"We had a deal. They just... didn't post."
We hear this story constantly. Brand pays influencer. Influencer disappears, posts late, posts wrong, or posts something completely off-brand.
And the brand has no recourse because the "contract" was a DM that said "sounds good!"
Stop handshaking your way into marketing disasters.
Here's what every influencer contract needs.
Section 1: Deliverables
The most common disaster: unclear expectations about what you're actually getting.
What to Specify:
Content quantity
- Exact number of posts, Stories, Reels, TikToks, etc.
- Which platforms each piece is for
- Whether content lives permanently or can be deleted after X time
Content format
- Video length requirements (min/max)
- Aspect ratios if it matters
- Static image specifications
- Carousel slide counts
Content style
- Brand mentions (how and when)
- Product visibility requirements
- Any required talking points (but keep it minimal)
- What NOT to do (competitors, certain topics, etc.)
Example language:
"Creator will deliver: 2 Instagram Reels (60-90 seconds each), 3 Instagram Stories with link sticker, and 1 TikTok (30-60 seconds). All video content must clearly feature [Product] within the first 10 seconds."
Section 2: Timeline & Deadlines
"They posted 3 weeks after our launch."
What to Specify:
Draft deadline
- When you need to see content for approval
- Build in buffer time for revisions
Revision rounds
- How many rounds of edits are included
- What happens if they reject reasonable feedback
Posting dates
- Specific dates OR
- Windows ("within 7 days of product launch")
- Time of day if it matters
Approval timeline
- How long you have to approve drafts
- What happens if you don't respond
Example language:
"Creator will submit draft content by [date] for Brand review. Brand will provide feedback within 48 hours. Creator will post final approved content on [date] between 11am-1pm EST."
Section 3: Compensation & Payment Terms
Money disputes kill relationships fast.
What to Specify:
Total compensation
- Flat fee
- Performance bonuses (if applicable)
- Product value (if relevant)
Payment schedule
- % upfront vs. % on completion
- Payment method
- Net terms (Net 15, Net 30, etc.)
What triggers payment
- Upon posting?
- Upon approval of draft?
- Upon hitting certain metrics?
Kill fee
- What happens if you cancel
- What happens if they cancel
- Partial payment for partial work
Example language:
"Brand will pay Creator $X total: 50% ($X) upon contract signing, 50% ($X) within 15 days of final content posting. If Brand cancels after draft approval, Creator retains full payment. If Creator fails to deliver, Creator refunds advance payment in full."
Section 4: Usage Rights
This is where brands get burned most often.
What to Specify:
Usage scope
- Where you can use their content (your social, website, email, ads, etc.)
- Whether you can edit/modify the content
- Whether you can use their likeness beyond the original content
Duration
- Time-limited (6 months, 1 year) vs. perpetual
- Longer usage = higher cost
Paid amplification
- Can you run their content as paid ads?
- This should cost extra if yes
- Which platforms can you run ads on?
Exclusivity
- Can they work with competitors? During what period?
- Define "competitors" clearly
Example language:
"Brand receives perpetual, royalty-free rights to use Creator content on Brand's owned channels (social media, website, email). Paid advertising rights are granted for 6 months from posting date on Instagram and TikTok only. Creator agrees not to promote [Competitor Category] brands for 30 days before and 60 days after posting."
Section 5: FTC & Disclosure Requirements
Not negotiable. Protects both parties.
What to Specify:
Disclosure requirement
- #ad, #sponsored, "Paid partnership" tool — specify which
- Placement of disclosure (must be clear, not buried)
Platform partnership tools
- Require use of Instagram's "Paid Partnership" tag
- Require TikTok's branded content toggle
Compliance responsibility
- Who's liable if disclosure is missing?
- (Both parties can be, but clarify expectations)
Example language:
"Creator must clearly disclose the sponsored nature of all content using '#ad' prominently in caption AND platform-native branded content tools where available. Creator is responsible for FTC compliance on all deliverables."
Section 6: Content Approval Process
Avoid "this isn't what we agreed on."
What to Specify:
What requires approval
- Just drafts? Or also captions?
- Must they share before posting or just before producing?
Approval method
- Email? Platform DM? Project management tool?
- Who specifically approves (name/role)?
Revision limits
- Number of revision rounds included
- What happens beyond that (extra fee? creator can decline?)
Auto-approval clause
- If brand doesn't respond in X days, content is auto-approved
- Protects creators from endless waiting
Example language:
"Creator will submit draft content via email to [email] for approval. Brand will respond within 48 hours. Silence after 72 hours constitutes approval. Contract includes 2 rounds of revisions; additional revisions are $X each."
Section 7: Termination & Disputes
Hope for the best, plan for the worst.
What to Specify:
Termination clauses
- What allows either party to terminate
- Notice period required
- What happens to payment and content
Non-performance
- What if creator doesn't deliver on time
- What if content quality is unacceptable
Dispute resolution
- Mediation before legal action
- Which jurisdiction applies
- Liability caps
Example language:
"Either party may terminate with 7 days written notice. If Creator fails to deliver content by final deadline, Brand may terminate and receive full refund of any payments made. Disputes will be resolved through mediation before any legal action, under the laws of [State]."
The Quick Contract Checklist
Before signing anything, confirm you have:
- Exact deliverables (type, quantity, format)
- Draft and posting deadlines
- Payment amount, schedule, and method
- Usage rights (scope, duration, paid ads)
- Exclusivity terms (if any)
- FTC disclosure requirements
- Approval process and revision limits
- Termination and non-performance clauses
The Bottom Line
A good contract protects everyone. It's not about distrust — it's about clarity.
When expectations are written down, relationships stay healthy. When they're not, feelings get hurt and money gets lost.
Never DM your way into a five-figure deal.
Get it in writing.