Agency and management contracts for influencers: Cooperation law by the lawyer

Cooperation law: the contracts behind the deals

Many creators work with talent management, influencer agencies or multi-channel networks. These take over the acquisition of cooperation, the negotiation and often the billing. In return, you will receive a commission. The underlying contracts regulate how long the binding takes, whether the creator also has to make their own deals with a commission obligation, who owns the contacts and what happens after a breakup.

These contracts are often signed at the beginning of the career when the negotiating position is weak. With increasing range, the balance shifts and disputes are programmed. We ensure fair rules right from the start or a clean separation.

Typical situations in which we help

• You have a management contract with a long term and a high commission.
• You want to change or cancel your management.
• The agency also demands commission for deals that you have acquired yourself.
• The agency will be late or incompletely paid out by the agency.
• You are an agency and want to make your Creator contracts legally secure.
• After the end of the contract, the agency demands further commissions or compensation.

Legal basis at a glance

Legal classification of management contracts

Management contracts are usually agency contracts with the nature of the service contract (§ 675 BGB). Depending on the design, the agency can also act like a sales representative. This is relevant for commission claims, notice periods and a possible compensation claim according to § 89b HGB.

Term, Termination and Gagging

Long terms with automatic extension, high commissions and comprehensive exclusivity can be immoral together (§ 138 BGB) if you gag the creator economically. According to § 627 BGB, a service contract of a higher kind can be terminated at any time if the parties have not effectively ruled this out. Whether that works depends on the contract.

Commissions and billing

A contract should clearly regulate which deals commission is due, how it is settled and when payments are due. If the agency collects fees, it is obliged to surrender and to be accountable. Trust accounts and monthly bills create transparency.

Post-contractual duties

Clauses according to which the agency receives commission for subsequent deals with previous customers even after the end of the contract should be limited in time. Post-contractual non-competition clauses are only permitted within narrow limits.

That’s how we go

1. 1

   Initial assessment

   You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.

2. 2

   Secure evidence and deadlines

   We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.

3. 3

   Set strategy

   Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.

4. 4

   Implement and enforce

   We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.

Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.

Common mistakes to avoid

• Sign management contracts at the beginning of your career without examining.
• No regulation on the billing and payment period.
• Accept commission on all income instead of just on brokered deals.
• Just continue working with a new agency without notice.