Influencer agreements—key issues
Produced in partnership with Caroline Swain of Charles Russell Speechlys
Influencer agreements—key issues

The following IP guidance note Produced in partnership with Caroline Swain of Charles Russell Speechlys provides comprehensive and up to date legal information covering:

  • Influencer agreements—key issues
  • What benefits a brand might get from using an influencer
  • How it usually works in practice
  • Who might be the parties to the agreement?
  • How a brand should guard its reputation in contracting with influencers
  • How such arrangements are regulated
  • What is on the horizon
  • What sort of contract best fits these arrangements
  • Key clauses

This Practice Note is aimed primarily at brands wanting to use influencers for particular social marketing campaigns and advertising promotions. It is intended to give an overview of the key terms usually found in an agreement with an influencer and highlights key issues to be considered when reviewing an influencer agreement. For an influencer agreement, see Precedent: Influencer agreement.

The world of influencers is rapidly evolving and, while most influencers have not yet joined the ranks of traditional celebrities (be they sports stars, screen actors, musicians or royals), there are now service and support teams specifically acting for influencers helping with branding and commercial relationships. Some influencers will have public relations (PR) teams, legal advisors and financial investors, while others will never have received or reviewed a commercial contract for services. Due diligence and a degree of common sense will help the relevant parties ascertain what is an appropriate negotiating position when it comes to the influencer in question.

What benefits a brand might get from using an influencer

Influencers are so named because of their extensive social media following. They have a self-selecting, trusting audience that can typically be categorised by age, sex, location and/or interest.

By using influencers effectively, brands are able to deliver targeted messages to large, interested groups and crucially, those messages are being delivered by a trusted