, whether it’s a single event or a more extended partnership.

✍️ Influencer’s information:

Make sure to list the influencer’s full legal name, address, and email address. This information is crucial for staying in touch, sending payments, and keeping everything official.

Next, it’s time to include the scope of work in your influencer contract. 

2. Scope of work

The next part of any influencer marketing contract should cover all the specifics of your partnership with the influencer. This section is called the scope of work. Think of:

✍️ Deliverables:

Clearly outline what the influencer needs to do. How many posts are required? On which social media platforms will these be posted? Also, specify how many times your team can ask for changes or edits to the content.

✍️ Content and posting schedule:

Include key dates for reviewing and posting the content. This is crucial, particularly for long-term contracts that involve multiple posts scheduled over time.

✍️ Posting requirements:

Here, list all the must-use hashtags and other key details that the influencer needs to include in their posts. Based on what you’ve already described in the influencer brief, clearly state what should and shouldn’t be in the content. 

💡 My pro tip: Make sure to mention any penalties for not posting on time.

3. Advertising regulation requirements

Once you’ve completed the standard terms and agreements as well as the scope of work, you must pay attention to the advertising regulation requirements. 

Here’s what I suggest you include in your influencer agreements:

✍️ For US markets:

If your brand partners with influencers in the US, you need to follow the Federal Trade Commission (FTC) rules. 

The FTC says that influencers and marketers must clearly reveal their business relationships when they promote products or services. 

Every paid post should include #sponsored or #ad in the text or caption. 

Here’s an example of what you must include in your influencer contract:

“The Influencer agrees to clearly and conspicuously disclose any material connection between themselves and [Brand Name].

This includes, but is not limited to, any financial compensation, free products, gifts, or any other benefits obtained directly or indirectly from [Brand Name].

These disclosures must be made in close proximity to any statements about the products or services to ensure that they are noticed and understood by the consuming public.”

Influencers must follow these guidelines, so make sure to include the FTC requirements in the Posting Requirement section of your contract.

✍️ For younger people:

If your brand targets younger people, be aware of the Children’s Advertising Review Unit (CARU). CARU helps protect children under 13 from misleading or inappropriate ads.

✍️ International brands:

For brands working internationally, it’s important to know the advertising laws in each country, as they can vary significantly. 

For example, in France, the Advertising Advisory Board (ARPP) enforces very strict rules. Companies like Club Med even require their influencer partners to earn an ARPP certification.

Regardless of where or who your brand targets, the next section in your influencer contract is all about the compensation.

4. Compensation

An important part to include in an influencer contract is compensation. 

After all, this is a business transaction.

A brand can compensate an influencer in several ways, such as offering free products, paying a set fee, or providing performance-based payments (like affiliate programs)

Here’s my pro tip: Use Click Analytic. Our influencer marketing platform tells you exactly what you should pay the influencer.

Taylor Frits as a BOSS brand ambassador

It’s important to clearly describe what the influencer will get in return for their work.

I always ensure that my influencer agreements include the following:

✍️ Expenses:

Will your brand cover any travel costs for events or trips involving the influencer? This is vital to decide ahead of time. 

✍️ Usage terms:

Are you planning to have the rights to use the influencer’s content for a certain period? Influencers typically charge a monthly fee for this kind of usage. 

And where will you use this content (paid media, OOH, website etc.)?

✍️ Bonus incentives:

If the influencer achieves a certain number of sales using their promo code, will they receive an additional reward? 

This section should also cover how and when you will pay the influencer. 

So, think of the following:

What method of payment will you use? 

Do you need any extra documents, like a W9 form? 

When exactly will the influencer be paid?

Make sure you’ve covered this section before you move on to confidentiality and exclusivity in your social media contract.

5. Confidentiality and exclusivity

When working with influencers, companies often share private information that they don’t want to become public. I know, I’ve been there.

Including a confidentiality clause in the contract is crucial because it helps keep this sensitive information safe. 

What does confidentiality do for you as a brand?

👉 It protects your competitive edge, 

👉 maintains your brand’s reputation, 

👉 and ensures that customer data is handled properly.

This clause not only helps prevent information leaks but also gives you legal options if the agreement is broken. 

It supports compliance with laws, builds trust, sets clear rules, and ultimately gives everyone involved peace of mind. 

Make sure to clearly explain to your influencers what information must stay confidential to avoid accidental leaks.

💡 My pro tip: If there are specific things you often share with influencers that should not be shared further (like a secret ingredient or payment details), consider using a standard nondisclosure agreement (NDA). Attach this NDA to every influencer contract as a regular practice.

Now, let’s move on to exclusivity.

Brands often require exclusivity, meaning the influencer cannot work with any competitors. This is an important detail to discuss before finalising the contract. 

For example, if an influencer partners with Adidas, you might include a term saying they can’t work with Nike for five months.

Usually – I would recommend asking for a 24 to 48-hour exclusivity around your post to avoid competitors within the same time frame.

And now for the final section in any influencer contract. 👇

6. Standard conditions

Your influencer contract is almost ready, but before you send it to your influencer, you need to include a few final standard conditions.

I always include these key conditions in my influencer contracts:

✍️ Intellectual property ownership:

Adding an Intellectual Property (IP) ownership clause is vital. 

Why?

It makes sure your brand keeps exclusive rights to the content created by the influencer. This stops others from using the content without permission and lets you use it in different campaigns. 

Owning the content also protects your brand in the future, even if you stop working with the influencer. This clause benefits both you and the influencer by clearly defining who owns what.

✍️ Non-disparagement: 

A non-disparagement clause is important for protecting your brand’s reputation. 

What does the non-disparagement clause in an influencer contract do?

It prevents influencers from making harmful comments about your company, products, or employees. 

If such comments are made, this clause provides a legal way to handle them. 

It also helps maintain your marketing efforts by discouraging public complaints and ensuring that only approved messages are shared. 

Make sure to write this clause clearly and fairly, and consider legal advice to get it just right.

✍️ Termination clause:

Finally, including a termination clause gives your company the flexibility to end the partnership if things aren’t working out or if the influencer does not meet performance standards. 

This encourages influencers to do their best work. 

It also reduces risks by allowing you to end the contract quickly if there are ethical issues or if the influencer negatively affects your brand’s image.

Disclaimer for using my free influencer marketing contract template

While I’ve used my free influencer contract template for years, it still comes with a disclaimer.

This influencer marketing contract template is provided by Click Analytic just for your information and should not be seen as legal advice. 

Using this template doesn’t create a lawyer-client relationship between you and Click Analytic. 

Although I’ve tried to make a thorough and helpful template, it’s very important to talk to a lawyer to make sure the contract fits your specific needs and follows the law.

Click Analytic is not responsible for any legal problems or disagreements that might come up from using this template. 

Make sure to carefully review and adjust the contract to match your unique situation and the laws of your area. 

Using this template is at your own risk, and you agree not to hold the creators, distributors, or providers responsible for any legal issues, claims, or damages that arise from using it.

Also, please remember that the world of influencer marketing is always changing, including the legal rules. 

It’s your job to keep up with any changes in the laws that could affect your influencer marketing. Consider this template a starting point, not a replacement for professional legal advice.

FAQs about influencer contracts

Through the years, marketing managers new to influencer marketing asked me some questions about influencer contracts. 

I’ve compiled the most frequently asked questions about influencer agreements here.

What is an influencer contract?

An influencer contract is a written agreement between a brand and an influencer. It outlines what both parties need to do, such as the tasks the influencer will perform and the compensation they will receive.

How to write an influencer contract?

To write an influencer contract, start by listing all the details, like payment, what the influencer has to do, and how long the partnership will last. Make sure to include legal parts like confidentiality and ownership of content. It’s a good idea to get help from a lawyer to make sure everything is correct.

 

Is an influencer marketing contract necessary?

Yes, an influencer marketing contract is necessary. It helps make sure both the brand and the influencer understand their responsibilities and rights, and it protects both parties if there are disagreements.

Do you need a contract when working with influencers?

Definitely. A contract ensures that both the brand and the influencer agree on the details of the collaboration, like tasks, payments, and rights. It helps prevent misunderstandings.

What should an influencer agreement include?

An influencer agreement should include payment details, what the influencer needs to do, any deadlines, legal requirements like confidentiality, and what happens if the agreement is broken. It should be clear and specific to avoid confusion.

How do influencer contracts work?

Influencer contracts work by clearly laying out the agreement between a brand and an influencer. They specify the duties, compensation, and rules each party must follow, providing a guideline and legal protection throughout their partnership.

How do you negotiate an influencer contract?

To negotiate an influencer contract, discuss important points like payment, the scope of work, and any special terms upfront. Be open about your expectations and be willing to listen to the influencer’s needs and preferences. Sometimes, compromise is needed to reach an agreement that works for both sides.

My final thoughts

An influencer contract is essential to your success. I’ve shown what elements to include in one. If you’re in a hurry, grab my free contract template. Remember to customise it to suit your brand and the influencer you end up working with.

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