Bloggers and Influencers, ALL business relationships need to be finalized with a contract. If you have sponsorships, collaborations with other brands or even guest bloggers, you need to have a SOLID CONTRACT that outlines all of the terms of your business relationship. These contracts are imperative to protect your brand, especially if the business relationship goes sour. Having a contract also sets forth the goals and expectations of both parties from the outset. Remember, if it ain’t in a signed writing, then it does not exist!
I know you are wondering what are the essential terms that need to be included in a Blogger/Influencer Contract, and I’ve got you covered below!
Parties – Clearly state the parties of the contract and indicate their business type and physical address. If you have created a business entity, ensure that you state that your business is a party of the contract, as well as sign the contract as your business (and not personally).
Timeline – What is the term of the contract? When will the content need to be delivered? CREATING A TIMELINE IS SUPER IMPORTANT. What is your policy if you are unable to adhere to this timeline? Will the content be on the Social Media page or Blog site indefinitely, or will it be a temporary post?
Scope of Work– Specify the content you will be producing during this business relationship. You can specify what types of posts (i.e. images, articles or videos), what Social Media platforms or Blog sites you will post on. The more specific, the better when it comes to the scope of work.
Payment – What is the agreed upon payment schedule? What form of compensation will you accept (money, physical products)? What are the repercussions if the brand does not compensate you for your content? Will you take a down-payment prior to producing the content?
Re-Shoots or Edits – Will you allow the brand to obtain edits of the content if they are unsatisfied? If you need to re-shoot or edit the content, who will bear the cost of this additional work?
Prior Approval – Does the brand need to approve your content prior to it going live?
Attribution on Social Media – How does the brand want to be recognized in the content? Would they prefer the brand name to placed in the caption of the post, or possibly have the image tagged? Does the brand want you to use a specific caption or hashtags in the Social Media post?
Rights to the Content – Which party will own the Intellectual Property rights to the content produced? Can the brand repost the content on their personal Blog site or Social Media page? Will you be able to use this content for your personal use, such as in a portfolio?
Termination – How can either party terminate this contract? What is your policy if the brand backs out of the contract, will you keep the deposit? How much notice does the other party need to provide you if they are terminating the agreement?
Additional Content – What if the brand wants to extend the business relationship, and have you produce additional content? What will be the procedure for requesting this additional content? Will the prices for the additional content increase, decrease, or stay the same as what was originally charged?
Governing Law/ Disputes – If there are any disputes, what state or country law will govern this business relationship? States and countries often have conflicting laws when it comes to contracts. Also, it is imperative to determine if you would like to litigate (file a case in court), or take the route of arbitration or mediation (which are more cost efficient than litigation).
AND do not forget that the document needs to be signed by BOTH parties. Having all of these terms in writing is pointless if the writing is unsigned. FYI – Electronic signatures are just as valid as putting pen to paper, so YES, E-sign away!
Shoot me an email at ashley@ashleywilliamslaw.com or click above to schedule a discovery call and lets get started on creating your Iron Clad Blogger/Influencer Contract !
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