Who Is Supposed To Send The Contract – the Influencer or the Brand?
Typically the brand or company is the one to send a contract to the Influencer but in some cases the Influencer is the one to prepare and send the Influencer Contract PDF for the brand to review and sign. It depends on many factors but mainly larger companies have contracts and agreements they have to use pursuant to their company policy. Smaller companies or companies who have not worked with Influencers before, may not have a standard Influencer Contract in place and often ask the Influencer or Creator to send one over. This is why having an Influencer contract example to reference, like the one in our Understanding Negotiations and Contracts course, is a great place to start when it comes to working with brands.
Three Super Important Things To Look Out For In A Contract As An Influencer Or Creator.
If a brand sends you a contract to sign then you need to review every word carefully before signing the agreement. Even if they tell you that the contract reflects everything you agreed to before – you still need to read it. Not all brands are shady or trying to take advantage of you but sometimes there are honest mistakes made where the person you had been corresponding with on the brand side did not draft (or even read) the contract before sending and they are relying on the company’s lawyer or someone else on their team to prepare the contract for you.
Every smart business owner (including you) needs to read every contract word for word to make sure everything is good to go before they sign and it becomes legally binding. Let’s go over three super important things to look out for in a contract as an Influencer or Creator:
1) Make sure the brand did not sneak anything in the contract that you never agreed to. Sometimes there is language they include that is standard contract language but we’re talking about material terms such as you agreed for them to use your photos on social media and the contract now says they can use your photo in any medium in the world including print advertising, billboards and even TV commercials. Make sure you’re not giving away any rights that you don’t know about because once you do…it may be too late to take it back.
2) Make sure everything in the contract reflects your needs too and not just the brands’. For example, what are the deliverables you agreed to, how many rounds of revisions, what is the payment structure, when will you get paid? Contracts are not supposed to be one-sided and only protect the brand, they are supposed to protect both of you and outline all of the major terms and conditions that either person needs to feel confident in entering into the partnership or agreement.
3) Make sure you understand all the terms they use in the contract and actually knows what that means for you and your business. For example, Whitelisting, Non-Compete Agreement, Non-Disparagement clause, Exclusivity etc. When you sign an agreement and agree to terms you have to follow and stick to them, otherwise it may cost you down the line. How can you follow what you have in the contract if you don’t understand what it all means in the first place? It’s important to understand these key contract terms to protect yourself now and in the future.
Can You Negotiate The Contract Terms In A Brand’s Contract?
Yes, absolutely. Remember, you are a business owner too and you have to do and agree to what is in the best interest of your business. That may mean going back and forth with the brand before you agree to sign the final version of the contract because there are some things that you need to clarify, change or add before you can sign off. As always be polite when you are negotiating and sometimes it’s helpful to hop on a call to go over key points. Brands deal with all types of contracts on a regular basis and are used to people requesting to change terms or negotiating points so be confident in standing up for yourself – it’s totally normal.
If you need help figuring out how to negotiate with brands, what to say, expert strategies to get paid more or even would love to have the complex legal terms you always see in contracts be explained in an easy way where you actually know what they mean and understand what you’re signing then you’ll love our Understanding Negotiations and Contracts Course since it’s a 2 hour professional course that gives you the tools and training you need to be confident and protect your business when working with brands and signing Influencer Contracts!
So to summarize in this article what we’ve gone over in this article, if you’re negotiating with brands and signing contracts you need to:
1. It’s important to sign a contract to protect yourself and your business.
2. You don’t need to agree to everything that is in the contract the brand sends to you and it’s OK to negotiate the terms.
3. Always read the contract carefully before signing it to make sure everything you agreed to is reflected accurately in the agreement.
4. Make sure you understand all the terms they are putting in the contract and how they will use your content.
And last but not least, don’t hesitate to reach out to a professional influencer or creator coach for help if you’re struggling in your business, feel stuck or have questions that you want clear and straightforward answers to. By working with one of us, we can answer the specific questions you have for your business and come up with a tailored game plan to help you find success. To work with us in a private coaching session, all you have to do is click here.
If you found this article helpful, we’d love to hear your thoughts in the comments below!