13 Steps to Draft Your Influencer Contract in 2024 (+ Template)

So, you’ve pinpointed the perfect influencers for your marketing campaign. Now comes the task of drafting an airtight influencer contract. This step is crucial, serving not just as a formality but as a safeguard for all parties involved.

Of course, you'll need to get the blessing of a legal expert to make sure your social media influencer contract sets clear expectations, reduces risks associated with your brand, and will hold up in the applicable court of law. But having a draft prepared for your lawyer may save you a bit of time and legal fees.

In this blog, we’ll provide an influencer contract template, and also break down the common components you should include.

Why you need an influencer contract

When collaborating with an influencer you need to draft an influencer agreement to protect all parties involved.

• For brands and agencies, an influencer contract clearly states the deliverables and guidelines. It also prevents possible disputes or misunderstandings that may arise during collaboration.

• For influencers, a contract clarifies responsibilities, compensation, and content rights. It protects them from any additional demands or last-minute changes to the scope of work.

Starting an influencer marketing campaign without a contract can lead to content misalignment, unmet deliverables, and potential reputation or financial damage.

What to include in your influencer contract

A comprehensive influencer agreement should cover several key aspects:

1. Scope of work

Outline the specific responsibilities you expect the influencer to fulfill. This section should include:

• Type of content (posts, stories, or videos)

• The number of content pieces you expect the influencer to create or publish

• The social media platforms you’re targeting

• Relevant hashtags

• Specific brand mentions

• Calls to action

• Additional scope, like whether you expect the influencer to travel to events

The more detailed you get with each point, the better. For example—you might state that you want influencers to create two Instagram Reels and four Instagram Stories featuring the brand’s products.

2. Standard conditions

Standard conditions are general terms and clauses governing the relationship between the brand and the influencer. Outline these conditions to protect the interests of both parties and maintain transparency.

Here are some points you might choose to mention:

• Duration of the contract. Specify the start and end dates of the partnership. This helps both parties plan the deliverables and ensures that the influencer is fairly compensated for their work within the set timeframe.

• Exclusivity. This will prevent the influencer from working with competing brands during the contract period. This clause protects the brand’s interests and ensures that the influencer’s content and messaging remain focused on the brand they are representing.

• Confidentiality clause. This prevents the influencer from disclosing sensitive information about the brand or the collaboration to third parties and protects their intellectual property.

• Consequences of breaching the contract. This safeguards the brand against any potential violations and outlines a clear course of action in case of a breach.

3. Content requisites

In an influencer contract, content requisites refer to the specific guidelines and requirements that the influencer must follow while creating content for a brand. Having this written out will ensure content aligns with your brand values, messaging, and overall aesthetics, while keeping the influencer’s authentic voice and style intact.

Here are some elements you might want to include:

• Brand messaging guidelines. Specify the key points, features, or benefits of the product or service that the influencer should highlight in their content and how.

• Visual guidelines. Outline the aesthetic and style requirements for the content. Include any specific colors, fonts, or visual elements that the influencer must use. Also include any branded assets, such as logos or product images.

• Tone of voice guidelines. Include any information on tone or specific sentences that you think resonate with your brand and audience. This is particularly important for maintaining consistency when collaborating with multiple influencers at once.

• Content formats. Include any content formats or technical requirements, such as the minimum photo resolution or video length.

4. Social media networks

List all the social media platforms you’d like the influencer to post their campaign content to. Often, this will be determined by the influencer’s best-performing platform. You can also outline the specific requirements for each social media platform. For example, if your influencer marketing campaign is heavy on video content for Instagram, set parameters for the duration of the videos. Or, if you want to lean into Instagram Stories, state how many and in what order.

This section should also include whether you expect any cross-promotion activities, such as the influencer sharing their content across other platforms or on your brand channel in a takeover campaign.

5. Payment terms

Outline the compensation structure and schedule. This section should include:

• Total amount

• Bonuses (if any)

• Payment structure (flat fee, commission, or a combination)

• Payment frequency (upfront, monthly, or upon completion)

• Payment method (direct deposit, PayPal, or check)

• Tax implications

• Any expense reimbursement policies

6. Publishing guidelines and approval process

Use this section to outline your internal approvals process and what steps the influencer needs to take before they publish their campaign content.

At bare minimum, this should Include:

• Deadlines for submitting drafts

• Number of revisions allowed

• Timeframe for feedback

• The approvals process

Tip: For product gifting and seeding collabs, where you are not paying the influencer, it is common to not require an approvals process.

7. Disclosure requirements

This section should include how you expect influencers to clearly indicate their endorsement of your product. Take a look at the Federal Trade Commission's Endorsement Guides to determine what influencers need to disclose and how influencers are required to disclose their relationship with the brand in their content.

You should also include any platform-specific disclosure requirements here, such as Instagram’s Paid Partnership feature or YouTube’s Includes Paid Promotion tag.

Proper disclosure maintains the influencer’s credibility and also maintains the audience’s trust in the influencer. This prevents legal and reputation consequences for both parties.

We've highlighted a variety of disclosures in the content below, provided by Haley Hoffman, a freelance social media marketer and micro influencer.

8. Deadlines

Include deadlines for concept submission, draft review, final approval, and publishing. The timeline should be realistic and include any repercussions for missed deadlines.

Tip: For unpaid influencer collabs, it is common to keep the influencer requirements as simple as possible. One way to do this is to give creative freedom to the influencer and don't require a concept submission or draft review.

9. Hashtags

This section of your influencer contract template must include any campaign-specific or brand-specific hashtags you want influencers to use in their content, guidelines for usage, and any prohibited or sensitive tags.

10. Brand mentions

Outline how the influencer can mention or tag the brand, including handles, URLs, and product names. Take this opportunity to add how you want the influencer to tag your brand as well. Would you prefer they use your handle? Link to your website?

11. Deliverables

This section should outline exactly what you expect influencers to deliver. Get as specific as you like here, but remember that the influencers know their audience best and will have a better understanding of what kind of posts and how many posts their followers are receptive to.

Include details like:

• Number of posts

• Technical requirements of content pieces

• Type of posts

12. Content rights

When you partner with an influencer, be clear on who will own the rights to the content created for you and how that will be structured. It’s common for a brand to request usage rights and negotiate additional compensation and terms of use after the content is published. You can also negotiate content rights before the collaboration.

The images below show how one brand spells out content rights and usage in an influencer agreement.

13. Any other restrictions

To protect the brand’s reputation, you must outline topics, statements, and actions to avoid, such as unverified product claims, misleading statements, and sensitive or controversial topics that can affect the brand’s reputation.

When you might not need a social media influencer contract

There are some situations where a formal influencer contract might not be necessary, such as:

When you’re gifting or sending free products

You may not need a contract if you’re sending products to influencers as gifts. In this situation, the social media influencer isn’t obligated to talk about your product on social media in any specific manner, and you can’t add constraints to what they’re allowed to freely share.

However, note that without a contract you have very little control over the situation. And if you’re launching a product seeding campaign—where you send the products to a large number of influencers, you still don’t need to send individual contracts.

When you’re working with nano- or micro-influencers

For smaller-scale collaborations with nano or micro-influencers, a less-detailed agreement or a simple email outlining the expectations may suffice.

However, there are certain pointers you ideally should provide to add some protection to the collaboration. This might include exclusivity rights, deliverables, content requisites, and payment terms.

When you definitely do need a social media influencer contract

When you partner with influencers for ongoing relationships

For long-term influencer collaborations, such as brand ambassadorships or affiliate relationships, a contract is mandatory.

You need to establish the collaboration terms and conditions to protect both parties throughout your partnership.

When you work with big-name influencers

When working with macro-influencers or celebrities, a highly detailed contract is non-negotiable, ensuring everything is clear and legally binding for both parties.

Influencer contract template

Download and use via PandaDoc

Ready to kickstart your next influencer relationship? Fill out these sections in your influencer agreement template to protect both parties and set your campaign up for success:

• Introduction: Mention the parties involved and the purpose of the social media influencer agreement.

• Scope of work: Include the deliverables, social media platforms, and timeline.

• Compensation: Detail the payment amount, structure, and schedule.

• Content guidelines: Outline the brand’s content requirements and restrictions.

• Approval process: Establish a clear process for content review and approval.

• Disclosures: Include the required disclosures and adherence to FTC guidelines.

• Content rights: Define the usage rights for the created content.

• Confidentiality: Include a clause to protect sensitive information shared during the collaboration.

• Termination: Outline the conditions under which either party can terminate the agreement.

• Disputes: Specify how disputes will be handled and the governing law.

• Signatures: Provide space for both parties to sign and date the contract.

Influencer contract FAQ

Are social media influencer contracts legally binding?

Yes, influencer contracts are legally binding agreements that outline the terms and conditions of the collaboration. Both parties are obligated to adhere to the contract once it is signed.

What happens if an influencer breaches the contract?

If an influencer breaches the contract, the brand or agency may have the right to terminate the agreement, withhold payment, or seek legal action, depending on the terms outlined in the contract.

Can an influencer contract be amended after it’s signed?

Yes, an influencer contract can be amended if both parties agree to the changes in writing. This is called an amendment or addendum to the original contract.

How long should an influencer contract be?

The length of an influencer contract can vary depending on the complexity of the collaboration. It should be long enough to cover all essential aspects but not so lengthy that it becomes confusing or intimidating.

Do I need a lawyer to create an influencer contract?

While it’s not always necessary, it’s recommended to consult with a legal professional to ensure that your social media influencer contract template is legally sound and protects your interests. In regulated industries, legal review is super important.

Wrapping up

Creating a solid influencer contract template is essential if you want your influencer marketing campaign to be a success. It’s not just about dotting your i’s and crossing your t’s—it’s about making sure everyone’s on the same page and protecting both your brand and the influencer from any potential headaches down the road. The influencer industry evolves every day and new rules crop up all the time, so it’s important to stay up to date.

If you need an extra hand in creating successful influencer marketing campaigns, schedule a demo with us today. We’ll show you how MightyScout can help.