Influencer Marketing Contract Generator for England and Wales

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Key Requirements PROMPT example:

Influencer Marketing Contract

"I need an Influencer Marketing Contract for a gaming influencer who will promote our new mobile app through Instagram and TikTok posts, with monthly deliverables starting January 2025 and including exclusivity provisions to prevent them from promoting competing apps."

Document background
The Influencer Marketing Contract serves as a fundamental legal framework for collaborations between brands and social media influencers in the digital marketing landscape. This agreement, governed by English and Welsh law, is essential for protecting both parties' interests while ensuring compliance with UK advertising standards, consumer protection regulations, and data privacy laws. It typically includes specific deliverables, payment terms, content approval processes, and disclosure requirements, while addressing intellectual property rights and brand safety measures.
Suggested Sections

1. Parties: Identification of contracting parties (brand and influencer)

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of influencer deliverables and requirements

5. Payment Terms: Compensation, payment schedule, and related conditions

6. Content Approval Process: Steps for content review and approval

7. Intellectual Property Rights: Ownership and usage rights of created content

8. Compliance Requirements: Advertising standards and disclosure requirements

9. Term and Termination: Duration and ending conditions of the agreement

Optional Sections

1. Exclusivity Provisions: Restrictions on working with competitors - use when brand requires exclusive partnership

2. Performance Metrics: Specific KPIs and measurement criteria - use for performance-based agreements

3. Crisis Management: Procedures for handling PR issues - use for high-profile campaigns or sensitive products

Suggested Schedules

1. Campaign Brief: Detailed campaign requirements and guidelines

2. Content Guidelines: Brand style guide and content requirements

3. Payment Schedule: Detailed breakdown of payment terms and milestones

4. Disclosure Requirements: Specific wording for ad disclosure and compliance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Consumer Protection from Unfair Trading Regulations 2008: Primary UK legislation protecting consumers from unfair practices, requiring influencers to clearly disclose commercial relationships and sponsored content

Consumer Rights Act 2015: Sets out consumer rights and business obligations, affecting how influenced products/services must be described and marketed

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, providing detailed rules for social media advertising and influencer marketing

UK GDPR and Data Protection Act 2018: Regulations governing how personal data must be collected, processed, and stored in influencer marketing campaigns

Copyright, Designs and Patents Act 1988: Protects intellectual property rights in content creation, including ownership of influencer-created content and brand materials

Trade Marks Act 1994: Governs the use of trademarked material in influencer content and brand protection

Unfair Contract Terms Act 1977: Controls the use of unfair terms in contracts, ensuring balance between brand and influencer rights

Electronic Commerce Regulations 2002: Regulates online commercial communications and digital marketing activities

ASA Guidelines: Advertising Standards Authority guidelines specifically addressing influencer marketing disclosure requirements and best practices

CMA Guidelines on Social Media Endorsements: Competition and Markets Authority guidance on transparent disclosure of commercial relationships in social media

Industry-Specific Regulations: Additional regulations for specific sectors like gambling, alcohol, or financial services that affect influencer marketing in these areas

Employment Rights Act 1996: May be relevant if the influencer relationship could be construed as employment rather than independent contracting

IR35 Legislation: Tax legislation that may affect how influencer relationships are structured for tax purposes

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may be affected by or enforce rights under the influencer contract

Privacy and Electronic Communications Regulations: Regulates electronic communications and marketing, including social media promotional activities

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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