6 Points to Negotiate in Your Next Influencer Collaboration

6 Points to Negotiate in Your Next Influencer Collaboration

 

Are you an influencer looking to land some big brand-name deals? This would bring you more opportunities to grow, connect, and level up your income. This sounds like a dream, right? A lot goes into an influencer collaboration contract, so I want to ensure you know what this looks like before jumping into this kind of commitment. Here’s 6 points to negotiate in your next influencer collaboration. 

 

 

 

 

One thing you need to know as an influencer is that when you receive this collaboration contract, you should 100 percent negotiate it before signing it. It is not set in stone, so feel free to look it over and make some notes of what you’d like to change and plan to discuss them with your collaborator. 

 

This may make you feel a little nervous to do, but I’m going to give you the tips you need to make sure each party is getting their fair share of this collaboration. This is such a great opportunity, and I want this to be a positive experience for you. The more you know, the better prepared you will be and you will soon be a pro at these collab contracts. Alright, let’s get started! 

 

Disclaimer: What kind of attorney would I be if this didn’t have a disclaimer? I’m a licensed attorney and I practice in Utah and Idaho. I am not your attorney. This is not official legal advice. If you have any questions, please consult with a legal professional in your jurisdiction.

 

 

 

 

6 Points to Negotiate in Your Next Influencer Collaboration

 

First, I want to remind you that a contract is a legally binding document. Therefore, it’s really important to read through and understand the entire contract. Not only because the other party may be trying to slip in some weird language, but they may just be lazy with their drafting. This is something you want to catch before signing. You want to be 100 percent sure the contract you are signing is what you agreed upon beforehand with your collaborator. 

 

I’ve created a 6-part framework that guides you through reading and redlining any part of the contract document that you have questions about. This is especially important as you look through the budget section of the contract. Is the budget listed as a firm number or can it be negotiated? Either way, you want to make sure you are getting the value you deserve as a creator and business partner in this transaction.

 

Influencer Collab Point 1: Scope of Deliverables

 

The scope of deliverables are the “asks” of the agreement. In this section, you want to have a detailed description of the content that is going to be created. E.g. how long the posts should be, how often to post, the format, etc. You also want to know the deadlines for creation, submission, approval, and publication. 

 

Something else to look for is what the editing process looks like. You do not want to sign yourself up for an unlimited time of creative process where the client “knows it when they see it.” That is a recipe for disaster. It’s normal to have 1-2 rounds of revisions, but anything beyond that is a bit unnecessary. 

 

Influencer Collab Point 2: Compensation

 

This one you obviously want to be clearly stated in the contract. Make sure you understand how, when, and what you are getting paid. The payment terms need to be clearly listed. Are you responsible for invoicing the brand? Is there a timeline stated for how long it’ll take the brand to pay you once you invoice them? E.g. If it says it’s a net of 90 days of getting paid, that is an excessively long time to wait, so definitely negotiate that to be a shorter amount of time. I recommend changing it to net 60 or even net 30. 

 

You also want to make sure some type of language is listed regarding late fees and/or penalties. If there is nothing listed about this, negotiate to have it added in. You want to protect yourself and make sure the company will not ghost you after giving them the content you produced for them. 

 

 

 

 

Influencer Collab Point 3: Content Ownership

 

The contract should include who is the owner of the content created in this collaboration. The default is usually that the creator or influencer owns the intellectual property. However, if they want to buy it out, make sure they pay–and pay BIG. 

 

There should also be very clear language on having separate intellectual property rights. You are probably only getting a little license to use the brand name and copyright or trademark materials for a certain time. Make sure this is a two-way street, so the brand cannot use your name, photo, etc. on other content of theirs that was not part of your original collab deal. 

 

Influencer Collab Point 4: Usage Rights & Licensing

 

This is closely related to intellectual property rights. Let’s say the brand wants to own something you create that you’re not willing to negotiate on, but you would be willing to negotiate the usage rights and licensing terms. This is definitely something you should be charging for in addition to your base fee. 

 

 

 

 

Influencer Collab Point 5: Exclusivity

 

Determine if there is any expectation of exclusivity. When I represent creatives, we are trying to narrow exclusivity. If the brand says something general like, “Don’t accept any competitors.” do not accept that. The brand should list out the actual competitors or even the products that it is not OK with you posting about. If the brand is asking for a lot of exclusivity then make sure you up the rate for this ask! 

 

Influencer Collab Point 6: Teamwork

 

This one will help clear up any last questions and communication breakdowns that you have in order for you to have a successful collaboration. You want to know what your timeline looks like from start to finish with the work the brand is wanting you to do. 

 

This is the time to talk about the revision process for produced content(as mentioned earlier), rush fees, and analytics reports. If the brand is wanting you to submit a report on how things are going, discuss what format to have this report in. Does it want screenshots, a PDF, etc.? Ironing out these details will set up a suitable foundation for you to deliver the work the brand wants and that you feel good about. 

 

 

 

 

6 Points to Negotiate in Your Next Influencer Collaboration

 

Now that you’ve covered all your bases with these 6 points to negotiate in your next influencer collaboration, the last thing to check for on the contract is party names. Make sure the parties are identified correctly. This is usually found at the top of the agreement and where you sign. You specifically want to make sure that if you have set up an LLC or something similar for your business that that name is listed on the contract and not your personal name. 

 

If you’re thinking all of this sounds great, but how do you actually get your hands on this type of contract, I’ve got you covered. You can check out my influencer collab contract HERE that lists out all the details you need for your agreement and it’s even customizable, so you can make any edits you’d like. If you want to stay in the know on more biz legal tips, follow me on Instagram @brittanyratelle. 

 

 

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