Influencer Agreement Solicitors
An influencer agreement is a contract between a brand (or agency) and a content creator setting out the content to be produced, payment, how the content must be labelled as advertising, how long the brand can use it, exclusivity and what happens if either side damages the other’s reputation.
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Adam Bernard Solicitors drafts influencer and brand ambassador agreements for brands, agencies and creators.
Influencer marketing moves fast, but the legal risks are real. Brands and creators can both be held responsible for hidden advertising and misleading claims.
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Influencer Agreement vs Brand Ambassador Agreement
An influencer agreement usually covers a specific campaign or set of posts, while a brand ambassador agreement creates a longer-term relationship with ongoing content, appearances and exclusivity. Ambassador agreements need more detailed provisions on exclusivity, conduct, renewal and termination.
Key Clauses in an Influencer Agreement
The essential terms are deliverables, approval, disclosure, usage rights, payment, exclusivity, conduct and termination.
Deliverables – platforms, number and format of posts, stories or videos, and posting dates.
Approval process – brand review rights and timing.
Advertising disclosure – how content will be labelled, such as “Ad” or “Advert”.
Usage rights – whether the brand can repost, use content in paid ads, or edit it, and for how long.
Intellectual property – ownership of the content and licence back to the creator.
Fees – fixed fees, product, affiliate commission and payment dates.
Exclusivity – restrictions on working with competitors for a defined period.
Morality clause – rights to terminate if either party’s conduct causes reputational harm.
Performance data – sharing of analytics and audience information.
Advertising Disclosure Rules
Influencers must make clear when content is advertising, and brands can be liable for hidden advertising by influencers they work with. The Competition and Markets Authority publishes guidance on social media endorsements for content creators and on social media endorsements for brands. Since April 2025, the CMA has been able to enforce consumer law directly and impose fines under the Digital Markets, Competition and Consumers Act 2024, which also bans fake reviews and concealed incentivised reviews. The agreement should therefore require clear disclosure and give the brand the right to request corrections.
Content Ownership and Usage Rights
The creator usually owns the copyright in content they produce unless it is assigned in writing, so usage rights must be agreed expressly. Under the Copyright, Designs and Patents Act 1988, an assignment must be in writing and signed. Most brands take a licence for defined channels and periods, with extra fees for paid media use. Where content features other people, releases are needed.
Product Claims and Regulated Products
Influencer content must not make misleading claims, and products such as medicines, financial products, alcohol and gambling are subject to extra rules. Briefs should include approved claims and prohibited statements.
Data and Audience Information
If influencers share follower data or run competitions collecting personal data, data protection law applies. Responsibilities should be set out in the agreement, and a data sharing agreement may be needed.
Tax and Status
Influencers are usually self-employed, and income including gifted products may be taxable. See GOV.UK guidance on employment status.
Influencer Agreement Checklist for Brands
Before a campaign goes live, brands should confirm seven points.
- The deliverables,posting dates and platforms are agreed in
- Thedisclosure wording is specified and
- Productclaims have been checked and
- Usagerights cover all intended channels, including paid
- Exclusivityperiods and competitor restrictions are
- Paymentterms and any performance bonuses are
- Thereis a process for correcting or removing
Influencer Agreement Checklist for Creators
Creators should check that the agreement protects their audience and their income. Look for fair payment terms, limits on usage rights and exclusivity, reasonable approval timescales, a morality clause that works both ways, and a clear right to refuse to make claims you cannot substantiate. Make sure you keep ownership of your content unless you are paid to assign it.
How Adam Bernard Solicitors Can Help
We draft influencer agreements, ambassador agreements and agency-talent agreements, review contracts for creators through our contract review service, and prepare related commissioning agreements. See all our commercial contract services.
Call 0207 100 2525 (24/7) or book a free consultation to discuss your contract.
This page is for information only and does not constitute legal advice.
Frequently Asked Questions
What should an influencer agreement include?
Do influencers have to label sponsored posts as ads?
Who owns influencer content?
Can a brand be liable for an influencer's hidden advertising?
What is a morality clause in an influencer agreement?
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