Influencer Agency Contract Template for United States

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Key Requirements PROMPT example:

Influencer Agency Contract

"I need an Influencer Agency Contract for representing a gaming influencer with over 1M followers, including exclusive representation rights and specific requirements for Twitch streaming content, starting March 2025."

Document background
The Influencer Agency Contract serves as the foundation for professional relationships in the growing influencer marketing industry. This document is essential when an agency takes on the representation of social media influencers in the United States. It covers crucial aspects including commission structures, content obligations, exclusivity terms, and compliance with FTC guidelines. The contract protects both parties by clearly defining responsibilities, performance expectations, and termination conditions while ensuring adherence to applicable U.S. federal and state laws governing digital marketing and talent representation.
Suggested Sections

1. Parties: Identification of the Agency and Influencer, including full legal names and contact details

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement including 'Services', 'Content', 'Platforms', and 'Campaign'

4. Services: Detailed description of influencer services to be provided, including content creation, posting requirements, and engagement obligations

5. Compensation: Payment terms, commission structures, and payment schedules including base fees and performance bonuses

6. Term and Termination: Duration of agreement and conditions for termination, including notice periods and post-termination obligations

7. Intellectual Property Rights: Ownership and usage rights of content created, including licensing terms and content retention rights

8. Compliance Requirements: FTC disclosure requirements, platform-specific guidelines, and regulatory compliance obligations

9. Representations and Warranties: Legal assurances from both parties regarding their capacity, authority, and compliance commitments

10. Confidentiality: Protection of sensitive information shared between parties during the engagement

Optional Sections

1. Exclusivity: Terms of exclusive representation and restrictions on working with competing agencies or brands

2. International Services: Terms for cross-border services and compliance with international regulations

3. Content Approval Process: Procedures for content review and approval, including revision cycles and timelines

4. Performance Metrics: Specific KPIs and performance requirements, including measurement methods and reporting obligations

5. Crisis Management: Procedures for handling negative publicity or social media crises

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of compensation structure and rates, including commission percentages

2. Schedule B - Content Guidelines: Specific requirements for content creation and brand alignment, including dos and don'ts

3. Schedule C - Platform-Specific Requirements: Guidelines for different social media platforms and their specific content requirements

4. Schedule D - Approved Brands List: List of pre-approved brands for collaboration and any restricted categories

5. Schedule E - Reporting Templates: Standard formats for performance and activity reporting, including metrics tracking sheets

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
Industries

FTC Regulations: Federal Trade Commission guidelines covering endorsement disclosures, sponsored content requirements, and truth in advertising standards for influencer marketing

Intellectual Property Laws: Legal framework including Copyright Act, trademark laws, right of publicity, and Digital Millennium Copyright Act (DMCA) protecting creative works and brand assets

Social Media Platform Compliance: Platform-specific rules and terms of service requirements that influence content creation and posting guidelines

Contract Law: State-specific contract laws, Statute of Frauds requirements, and rules governing contract formation and enforcement

Labor Laws: Regulations covering independent contractor vs. employee classification, Fair Labor Standards Act, and state-specific labor requirements

Privacy Laws: Data protection regulations including GDPR (if applicable), CCPA, and other state-specific privacy laws governing personal information handling

Tax Laws: IRS regulations for independent contractors, state tax requirements, and international tax considerations for cross-border influencer work

Consumer Protection Laws: State and federal statutes protecting consumer interests and regulating false advertising practices

Digital Communications Laws: CAN-SPAM Act and Telephone Consumer Protection Act (TCPA) governing electronic marketing communications

Industry-Specific Regulations: Specialized regulations from FDA, FCC, and other agencies for specific industries like health, finance, or alcohol when applicable to influencer content

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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