In our experience, we’ve learned that contacting and negotiating with social media influencers can be one of the most difficult parts of running an influencer marketing campaign. Prices, timelines, and contracts all come into play at this stage, and a lot of questions can arise.
How much should you pay an influencer? What legal issues might be implicated by your collaboration? Do you need a contract? If so, what should it include?
Today, we’ve got you covered on those last two questions. Let’s break down what you need to know about influencer marketing contracts. You can even get a free downloadable influencer contract template to use as the base for the contracts you create in your campaign.
As a brand, when do I need an influencer contract?
The quick answer is not always. A contract isn’t necessary 100% of the time, and can even be a conversion killer when you’re working with nano and micro influencers.
If your collaboration is based around free products alone
...you don’t need a contract. You can simply send the influencer the product and request some type of confirmation that they got it.
The exception here would be if you’re sending them a very valuable product. Imagine gifting an influencer a campervan, a motorcycle, or fine jewelry. As those products are worth big sums, you’ll want to have an official agreement to the collaboration conditions.
If you’re working with nano and micro influencers
...you probably don’t need a contract. Sometimes these deals can be closed for product alone. And when money is involved, fees will be minimal. So you can just firm up the details in a less formal way–email for example.
That being said, if you feel more comfortable striking up a contract for deals that involve payouts, by all means, do so. Your company protocol might also require it, so if you’re not sure, check with the appropriate contacts to check if a contract is needed.
If you’re working with top influencers
...you’ll need a contract. Once influencers move past the micro stage, they start to professionalize. This means larger collaborations, which include higher fees, managers, and a more official approach to the services they provide.
As a brand, you’ll want a contract here, too. The money you pay out to top influencers will be considerable, so you’ll want to have the collaboration covered in case anything goes wrong.To learn more about contracts and negotiating with influencers, check out Chapter 3 of our influencer marketing guide.
What should I include in an influencer contract?
In addition to the standard conditions of contracts for provisions of services (think confidentiality, protection of data, and so on), you’ll want to outline the requirements you have for the content that the influencers create for your campaign.
You should pin down:
- The number and types of publications
- Publication deadlines
- The social network to post them on
- How long the posts have stay on the influencer’s profile
- Any events you want them to attend
- Specific hashtags you want them to use
- Brand mentions you want them to apply
- Disclosure requirements that need to appear in the content (FTC, CMA, or other regulatory guidelines that may apply)
But better than list what you need to include, we can show you!
Influencer contract template
We’ve created this template for you to download and use as a base for the contracts you create for your campaigns. Please keep in mind that it’s just an example, is not complete, and is not intended as legal advice.
No two campaigns are the same. So it’s important that you revise any influencer contracts with an expert who can speak to the current laws and regulations in your applicable jurisdiction.
How to use this influencer contract template
The template is a .docx file, so you can edit it directly. You’ll see some fields highlighted in green. These are variables that you’ll need to fill in with the information relevant to your campaign.
Here’s a brief outline of what the influencer contract template includes:
- Parties to the contract
- Description of the provision of services
- Responsibility to disclose advertisements
- Intellectual property and data protection
Contracts can be an important piece in keeping influencer marketing campaigns running smoothly. Just remember to organize your information and clearly state your requirements before anyone puts pen to paper. Good luck!