26/06/24 | Reading time: 2 minutes
Social media influencers have transformed the way brands engage with consumers. As we discussed previously, this influence has created legal responsibilities that brands must understand and navigate when engaging influencers.
For brands using influencers, well-documented influencer agreements are essential.
What is an influencer agreement?
An influencer agreement is a legal document outlining the rights, obligations, and scope of work between a brand and an influencer. This agreement ensures all parties understand what is required of them and facilitates the effective resolution of contractual disputes.
Key components to include in an influencer agreement
1. Commencement and termination
The agreement should clearly state the duration of the campaign (including start and end dates) to qualify the duration of each party’s obligations. It should also outline circumstances triggering any termination rights during the campaign period.
2. Confidentiality
Confidential information, such as content analytics and product designs, may be shared between contracting parties to ensure parties can comply with their obligations. A confidentiality provision will help ensure that such information remains confidential and is not used for any purpose other than that of the agreement.
3. Exclusivity
An exclusivity provision will help prevent the influencer from promoting competing products and/or services during the campaign period (and potentially for a period beyond). This may help to maintain the campaign’s effectiveness having regard to the fact competing promotions can detract from the success of the campaign.
4. Services and deliverables
It is important to accurately and exhaustively specify what services and deliverables are expected from the influencer for the campaign. This might include the types of social media posts, use of specific hashtags, and relevant dates and times for these deliverables.
5. Legal obligations
The agreement should outline the legal obligations of both parties. Typically, the brand’s key obligation is payment upon completion of a deliverable(s), while the influencer’s key obligation is to publish promotional content in accordance with advertising standards and the terms of the influencer agreement.
6. Liability
Indemnity clauses can be beneficial because they clearly outline the liability for each party. These are especially relevant in the context of a dispute.
7. Governing law
The agreement should specify which jurisdiction’s laws will govern the contract, especially if the brand and influencer operate in different regions. This ensures clarity on which laws will apply to any contractual disputes.
Key takeaways
Influencer marketing is a significant tool for audience engagement and comes with legal obligations for both brands and influencers.
An influencer agreement helps both parties understand their obligations and maintains transparency and consistency in this booming marketing space.
Influencer agreements should be tailored to the specific terms of the campaign, and the relevant parties and circumstances, so it is important to get help from a lawyer to make sure the brand is protected.
For more information on protecting your brand when engaging influencers, contact Bespoke.
Lawyer
Tara is a commercial lawyer at Bespoke. Her practice spans a range of competition and consumer, intellectual property and commercial related matters, across (Read more)
