Planning for next year begins. Creators should carefully review these clauses in each cooperation agreement.
The Seven Clauses
- Service description: Number of formats and dates of the content
- Usage Rights: Scope, Duration, Media, Paid Ads
- Exclusivity: industry, duration, exceptions
- Releases: Deadlines and number of correction loops
- Compensation: due date, sales tax, delay
- Contractual penalties: Amount and requirements
- Termination and Morality Clauses
What matters most
Most disputes arise about rights of use and exclusivity. An unlimited worldwide use for advertisements should be remunerated separately. Exclusivities should be tightly limited to direct competitors.
Practical examples
Unlimited Paid Ads Usage
Situation: A brand wants to use content indefinitely for ads.
Classification: This corresponds to a considerable additional performance.
Recommendation: Limit the term or negotiate additional remuneration.
Exclusivity across the industry
Situation: A sporting goods manufacturer demands exclusivity for all sports products.
Classification: The clause severely restricts the creator.
Recommendation: Limit to direct competitors and short duration.
Morality clause
Situation: A contract allows termination without notice in the event of “ruling-damaging behavior”.
Classification: The wording is too vague.
Recommendation: Agree on specific facts and hearing.
Conclusion
Good contracts are the basis of a successful year. Have important contracts checked before signing.
Do you have questions on this topic? More on this on our page Contract review and negotiation or directly via our Initial assessment.
Frequently asked questions
How long can an exclusivity clause run in an influencer contract?
There is no fixed maximum duration. Exclusivity, however, must be factual, timely and industry-related. A few weeks to a few months around the campaign are usual. Longer or industry-wide bans are only justifiable with reasonable remuneration and could otherwise be ineffective.
What happens to my content when the cooperation ends?
This is regulated by the clause on the rights of use. If there is no clear time limit, the brand often refers to unlimited use. Creators should explicitly specify useful life, media and areas and allow an extension only for additional remuneration.
Do I have to sign a contract submitted by the agency?
No. Almost every clause is negotiable, especially in the case of contractual penalties, exclusivity and rights of use. Have the draft checked before signing; Changes are easiest to enforce at this stage.
Further information: Right of cooperation · Contract review and negotiation