You just got the email every content creator dreams about: a brand wants to work with you. The contract arrives as a PDF, full of legal language, and the brand needs it signed by Friday. The temptation is to sign it and celebrate. But that contract — the one you're about to sign without reading — could cost you far more than the deal is worth.
As an entertainment attorney who works with influencers, musicians, and creators in New York City, I've reviewed hundreds of brand deal contracts. Most of them are written by the brand's legal team to protect the brand, not the creator. The clauses that seem routine can restrict your ability to work with other companies, give away your content rights indefinitely, or leave you personally liable if something goes wrong. For a deeper dive into protecting your creative work, see our guide on protecting your music rights in NYC and our Creator Economy 101 legal guide.
This guide breaks down the 10 contract clauses every influencer needs to understand — and negotiate — before signing.
1. Scope of Work and Deliverables
The scope of work defines exactly what you're being hired to create. This should be the most specific section of the entire contract. Vague language here is a red flag.
A well-drafted scope of work specifies the exact number of posts, stories, reels, or videos required, the platforms where content will be published, content format requirements (length, orientation, resolution), whether the brand has approval rights over the content before it goes live, the timeline for content creation, review, revision, and posting, and whether you're required to attend events, provide voiceovers, or participate in additional activations.
2. Compensation and Payment Terms
Money matters — but so does timing. A $10,000 deal that pays "net 90" (90 days after completion) is very different from one that pays 50% upfront. Key points to negotiate include total compensation amount, payment schedule (upfront deposit, milestone payments, or payment upon completion), late payment penalties or interest, whether compensation is a flat fee, per-post rate, or performance-based, bonus structures tied to engagement metrics, and who pays for production costs (photography, props, locations, editing).
Performance-based compensation — where your pay depends on clicks, conversions, or sales — shifts the brand's marketing risk onto you. If a brand insists on performance-based pay, negotiate a guaranteed minimum with performance bonuses on top.
3. Content Ownership and Usage Rights
This is where creators lose the most value. Many brand contracts include language that transfers full ownership of your content to the brand — meaning they can use your face, voice, and content however they want, forever, without paying you another dollar.
You should understand the difference between a license (you retain ownership and grant the brand limited rights to use the content) and an assignment (you transfer ownership entirely to the brand). In almost every case, you should grant a license, not an assignment.
Key terms to negotiate include the duration of usage rights (6 months and 12 months are reasonable — "perpetual" is not), the platforms where the brand can use your content, whether the brand can use your content in paid advertising (this should cost extra), whether the brand can modify, edit, or alter your content, and whether the brand can sublicense your content to third parties.
4. Exclusivity Clauses
Exclusivity clauses prevent you from working with competing brands for a specific period. They directly affect your income, so they need to be tightly defined. Review and negotiate the definition of "competing brands" (is it just direct competitors, or the entire industry?), the exclusivity period (during the campaign only, or extending months after?), geographic scope, and additional compensation for the exclusivity period.
A broad exclusivity clause in a beauty brand deal, for example, could prevent you from working with any skincare, makeup, haircare, or wellness brand for six months. At the rates influencers command today, that restriction could cost tens of thousands of dollars in lost opportunities. If a brand wants exclusivity, it should pay for it — separately from the content creation fee.
5. FTC Disclosure Requirements
Federal Trade Commission guidelines require influencers to clearly disclose material connections with brands. This is not optional — it's the law. Both you and the brand can face FTC enforcement actions for inadequate disclosure.
Your contract should specify how disclosures will be made (hashtags like #ad or #sponsored, verbal disclosures in video content), that the brand will not ask you to hide or obscure the sponsored nature of the content, and that both parties share responsibility for FTC compliance. If a contract asks you to make content that doesn't "look like an ad," this is a red flag that could expose you to FTC liability.
6. Approval and Revision Process
Most brand deals include a content approval process where the brand reviews your content before it goes live. This is normal and reasonable. However, the process needs boundaries. Negotiate a specific number of revision rounds (one to two is standard), a defined review timeline (the brand should respond within 48 to 72 hours), what happens if the brand doesn't respond within the timeline (deemed approved), and that revisions must be consistent with the original creative brief.
Without these limits, a brand can request unlimited revisions, effectively getting hours of additional work for free while delaying your payment.
7. Morality and Cancellation Clauses
Morality clauses allow the brand to terminate the agreement if the creator engages in behavior that the brand considers damaging to its reputation. While these clauses are standard, they vary dramatically in scope. A reasonable morality clause is limited to criminal conduct or objectively egregious behavior. An unreasonable one gives the brand the right to terminate based on "any conduct that, in the brand's sole discretion, brings the brand into disrepute."
Also review the financial consequences of termination: do you keep the money already paid? Are you required to take down content? Do you lose the rights to content you've already created?
8. Indemnification
Indemnification clauses determine who is responsible — and who pays — if something goes wrong. Many brand contracts include one-sided indemnification that requires the creator to cover all legal costs and damages arising from the content, even if the brand approved the content or provided inaccurate product claims.
A fair indemnification clause should be mutual — both parties indemnify each other for their own actions. You should not be responsible for claims arising from the brand's products, the brand's provided scripts or claims, or content that the brand approved before publication.
9. Termination Rights
What happens if the relationship isn't working? Both sides should have the right to terminate with reasonable notice. Review whether termination is "for cause" only or "for convenience" (either party can exit), the notice period required, what happens to content already created but not yet posted, payment obligations upon termination, and whether the brand retains usage rights to content created before termination.
10. Non-Disparagement and Confidentiality
Non-disparagement clauses prevent you from speaking negatively about the brand after the deal ends. Confidentiality clauses prevent you from disclosing the deal terms. Both are common, but review them carefully. A non-disparagement clause should be mutual. And confidentiality clauses should not prevent you from disclosing the deal to your attorney, accountant, or manager.
When to Hire an Entertainment Lawyer
You should have a lawyer review any contract where the compensation exceeds $1,000, the brand requires exclusivity, the contract includes perpetual or worldwide usage rights, you're asked to sign an intellectual property assignment, the contract includes indemnification obligations, or the brand is a major company with a large legal team.
The cost of a contract review — as of early 2026, typically $500 to $2,000 — is a fraction of the value that proper negotiation protects. A single clause change can be worth tens of thousands of dollars over the life of the deal.
Frequently Asked Questions
Do influencers need a lawyer for brand deals?
Yes. Brand deal contracts contain complex provisions around IP rights, exclusivity, usage rights, liability, and payment that can affect your income and career for years. An entertainment attorney ensures you understand every clause and negotiates better terms on your behalf.
How much does an influencer contract lawyer cost in NYC?
As of early 2026, contract review fees typically range from $500 to $2,000 per contract, depending on complexity. Some attorneys offer flat-fee packages for creators who need multiple contracts reviewed. Monthly retainer arrangements are also available for ongoing representation. Fees are subject to change.
What should influencers look for in a brand deal contract?
Key clauses include scope of work, compensation and payment timing, content ownership and usage rights, exclusivity restrictions, FTC disclosure requirements, termination provisions, morality clauses, and indemnification terms.
Can a brand use my content forever after I post it?
Only if the contract grants perpetual usage rights, which many standard brand contracts attempt to include. An entertainment attorney will negotiate time-limited usage rights and ensure you retain ownership of your original content.
What is an exclusivity clause in an influencer contract?
An exclusivity clause prevents you from working with competing brands for a specified period. Broad exclusivity can block significant income. An attorney can negotiate narrower terms, shorter durations, or additional compensation for the exclusivity period.
Got a Brand Deal Contract to Review?
Don't sign away your rights. Agarunov Law Firm reviews and negotiates influencer contracts, brand deals, and talent agreements for creators across NYC.
Schedule a Free Consultation: (212) 920-5989Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult with a qualified entertainment attorney for guidance specific to your situation.