12 Clauses to Add to Your Brand Partnership Contract as a Content Creator
From adding better language to clarify the rights to termination specifics, here are 12 answers to the question, "What are some important clauses to add to a contract for content creators when working with brand partnerships?"
Work-for-Hire Language
Ownership Clause
Exclusivity Clause
Payment Term Clause
Changes and Revisions Clause
Scope of Work
Define Specific Responsibilities
Brand Alignment
Usage Rights
Non-Disclosure Agreement (NDA)
Deliverables Specifics
Termination Conditions
Work-for-Hire Language
Pay attention to work-for-hire language, which is the key language in any creator contract for both the creator and the brand. Work-for-hire language typically assigns ownership rights of the work product produced under the contract to one party or the other.
From the brand's perspective, it is paying for the creator's time and deliverables, so the company wants ownership of what it paid for. From the creator's perspective, they may use proprietary methods, concepts, or deliverables, at least some of which they want to continue to own and use with other clients and partners.
Robert Reder, Attorney, Blythe Grace PLLC
Ownership Clause
When creating content for brand partnerships, one very important clause to add to a contract is an ownership clause. This clause should state that any content created for the brand partnership remains the sole property and intellectual property of the content creator, and the creator grants only an exclusive license for those rights to the partner.
This ensures that if either party ever needs to make use of the content in the future, they will need to go through proper channels, ensuring everyone gets their due compensation. Including this clause can help protect everyone in such arrangements.
Natalia Brzezinska, Marketing and Outreach Manager, ePassportPhoto
Exclusivity Clause
One vital clause to add to a contract for content creators when working with brand partnerships is an exclusivity clause. This clause ensures that the content creator is not working with any competitors during the term of the collaboration. It's important to set a time period for the exclusivity clause and ensure that it is reasonable and fair for both parties.
The exclusivity clause helps protect the brand's investment in the content creator and ensures that the content creator is not diluting the brand's message or working with competing brands simultaneously.
Brenton Thomas, CEO, Twibi
Payment Term Clause
A crucial clause to add to a contract for content creators when working with a brand is payment terms. The payment amount is typically agreed upon before work begins and is based on the complexity and scope of the project. This amount may be a flat fee or an hourly rate, depending on the type of content being created. The payment schedule outlines when payments are due and how they will be made.
For example, a payment schedule might require an initial deposit or payment upfront, with additional payments made at specific milestones or upon completion of the project. Other financial details may also be included in payment terms, such as late payment fees or cancellation fees.
It's important for both the content creator and the client to review and agree upon these terms before work avoids any misunderstandings or conflicts down the line.
Georgi Todorov, Founder, ThriveMyWay
Changes and Revisions Clause
When creating content for a brand partnership, several rounds of revisions and changes are expected before the final product is approved. This will specify how many rounds of revisions are permitted and how long revisions can be made. This will help avoid misunderstandings between the parties involved.
Here's an example template:
XBrand has the right to request reasonable changes to the Content, as long as such changes are within the scope of the original project and do not materially alter the content or message. Prior to delivery, the Content Creator shall give XBrand the opportunity to review and request changes to the Content.
If XBrand requests changes, the Content Creator must make them within a reasonable time frame and may not charge any additional fees for the first three rounds of revisions. Any additional rounds of revisions or significant changes requested by XBrand will incur additional fees, as detailed in the payment section of this Agreement.
Johannes Larsson, Founder and CEO, JohannesLarsson.com
Scope of Work
It is important for content creators to be aligned with their brand partnerships for the scope of work. Doing so prevents misunderstandings and disagreements from occurring. It is also easier to go back to the scope of work listed when content creators have any questions about the tasks the brands are asking them to accomplish.
Michelle Siy, Content Writer, Oliver Wicks
Define Specific Responsibilities
When you are working with a brand partnership, it is very important to clearly understand what each party handles. You need to make sure that there is no confusion about who is responsible for what. This can be done by adding an important clause to the contract.
The clause should state that the brand provides the content creator with the materials, and the creator creates the content. This way, both parties know what is expected of them.
Luciano Colos, Founder and CEO, PitchGrade
Brand Alignment
Including their personal life in content gives content creators a unique brand partnership opportunity. Unfortunately, this can harm the brand if the content creator spreads a message that no longer aligns with the brand. Create a clause in your contract that permits a "shake hands and go our separate ways" decision if brand alignment is no longer possible.
Jason Vaught, Director of Content, SmashBrand
Usage Rights
Brand partnerships are a great way for content creators to monetize their work and reach new audiences. However, it's important to protect your intellectual property when entering into these agreements. One important clause to include in your contract is a statement on usage rights.
This clause should specify how the brand can use your content, such as on their website or social media channels, and for how long. Additionally, it should address compensation if the brand wants to use your content beyond the original agreement. By including this clause, you can ensure that your work is being used appropriately and that you are fairly compensated for its use.
Jefferson McCall, Co-founder and HR Head, TechBullish
Non-Disclosure Agreement (NDA)
When working with brand partnerships, it is crucial to include a Non-Disclosure Agreement (NDA) clause in the contract for content creators. An NDA ensures that the content creator will not disclose any confidential information about the brand or its products to anyone outside of the partnership.
This includes not only trade secrets but also any sensitive information about the brand's marketing strategies, financials, or future plans. By including an NDA, both parties can have peace of mind knowing that their confidential information is protected and that the partnership can proceed smoothly with no fear of leaks or breaches of trust.
Basana Saha, Founder, KidsCareIdeas
Deliverable Specifics
One clause that is essential to ensure the contractual relationship is clear and mutually beneficial is a clause that states the specific deliverables. This should include an itemized list of content deliverables.
As a partner at a podcast and radio advertising agency, my experience with these deliverables includes an estimated number of impressions, airtime purchased, dialogue specifics on how the content creator will promote the brand, and any restrictions on how the content creator can use the brand's content or products. This clause sets clear expectations for both parties and is critical to a successful partnership.
Jeff Pollak, Partner, RadioActive Media Inc.
Termination Conditions
This clause outlines the conditions under which the partnership can be terminated by either party. It should include information on the notice period required, such as 30 days or 60 days, and any penalties or consequences for early termination, such as payment for work completed up until termination.
The clause may also specify the reasons for which either party may terminate the agreement, such as breach of contract or failure to perform duties.
Tiffany Payne, Head of Content, Pharmacy Online