Influencer marketing is everywhere. From TikTok trends to Instagram reels, it’s how brands are cutting through the noise — fast. But as in-house counsel, you're not here to trend. You're here to protect the business.

So what happens when your marketing team wants to ride the influencer wave — and you’re left drafting contracts faster than a viral dance challenge?

We’ve got you.

Here’s your no-nonsense, cut-to-the-chase guide to doing influencer marketing right — legally speaking.

Know what you’re signing up for (literally)

Before you even open a contract template…

Get close to marketing. Understand the strategy. What platforms are they using? What kind of content are they aiming for? Are they sending influencers to events, running paid partnerships, or just gifting product?

Don’t draft in the dark. If you’re not across the right terms like boosting, whitelisting, or dark posting (yes, it’s a thing), you could miss key risks.

Contracts: clauses you can’t phone-in

Influencer agreements aren’t your standard T&Cs. Here’s where you need to dig in:

1. The parties
Surprisingly easy to get wrong. Is the agent signing? Should it be the talent? (Spoiler: it should.) Don’t get stuck chasing payment from someone who isn’t legally on the hook.

2. Deliverables
“Post an Instagram story” isn’t good enough. What’s the content about? When should it go live? Does it need brand approval first? Lock down the details.

3. Ownership & usage rights
Is the brand licensing the content or owning it outright? Can it be used across all platforms — and by your distributors or retail partners? Be specific. Talent is getting savvier (and more protective).

4. Payment terms
Push back on 100% upfront. Stagger payments or tie them to milestones. You need leverage if things go wrong.

5. Exclusivity
It’s expensive — and often unnecessary. Is it really essential? If so, define exactly what it covers (jurisdiction, platforms, competitors) and how long it lasts.

6. Termination rights & brand protection
Always have a clean exit clause. You might love an influencer today — but what if they’re in the tabloids tomorrow for all the wrong reasons? You need the right to take the content down and walk away, no drama.

When things go wrong (and they will)

Here’s a cool-headed checklist to use when a campaign goes off track:

• Who’s actually at fault? It’s not always the influencer. Sometimes the brand’s misused the content.
• What’s the real risk? Is it reputational, legal — or just awkward?
• What does the contract say? And does it back up your next move?
• Can we fix it fast? Often, the solution is simple: take the content down and move on.
• Be commercial. You might technically be right, but is it worth the hassle over £1K?

Due diligence: it’s not optional

Before anything gets signed:

• Vet the influencer. How have they worked with other brands? Any ASA complaints or similar elsewhere?
• Check the agent is legitimate. Yes, people do pretend to represent influencers they don’t.
• Use tools or platforms to make this quicker. AI is your friend.

Payment structures: what works?

A flat fee with no commission is the most common approach, with payment on completion. For longer campaigns, monthly milestones can work too. But if you're being asked for 100% upfront? Push back.

Build a template that works hard

Instead of juggling five versions of the same contract, Alicia recommends creating a flexible, balanced master template that:

• Covers typical social media use
• Balances brand protection with fairness
• Doesn’t need redrafting every time

It takes a bit of work upfront — but saves hours down the line.

Final thoughts: don’t just be legal — be useful

If you're stepping into influencer marketing for the first time, our golden rule?

“Understand the world you’re drafting for. Don’t just Google acronyms. Learn the lingo, get close to the team, and speak their language.”

Be curious. Ask questions. Lean on your peers (hello, Watering Hole). And remember — this space moves fast. The best thing you can do? Stay in the loop, and stay human.

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