What to Include in an Influencer Contract

Influencer marketing is an over $16.4 billion market in the United States alone as of 2022. An estimated  72% of Gen Z and Millenials follow influencers on social media, making it a great way to connect with the younger generation. 

The influencer market has become the new form of word-of-mouth advertising, using built-in influencer followings to reach a wider audience. However, before you dive into influencer marketing, you need to understand how influencer marketing contracts work and what you should include in them. Here, we cover the basics of an influencer contract, what to include, and how to streamline the contract experience!

The Basics

Before we dive into the more complicated aspects of an influencer contract, there are three main points to include upfront: 

• The assignment
• Key messages
• The payment

Even though these are exactly what they say at face value, let’s take a moment to reflect. The first thing your influencer contract should have is a clear assignment. What do you want them to do, what are they producing for you, and how long do they have to do it? 

You should also include the duration of the contract and anything else relevant to the project. While we can’t speak for all freelancers, the more information you can offer, the clearer your terms, the better, so all parties know what’s expected. 

Speaking of clarity, you should be upfront on the key messages or talking points for any content you order. Do you want them to sell a product, or should they focus on one of your other services? What kind of products should they display, and what kind of branding should be visible? 

Finally, it’s time to talk about the real center of any business exchange: payment. Are you offering free products, payment, or a combination of both? Compensation should be spelled out in your contract so there’s no question as to what you’re paying and when you’re paying it. Be sure to include if you’re paying a portion upfront or all on delivery, so there’s no confusion when it comes time to settle up. 

You should also note if you’d like more than just the video delivered before payment, such as ongoing analytic information, post updates, or more, to confirm you’re getting what you paid for. These terms should be clear and in the contract to avoid unwanted surprises on both your and the influencer’s side of things. 

These are all entry-level ideas for what to include in this part of the contract, but they give you a good idea of the level of detail you should put into an agreement. That way, everyone is on the same page. 

Ownership of Content

In general, influencers own the rights to the content they create. Sometimes businesses license that content for a set period to share it across different platforms or use it in future advertising campaigns. If you’re looking to split the rights to content, or want to reserve some rights for future marketing campaigns, make sure to say so. It removes confusion and saves you a legal headache if both sides aren’t clear about who held which content rights. 

Usage Rights

Similarly to who owns what content, you should clarify the influencer’s usage rights for your product and what rights you have to their content. Are you okay with them reusing your footage after the contract is up? Should they speak their mind about your products or include certain phrases? Making sure to settle all these details and any other usage right concerns beforehand staves off legal complications and ensures your partnership goes smoothly. 

Usage rights also include the right to delete content after a certain time. Is the influencer allowed to remove the content from their page, or do you require a copy before deletion? Do you want it to stay around for longer than the length of the contract, or is deleting it in your best interest? These are all things to keep in mind when drafting your influencer contract. For example, an Instagram post may have less value in the long run than a video post, so be sure to clarify the longevity of these posts in your initial contract. 

Revisions Allowed

Asking for content revisions doesn’t mean there’s something overtly wrong with the content; you may have a few tweaks to make. However, if your contract doesn’t discuss revisions, you may find yourself paying for these changes. Make sure to include a clause about included revisions and determine how much additional modifications will cost. 

While it’s unreasonable to expect unlimited revisions from an influencer, you should be able to make comments or changes before something goes live without doubling your budget. Without this clause, you could incur a higher invoice than expected, impacting your overall marketing budget and leaving a bad taste in your mouth from the whole experience. 

Specified Channels

It’s important to note exactly where you want your content posted, especially if working with an influencer network. While you may expect your content on one channel, you could target an unexpected niche without meaning to if the influencer posts on a different channel. 

You can also include posting time, shares, reposts, and cross-posting in this contract section, and note that the content will be shared on your social media accounts. Whatever you decide to do with the content, make sure you have it in writing beforehand to keep everyone in the loop and avoid conflict later. 

Exclusivity 

Finally, you want to talk about content exclusivity with the influencer. While this falls somewhat into usage rights, this also includes a noncompete clause that keeps other products from appearing on the same page. Being exclusive to an influencer is not something you should assume. You want it in writing that your product is the only product advertised on that platform or niche for a set time. Without this in writing, you could lose customers or have your product’s spotlight shared with other competing products. 

Of course, more goes into hiring an influencer than just these points. Things like analytic goals, behavior clauses, and more can be key points to add to your influencer contract. It’s not easy crafting the ideal influencer contract, so having an expert on your side is important. 

If you want to start influencer marketing, contact our team at Planted Marketing. We have experience marketing for small- and mid-sized businesses and help streamline things like influencer contracts so you can spend less time stressing over the details and more time running your business. To find out more or schedule a consultation, contact us today.