Have an influencer contract checked: Brand Deals and Cooperation Agreements
A Brand Deal is rarely just “Post for a Fee”. We check what you sign, negotiate fair conditions and design contracts that hold in the event of a dispute.
- Short-term contract review before signature
- Negotiation directly with brand or agency
- Own sample contracts for creator and company
What really matters when it comes to influencer contracts
Cooperation contracts decide what you can do with your content, how long a brand can use your content and what happens when something goes wrong. Many contracts come from the legal department of the brand or the agency and are formulated on one side. Clauses on exclusivity, rights of use and contractual penalties often have greater economic consequences than the actual fee.
We read contracts from the perspective of our clients: We show creators where you give away rights. We help brands and agencies to set up campaigns in a legally secure manner, to regulate labeling obligations in a binding manner and to limit liability risks. The goal is a contract that both sides can live.
Typical situations in which we help
- You have a cooperation agreement for a brand and you should sign it at short notice.
- The brand wants to use its content for Paid Ads, Whitelisting or Spark Ads.
- You should advertise exclusively for a product category for several months.
- The payment is not made or the brand reduces the fee due to alleged defects.
- You are a company or agency and need your own, reliable model contract.
- A contract contains a “morality clause” or high contractual penalties.
Legal basis at a glance
Contract type and performance obligations
Influencer contracts are mostly mixed contracts with elements of the work and service contract. It is important to describe the performance owed in detail: the number and format of the contributions, publication period, platforms, acceptance and correction loops. The more unclear the performance, the easier a page can claim deficiencies and withhold payments.
Rights of use (§§ 31 ff. UrhG)
Your photos and videos are copyrighted. What the brand can do with it results from the granting of rights. According to the purpose of the transfer of purpose (§ 31 Para. 5 UrhG), only the rights that are required for the purpose of the contract are transferred in case of doubt. Additional remuneration should therefore be expressly agreed for advertisements, posters or unlimited uses. In the event of a conspicuous imbalance between remuneration and income, § 32a UrhG also gives a claim for further participation.
Exclusivity and non-compete
Exclusivity clauses should be clearly limited by product category, duration and platform. A blanket formulation such as “No advertising for competitors” is hardly manageable in the event of a dispute. A list of the specifically excluded brands or categories is better.
Labeling and Liability
The contract should regulate who identifies and how and who is liable if there is no labeling. This is particularly important for brands because they have to take responsibility for their influencers’ competition violations. The following applies to Creator: Do not assume any unlimited liability for advertising statements that the brand specifies.
Contractual Penalty, Termination and Morality Clause
Contractual penalties must be appropriate and must not impair unreasonably in the general terms and conditions (§ 307 BGB). Morality Clauses, which allow dismissal in the event of “ruling-damaging behavior”, should be specifically prepared. Otherwise the brand can drop out with every shitstorm.
Practical examples: typical scenarios
We regularly meet the following scenarios in the consultation. They are anonymized and simplified and show how such cases are typically classified. They do not describe any specific mandates and do not promise a specific result.
Unlimited buyout for a small fee
Situation: A lifestyle creator should deliver three reels. The contract grants the brand a timely and spatially unlimited right of use for all media, including TV and outdoor advertising.
Legal assessment: Such a far-reaching grant of rights is generally effective if it is clearly agreed. However, it is often economically disproportionate to the fee. Later, the only option left is to use a subsequent remuneration according to § 32a UrhG.
Our approach: We negotiate a staggering: organic use included, paid ads for twelve months for an additional charge, any further use only by special agreement.
Fee is not paid
Situation: A tech creator delivers two videos as agreed. The agency does not pay and refers to too few views.
Legal assessment: If no minimum range is agreed, the creator usually only owes the agreed content, no specific success. Payment is due upon acceptance or publication.
Our approach: We request payment with a deadline. If you don’t, we’ll issue a dunning notice or file a lawsuit. The other party often pays for the legal letter.
Exclusivity without clear boundaries
Situation: A beauty influencer signs a three-month exclusivity for “care products”. After that, he posts for a hair care brand, and the first brand demands a contractual penalty.
Legal assessment: Whether hair care falls under “care products” is a matter of design. Unclear clauses in pre-formulated contracts are at the expense of the user according to § 305c Para. 2 BGB.
Our approach: We reject the contractual penalty and rely on the ambiguity rule. Future contracts will receive a positive list with clearly named competitors.
Sample contract for a brand
Situation: A start-up wants to work with 30 creators and needs a uniform contract.
Legal assessment: The trademark is liable for incorrect labeling and unacceptable advertising statements. At the same time, it must secure comprehensive rights of use in order to use content in ads.
Our approach: We draw up a modular framework agreement with individual briefing, labeling system, release process and graded usage rights.
That’s how we go
- 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
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
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
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
- Contract contracts only via chat message or email confirmation without declaring performance or rights.
- Do not have rights of use for paid ads separately remunerated.
- Accept exclusivity without a specific list of competitors.
- No regulation on payment deadlines and interest on arrears.
- Adopt the brand’s advertising statements unchecked, such as health promises.
Frequently asked questions about influencer contracts
How much does it cost to check an influencer contract?
We usually charge at cost, typically with hourly rates of between 250 and 350 euros plus sales tax. For clearly defined services such as a standard cooperation agreement, we can arrange a flat rate on request. We will tell you the expected effort in advance.
Is an oral deal via direct message effective?
Yes, contracts can be concluded free of charge. In the dispute, however, the content is difficult to prove. Keep performance, remuneration and rights of use at least in writing by e-mail.
Can the brand continue to use my videos after the end of the contract?
That depends on the agreed granting of rights. If nothing is regulated, it may only use the content as required by the contract. A further use in advertisements after the end of the contract is then regularly not covered.
Can I get out of a contract?
Fixed-term contracts end with the passage of time. Early termination is only possible if it is agreed or if there is an important reason. We will check the exit options your contract offers.
Deepening: Further information
In influencer marketing, contracts decide on rights, obligations and risks – often with far-reaching consequences. Cooperation with brands, agencies or platforms should therefore not be based on trust alone, but on legally secure, professionally designed agreements. We advise influencers, content creators and managements on the review, drafting and negotiation of contracts – with well-founded legal expertise and a deep understanding of the dynamics of digital business models.
Contract review in the influencer context
Before a contract is signed, we carefully check whether all clauses are balanced and legally permissible. It’s not just about classic contract content, but also about specific questions of influencer law: who is allowed to do what with which content? What rights of use are transferred? What specifications apply to Advertising, labeling obligations Oder Platform Rules? We uncover pitfalls, explain opportunities and risks and make your position negotiable – understandable, clear and always to the point.
Use an initial consultation, in person, digitally or by e-mail.
Tailor-made contract design
We create individually adapted contracts that legally secure your role as an influencer or creator and preserve your creative freedom. In particular, we take into account the typical contract forms in the industry: cooperation agreements with companies, management contracts with agencies, license agreements for the use of images, videos or brands and agreements on content production. Also Legally secure terms and conditions, Non-disclosure agreements or contracts for long-term partnerships are part of our range of services.
Legal support in contract negotiations
Not every contract is negotiable – but many are. We accompany you in the direct contract negotiation or in the background, give strategic information, formulate specific proposals for changes and help you to assert your interests in a confident and legally sound manner. We know both the positions of the agencies and the perspective of companies and platforms – an advantage that we use specifically for our clients.
Contract clarity is the best basis for creative freedom. We take care of that.
For influencers, agencies and creative entrepreneurs
Our services are aimed at professional influencers, content creators, agencies, managements and companies working in the field of digital marketing. Regardless of whether you act as an individual or in a team – we offer you a legal basis that you can rely on.
Contact us if you would like to have a contract reviewed, need legal support in a negotiation, or are looking for a reliable legal structure for your cooperation. Feel free to use our Consultation appointment Or write to us about Contact.
Your advantages
We think not only legally, but strategically – with a clear view of the industry, its trends and its risks. Our advice on influencer law is precise, solution-oriented and practical. This creates contracts that are not only legally correct, but also work in everyday life.
Related Topics
Do you need an assessment quickly?
Tell us your request. We’ll get back to you in advance and tell you in advance what costs you have to expect.