How to sign a contract with an influencer?
Influencers often come from the younger generation, who think of collaboration as a relatively informal relationship that doesn't need to be unnecessarily complicated by paperwork. This makes it all the more important for the company to come up with the requirement for a written collaboration agreement itself and ideally have the agreement drafted by their lawyer. Otherwise, it risks problems in the future.
The written contract is the basis
What to put in the contract
The contract should define, at least in a basic way, the cooperation between the company and the influencer in promoting the services, products or brand. The more detailed the influencer's obligations are in the contract, the better for the company.
The contract should include at least the following:
- Description of the product/service/brand to be promoted
- Definition of the platform where the promotion will take place (Instagram, Facebook, YouTube, etc.)
- Method of promotion - will it be photos, videos or just text posts?
- Number of posts that the influencer will be required to publish
- Exclusivity - will the influencer be allowed to collaborate with other companies, or in what industry?
- How the influencerwill be rewarded (financial reward, barter, discounts on product purchases, etc.)
- Penalties for breach of contract by the influencer
- Copyright of the influencer's posts
Of course, other areas can be addressed when entering into a collaboration. For example, it can be recommended that the company always asks for statistics of followers, as some influencers often "buy" their followers to improve their image, thus distorting the real reach of their posts.
The company should also pay attention to consistently marking influencer promotional posts as paid collaborations. Failure to do so is a violation of the law for which not only the influencer, but also the company that commissioned the promotion, may be liable.
Conclusion
Collaborating with an influencer to promote your brand may look easier at first glance than it actually is. There are all sorts of legal or factual pitfalls that should be contractually addressed to minimize the risk of later damage. Not only can an influencer serve you well as a marketing tool, but it can also cause you unpleasant problems that could have been eliminated at the outset.
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Disclaimer:
The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2021. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.