This Influencer Contract (hereinafter referred to as the "Contract") is entered into and shall be effective as of [Contract Effective Date],
By and Between
[Client Name] (hereinafter referred to as the "Client"), having its principal place of business at [Client Address], and;
[Influencer Name] (hereinafter referred to as the "Influencer"), residing at [Influencer Address].
The Client and the Influencer are collectively referred to as the "Parties" and individually as the "Party."
WHEREAS the Client desires to amplify the reach of its brand, [Client Brand Name], and drive sales through various social media platforms, requiring a collaboration with an influencer for the aforesaid services;
AND WHEREAS, the well-known [Type of Influencer] influencer, who has [Number of Followers] followers on Instagram, agrees to provide the services to the Client.
NOW, THEREFORE, considering the mutual covenants and commitments contained herein, the Parties do hereby agree as follows:
TERMS AND CONDITIONS.
1. PROJECT DESCRIPTION.
The Client, operating a business in [Business Type],hereby agrees to hire the Influencer herein in the contract to endorse its brand. The Influencer shall provide all necessary services to the Client in accordance with the terms and conditions outlined herein.
2. INFLUENCER'S OBLIGATIONS.
The Influencer’s role entails performing the following duties as mutually agreed by both Parties:
(a) Promote brand content
(b) Engage the audience on social media
(c) Generate content for the brand
(d) [Add More Influencer Obligations]
3. CLIENT'S OBLIGATIONS.
Throughout the duration of this Contract, the Client hereby agrees to furnish all the necessary details to the Influencer in order to perform the Services.
4. SCOPE OF WORK AND PRICING.
The Influencer hereby agrees to deliver the following Services across social media platforms:
Content-Type
Number of Posts and Frequency
Social Media Platforms
Price
[Brand Storytelling & Identity Content]
[Number of Posts] Posts Per [Frequency]
[Social Media Platforms]
[Amount]
[Product Promotion & Campaign Content]
[Number of Posts] Posts Per [Frequency]
[Social Media Platforms]
[Amount]
[Special Offer & Discount Announcements]
[Number of Posts] Posts Per [Frequency]
[Social Media Platforms]
[Amount]
[Additional Brand Deliverables]
[Number of Posts] Posts Per [Frequency]
[Social Media Platforms]
[Amount]
Total: [Total Amount]
During the term of this Contract, the Influencer shall require [Influencer Service Requirements] to provide the agreed-upon services to the Client.
5. PAYMENT.
The Influencer shall invoice the Client a total amount of [Total Amount in USD] for rendering the Services. If payments are not made within [Payment Due in Days] day(s) of service completion, the Influencer reserves the right to deem the Client in breach of this Contract and claim a late penalty of [Late Payment Penalty]. The mode of payment shall be [Mode of Payment] or any other agreed-upon method between the Parties.
6. TERM.
This Contract shall commence on [Contract Commencement Date] and remain in effect until either termination or completion of the services, which is expected to be on [Contract Expiry Date].
7. TERMINATION.
This Contract may be terminated by either Party under the following circumstances:
(a) Upon [Termination Notice Period] day(s) prior written notice to the other Party, from the event completion date, with or without cause.
(b) Upon the breach of any terms and conditions mentioned herein, the Contract.
(c) Upon completion of the services by the Influencer and full payment by the Client.
8. CONFIDENTIALITY.
The Parties to this Contract mutually agree to treat Confidential Information, such as strategies, PR campaigns, and content plans, provided by either Party during the term of this Contract, with utmost confidentiality. Any such Confidential Information exchanged between the Parties shall be used solely for the purposes of rendering Services pursuant to this Contract and shall not be disclosed to any third party without the prior written consent of either party.
9. LIMITATION OF LIABILITY.
Neither Party shall be liable to the other for any indirect, special, or consequential damages arising from this Contract.
10. EXCLUSIVITY.
The Influencer shall provide the Services exclusively for the Client and will not take up any other projects throughout the term of this Contract.
11. GRANT OF RIGHTS.
The Client hereby grants the following rights to the Influencer:
(a) The right to use and publish the Client's [Client Marketing Materials] for marketing purposes;
(b) The right to perform the Services publicly as outlined in this contract;
(c) [Additional Influencer Rights, if Applicable].
12. RELATIONSHIP OF PARTIES.
Nothing contained in this Contract shall be taken to establish any partnership, joint venture, or employment relationship. It is hereby understood and agreed that the Influencer is an independent contractor.
13. INDEMNIFICATION.
Each Party agrees to indemnify and hold the other harmless against any losses, claims, damages, penalties, liabilities, punitive damages, expenses, or reasonable legal fees arising from the indemnifying Party's negligence or breach of this Contract. This provision shall remain in full force and effect even after the termination of the Contract.
14. INTELLECTUAL PROPERTY RIGHTS.
Upon completion of payment to the Influencer, the Client will obtain full ownership of all copyrights to the Services provided by the influencer. The Influencer shall have limited rights to the content during the term of this Contract. However, after full and final payment is made, the Influencer may only use such content upon the express written consent of the Client or as specified herein in this Contract.
15. ARBITRATION.
In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by arbitration. There shall be [Number of Arbitrators] arbitrator(s), who shall be appointed by [Arbitration Appointing Party Name]. The place of arbitration shall be [Location of Arbitration], and the Seat shall be [State of Seat]. The arbitrator(s)’ decision shall be final and binding upon both Parties.
16. ASSIGNABILITY.
Neither Party may assign this Contract or the rights and obligations thereunder to any third party without the prior express written approval of the other Party, which shall not be unreasonably withheld.
17. NOTICES.
Any notices required to be given to the Influencer shall be delivered by certified mail or personal delivery and paid for by the Client.
18. FORCE MAJEURE.
Neither Party shall be liable for any failure in performance of the obligation under this Contract due to cause beyond that Party's reasonable control (including and not limited to any pandemic, fire, strike, act, or order of public authority, and other acts of God) during the pendency of such event.
19. MODIFICATION.
No modification of this Contract shall be made unless in writing and signed by both Parties.
20. SEVERABILITY.
If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, all other terms will remain in full force and effect until the contract termination.
21. GOVERNING LAW AND JURISDICTION.
This Contract shall be governed by the laws of the [Governing Law]. If the disputes are not resolved by arbitration, they shall be resolved by litigation in the courts of the [Jurisdiction], including the federal courts therein. The Parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them.
22. LEGAL AND BINDING CONTRACT.
This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and legally binding in the [Legal and Binding State]. Each of the Parties represents the authority to enter into this Contract.
23. ENTIRE CONTRACT.
This Contract constitutes the entire understanding of the Parties, revokes and supersedes all prior contracts between the Parties, and is intended as a final expression of their Contract. It shall not be modified or amended except in writing, signed by the Parties hereto, and specifically referring to this Contract. This Contract shall take precedence over any other documents that may conflict with it.
ACCEPTANCE AND SIGNATURE.
The Parties signing this Contract represent and warrant that they are duly authorized and have the legal capacity to execute and deliver this Contract.
[Influencer Name]
[Client Name]
Name:
Name:
Signature:
Signature:
Date:
Date:
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