Influencer marketing is big these days and it works. How do I know? After growing my Instagram to 20,000 followers in one year, I was invited to work with many prominent companies around the world as an influencer such as with the amazing resort above. As a lawyer who has worked as an influencer, I know exactly what terms you need to include in your influencer contracts to protect yourself, whether you are the business or the influencer. Some of the things you should be thinking about when drafting your agreements are:
- The exact scope of work. What is each party agreeing to do in exchange for what? Be specific.
- Draft and sign a contract BEFORE you send products, take photos, do whatever it is you are doing.
- Typically, the person who takes the photo owns the copyright. If you are a business, perhaps you should consider having the influencer assign the rights to you, or as the influencer maybe you want to keep the rights and license the photos to the company.
- Collaboration agreements are often cross-border/international as the influencer does not live in the same geographical location as the business. Should any issues arise, which state or country laws apply? Agree beforehand.
- Define how you are going to pay/get paid. How much, how often, where the money goes, what happens when a payment is late.
- Many influencers will post a photo, then delete it shortly after. Always define exactly how long the content needs to stay up, whether the company needs to approve posts beforehand, if the company can continue using the photos indefinitely, etc.
- If you have any uncertainties about the terms you are agreeing to, you should always consult an attorney! We make sure you are getting a fair deal.
Happy collaborating š