Drafting a contract for an influencer marketing campaign

Forming a contract with influencers is a crucial stage. This is where everything can shift. Let’s take a look at what not to forget.
Mar 2019


When they schedule an influencer marketing campaign, brands should ask themselves about the legal implications. How do you work with influencers? How much do you pay them? Is it necessary to sign a contract?

The legal aspect can be a delicate subject when it comes to an influence campaign. Often with little experience, the two parties can, in the long term, find themselves in difficult situations.

Should you sign a contract with influencers?

Let’s get straight to the point: the answer is yes.

Whatever the service you agree with influencer, whether it’s a micro-influencer or macro-influencer, it is necessary to sign a contract with them. The terms of their remuneration are, for example, very important. This remuneration can take several forms:

  • Financial compensation
  • One of more free products
  • An invitation to an event organised by the brand
  • A trip
  • Etc.

The why and how of the campaign must also be clearly defined. There’s nothing better than to draft a contract to ensure that all parties understand the issues behind the campaign.

In the contract, several subjects need to be tackled in order to ensure the protection and security of both parties. The contract clauses must be as precise as possible.

This task is not simple to achieve. The expertise of a lawyer is often necessary as this collaboration requires, among other things, good knowledge of image rights. It often becomes complex for brands to draft each of its contracts taking into account the conditions specific to each influencer.

This is why influence experts and platforms are still incredibly helpful in supporting businesses throughout their campaign and can limit the risks, particularly when mobilising influencers.

Among other services, these platforms take care of the legal and contractual part (pricing, payment, campaign length etc.).

How do you work with digital influencers?

Like any brand ambassador, digital influencers expect two things from the brands with which they work:

  • A healthy relationship, in which their work and community are respected.
  • Remuneration that reflects their investment.

At Kolsquare, we support the work of influencers and recognise them as forms of media in themselves. An influencer is a professional whose job consists in building and developing an image, as well as leading a community. It is therefore normal that a brand wishing to capitalise on this image be remunerated.

As such, drafting a contract is important. Doing so under the best terms is without doubt more so. Never forget that the influencer is your partner. They will bear your image for the duration of the digital operation.

The healthier your relationship is, the fewer risks you take. Ensure that you adhere to your part of the contract, as they adhere to theirs.

Regular communication with your influencer throughout your partnership will help to create a healthy and amicable relationship. Total transparency generated by the two parties will only be beneficial.