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Influencer Agreement; Legal Contact Review Toronto

Influencer marketing is a billion-dollar industry, and it’s important that you protect yourself! Ensuring that your Influencer Agreement is written properly is one of the best business decisions you can make.

This article will discuss some of the reasons it is important to read and understand your Influencer Agreement before signing and the importance of hiring someone to review your agreement.

Two influencers taking a selfie.

What is an Influencer Agreement or Influencer Contract?

An Influencer Agreement or influencer contract is a written contract that outlines the terms of a campaign between an influencer and a brand. It will include details such as the amount of compensation to be paid, the content to be produced and the timeline for completion.

Do you Need an Agreement/Contract with Influencers?

Yes. Influencer Agreements protect both parties, and they add legitimacy to campaigns. Commonly, brands expect influencers to provide or sign a contract before any work is started.

A lack of clear communication and misunderstandings can be detrimental to the success of a brand deal. Having an Influencer Agreement in place will alleviate this problem. When you are getting paid to produce content for a brand, you need to have a legally binding contract that outlines the terms and conditions of your agreement. This will ensure no mix-ups, and both parties will know exactly what content will be produced, when it needs to be delivered and how much the compensation will be.

An influencer signing an influencer agreement

What Should I Look for in an Influencer Agreement?

Influencer Agreements need to include specific elements. Knowing what should and should not be included is extremely important. That is why having your Influencer Agreement reviewed by a legal professional should be considered as a necessary business expense. Let’s look at some of the common elements in an influencer agreement now.

Names

It goes without saying that every Influencer Agreement should have the project name, the agent/influencer’s full name and the company/brand’s full name listed. If there is an agency that is representing the influencer or company, that agency should be listed as well.

Compensation

Arguably one of the most important sections in an Influencer Agreement. This section will detail what the influencer will be compensated for his/her/its services that will be rendered.

Compensation Terms

Compensation terms will specify when you will be paid for the work you have done. Payment is commonly made within 30 days of the agreement being completed.

Term of Influencer Agreement

The following section will outline the timeline for the project, and it will specify the start date and the deadline for completing the content.

An influencer smiling while reading an influencer agreement

Deliverables

This section will discuss the specific content the influencer will create for the brand. It will specify the number and type of posts to be produced and which platforms they should be posted on.

Disclosure

The FTC and the Canadian Code of Advertising Standards require influencers to disclose their relationships with brands if they are compensated for posting on social media. Commonly, this can be accomplished by adding a hashtag to the caption, such as #sponsored or #ad.

Content Approval

This is precisely what it sounds like. A brand can request that you provide them with the caption and content you intend to post. If it is in line with their guidelines, it will be approved, and you can post the content.

Exclusivity Agreement

If the brand does not want the influencer working with its competitors, they can include an exclusivity agreement clause in their contract. This clause outlines which companies are competitors and the length of time the influencer is not allowed to work with these companies.

Ownership of Content

One of the most important sections in an Influencer Agreement is the intellectual property section. It outlines who owns any content the influencer creates relating to the brand. Commonly, there are two types of agreements. One, the brand owns exclusive rights to the content. Two, the influencer owns the content, and the brand is allowed to post/re-post content as agreed in the agreement.

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Representations and Warranties

This section contains an acknowledgment by each party that no third-party agreement exists that is preventing them from entering into this Agreement. It also notes that they are legally able to enter into this Agreement.

Confidentiality

As you would expect, a confidentiality agreement will speak to keeping the details of the agreement private. As an influencer, you may be exposed to specific documents or information that is sensitive to the brand. There will be explicit details regarding what can and cannot be disclosed. As well as for how long the confidentiality agreement will be in place

Termination

This section of the agreement details the conditions under which either party can terminate the contract. For example, either party may end the agreement if they give fourteen days’ written notice of termination to the other party.

Morality Clause

A morality clause is often included in brand contracts with influencers to ensure that the influencer is acting in accordance with the morals of the company. If you are involved in any criminal offences or illegal drug/firearm use, this will allow the brand to terminate the agreement and require you to pay back all previously paid fees.

Importance of Hiring our Services to Review your Influencer Agreement

As an influencer, you have invested a lot of time and effort in growing your personal brand and an engaging audience. In order for that to continue, it is important to make sure that your rights are protected in your influencer agreement. We will review your Influencer Agreement to ensure that all aspects are covered, discuss any potential issues, and explain any terms you do not understand.

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Written Agreement

Having a written agreement as opposed to a verbal agreement is incredibly important. Written agreements are legally binding and enforceable. Whereas verbal agreements can be disputed or, in some cases, voided. When money is transferred in exchange for services, it is essential to specify the details of those services. A written agreement can be used as a checklist to ensure that both parties comply with the terms set out in the agreement.

Signing an influencer agreement

Advertising and Marketing Regulations

It is crucial that you follow the guidelines set out by the Government of Canada and the United States Government about advertising, or you could end up in legal trouble. As already mentioned, Influencer Agreements will include a disclosure section that requires the influencer to disclose their relationship with the company. The Government of Canada has the Canadian Code of Advertising Standards that brands and influencers will need to follow. Luckily, they are easy to follow and can be found here Influencer marketing and the Competition Act. The United States Government has something similar called the Consumer Review Fairness Act, and their guideline can be found here Endorsements, Influencers, and Review.

What is a Social Media Agreement?

A social media agreement is different from an Influencer Agreement, although many of the terms will be similar. A social media agreement is a contract between a business and a marketing agency, not a brand and an influencer. These types of agreements will outline the services, along with deadlines and other terms that are to be completed by the marketing agency and by when.

Cellphone showing social media icons

Consider Hiring an Influencer Agency:

You have begun to gain a number of followers, and your community has started to grow. Partnering with an influencer agency may be a good choice. They can help you expand your reach, attract new business opportunities, and advise you on managing your brand. Influencer agencies commonly offer different levels of involvement, from managing e-mails and calendars to simply seeing if you would be a good fit for a brand. Elevating your online presence is key. We recommend reaching out to Trendfluence Marketing Services today to assist you with all your Influencer Agency needs.

How to Become an Influencer in Canada?

The first thing you will need to do is determine your niche or what you are passionate about. Then you can choose your social media platform. Will you be a Youtuber, Instagram star, or a TikToker? Sometimes you can choose all those platforms. As your account starts gaining traction, you will begin to grow a community. Posting real content that others can relate to in their daily life is essential. You will be connecting with your audience on a deeper level and creating a stronger relationship. Your next step would be trying to monetize your work by either reaching out to brands yourself or joining an agency to help you in that process.

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