Mistake
No FTC disclosure requirement
The FTC requires clear and conspicuous disclosure of paid partnerships. Failure to disclose can result in FTC enforcement against both the brand and the influencer. The contract must require proper disclosure.
Free. No signup. Deliverables, FTC disclosure requirements, usage rights, exclusivity windows, and payment milestones — all in one contract.
Free. No registration. No card. No catch.
What an influencer agreement is for
An influencer agreement governs the commercial relationship between a brand and a content creator. It defines exactly what content will be produced, when, the required FTC disclosure language, how long the brand can reuse the content, whether the influencer can work with competitors, and how payment is structured.
Brands and agencies commissioning influencer content. Influencers, content creators, and YouTubers signing brand deals. Both sides benefit from a signed agreement before content creation begins.
Before any brief is sent. Before product is shipped. A signed agreement protects the influencer from brands who change direction mid-campaign and protects brands from influencers who post non-compliant content.
Not appropriate for unpaid gifting without posting obligations — those require a gift agreement. This template is for paid content partnerships with defined deliverables.
What BizDraft asks you
Brand/agency and influencer names, entity types, states.
Number and type of posts, platforms, format (Reel, Story, YouTube video, etc.), due dates.
Required disclosure language, placement, and format per FTC guidelines.
Pre-posting approval process, review window, brand feedback rounds.
How long and where the brand can repurpose the influencer's content — paid ads, website, email, etc.
Category exclusivity period — influencer cannot work with direct competitors for defined window.
Flat fee, milestone payments, product value, and payment timeline.
Whether the brand can terminate for brand-damaging behavior by the influencer.
What the AI generates
Plain-English, FTC-aware, ready to send. The sections that protect both the brand's campaign and the influencer's creative control.
Named content deliverables with platform, format, due date, minimum duration, and any required brand mentions or links.
Required disclosure language per FTC guidelines, placement requirements (prominent and near beginning), and influencer's responsibility for compliant posting.
License from influencer to brand for defined uses (paid ads, website, email), platforms, geographic territory, and duration. Rights expire after the license term.
Category exclusivity period tied to the campaign — influencer cannot post competing brands for the defined window. Compensation for exclusivity is specified.
Brand's creative brief is attached. Influencer maintains creative control within brief parameters. Pre-posting approval workflow with defined turnaround times.
Brand's right to terminate for brand-damaging conduct. Influencer's right to terminate for non-payment. Kill-fee if brand cancels after production begins.
Common mistakes
The most common disputes in influencer partnerships — from the brand's side and the creator's side.
Mistake
The FTC requires clear and conspicuous disclosure of paid partnerships. Failure to disclose can result in FTC enforcement against both the brand and the influencer. The contract must require proper disclosure.
Mistake
An influencer agreeing to "unlimited" usage has given away the right to ever license that content again. Limit usage rights to specific platforms, uses, and durations.
Mistake
Brands sometimes cancel campaigns after the influencer has blocked their calendar, turned down other deals, and started production. A kill-fee compensates for this.
Mistake
"Cannot work with competitors" means nothing without naming the category. Is it the entire wellness industry or just protein powder brands? Be specific or exclusivity is unenforceable.
Example
"Fitness brand partnering with a 200k-follower Instagram influencer. 2 feed posts and 4 Stories within 30 days. $3,500 flat fee, 50% upfront. 90-day category exclusivity (fitness supplements). Brand can use content for 6 months in paid ads. Morality clause included. California law."
A 12-section influencer agreement, California-governed. 2 feed posts and 4 Stories with due dates. FTC #ad disclosure required, must appear within first 3 lines. $3,500 — 50% on signing, 50% on final post. 6-month paid ads license. 90-day fitness supplement exclusivity. 25% kill-fee if brand cancels after production begins. Morality clause with 5-day cure period.
Word (.docx) for editing in any tool. PDF for sending out as-is. Both formats, no watermark, no account needed.
When to ask a lawyer
BizDraft is a drafting tool. It is not a substitute for a lawyer who knows your specific situation. Reach for one when:
Deals over $50,000 or involving celebrities and macro-influencers with management teams typically require attorney involvement on both sides.
Multi-year brand ambassador agreements with ongoing exclusivity, equity, or revenue-share components are complex enough to warrant attorney drafting.
Alcohol, tobacco, gambling, pharmaceuticals, and financial products have specific FTC and FDA advertising rules that affect what influencers can and cannot say. Legal review before the campaign is essential.
FAQ
Yes. The FTC requires clear and conspicuous disclosure of any material connection — including payment, free product, or equity — between a brand and a content creator. "Clear and conspicuous" means prominent placement, not buried in hashtags. The agreement must require compliant disclosure.
The influencer retains copyright ownership of the content. The brand gets a license to use it for specified purposes and duration. The agreement defines the scope of that license — if usage rights are not explicitly granted, the brand cannot repurpose the content for paid ads or other channels.
A morality clause allows the brand to terminate the agreement if the influencer engages in conduct that could harm the brand's reputation. Influencers should negotiate a cure period (an opportunity to address the situation) before termination is effective. Both sides have legitimate interests here.
Only if the agreement says so. If the brand ships product before content is created and then the deal falls through, the agreement should address whether the product is returned or deducted from any kill-fee owed.
Yes. No paywall, no trial, no credit card. Read about the business model →
Free. Tailored. FTC-aware. Yours to keep.
Start your influencer agreement