These 9 pieces of content should be in an influencer contract

The self-employed and companies are increasingly using the services of “influencers” or “content creators” to promote their brand, products or services. But what should actually be in an influencer contract?

1. Influencer contract: The service of the “content creator”

This clause defines the concrete services of the influencer. It is determined what type of content (e.g. photos, videos, blog posts) should be published, how often and on which platforms (e.g. Instagram, YouTube, TikTok).

In addition, qualitative requirements are usually made, such as the use of a specific hashtag or certain links to the client. A description of these services that is as detailed as possible avoids misunderstandings, since it is clear what the influencer has to do for the agreed remuneration.

Example: The influencer is obliged to create two Instagram posts and one Instagram story reel per month, in which a specific product coordinated with the client is highlighted and linked. The posts must be published in the second and third week of each month, the story reel in the first week between 6 a.m. and 7 p.m.

2. Client’s Services and Remuneration

Here it is determined what the client provides in return for the services of the influencer. This is often a financial consideration, but products or services can also be part of the consideration. In addition, it should be regulated when this service is to be provided and in what form.

Again, it is about creating clarity regarding the consideration of the influencer. Example: The client pays the influencer 500 euros net per Instagram post. The remuneration for the Instagram story reel is 300 euros net.

3. Influencer contract: Illness or disability of the influencer

This clause regulates what happens if the influencer is unable to provide the agreed services due to illness or other unavoidable circumstances. Here, for example, it can be defined whether and to what extent catch-up obligations or contract adjustments can be made or whether a contract termination is possible.

Example: In the event of illness or other unavoidable hindrance, the influencer is obliged to inform the client immediately. The influencer must make up for his services within four weeks after the end of the hindrance after consultation with the client. If it is not possible to catch up within four weeks, the client is entitled to terminate the contract.

4. The identification of advertisements

According to case law, the activity of an influencer is regularly advertising, which must be clearly marked as such in social media channels. It should therefore be regulated that the parties are aware of this fact, how the labeling will take place and what the consequences will be if the influencer violates this obligation.

Example: All content created under this Agreement must be tagged with the hashtag #Advertising.

5. Influencer Agreement: Responsibility for Content

It should be regulated who is responsible for the created content. As a rule, the influencer has control and responsibility for the content he or she creates. However, the customer can specify certain framework conditions, for example with regard to the use of certain expressions.

Example: The influencer bears full responsibility for the content of the posts created. However, the influencer must notify the client of the posts created before publication and receive approval for publication. The client can prohibit a release if they contain vulgar expressions.

6. Exclusivity

An exclusivity regulation is included in many influencer contracts, which prevents the influencer from regularly working for the client’s competitors within a certain period of time. This protects the client’s interest in exclusively benefiting from the collaboration with the influencer.

However, an influencer should then make sure that such a clause is not connected to any additional work by the client, which, if not provided, will prevent the influencer from providing his service.

Example: The influencer undertakes not to advertise or place products for products that compete with the client’s products during the contract period and six months thereafter.

7. Influencer Agreement: Term and Termination

Even if it sounds like a matter of course, it should be mentioned again that the contract should contain provisions on the term, possibly on an automatic extension after the term has expired and on termination.
Example: The contract has a term of two years. It is extended by a further year if it is not terminated by either party with three months’ notice to the end of the first two years of the term.

8. Rights to use created content

This clause specifies who has the usage rights to the content created by the influencer. This can vary, often the influencer retains the rights to the content, but grants the client extensive rights of use.
Example: The influencer retains the copyright to all content created by him as part of the assignment.

However, he grants the client an unrestricted, non-exclusive right to use the content he has created for further marketing purposes of the client after the end of the contract.

9. Confidentiality

A non-disclosure clause should be included in an influencer contract to ensure that confidential information shared between the parties is not shared with third parties. In this context, the sanction in the event of a violation must also be regulated separately.
Example: Both parties undertake to treat all business information exchanged within the scope of the contractual cooperation as strictly confidential and not to pass it on to third parties, regardless of whether it is marked as confidential or secret or not. In the event of a breach of this confidentiality clause.

Influencer contract: final remark

The nine contents mentioned above represent important elements of an influencer contract. However, I must point out that there is a large number of other contents that can or should be regulated.

Ultimately, it always depends on what goals the parties intend to achieve with the respective contract. Interesting for companies are, for example, regulations on the influencer’s information obligations, on their behavior when postings are deleted on social media platforms or on warranty or liability.

The examples of formulations that I have given are also for clarification purposes only. But it is precisely this that is important if the contract is to fulfill its purpose, namely to clarify the obligations of the parties and to avoid disputes.

At the end of the day, an influencer contract should make sense of the legal framework for the client who promises reach or sales, and the influencer who wants to monetize their reach and number of followers. Then both parties will enjoy working together and see results.

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