The Ultimate Checklist for Defining an Influencer Agreement Scope of Work

In influencer marketing, ensuring clarity and mutual understanding is crucial to the success of any collaboration. Influencer marketing is a rapidly growing industry, and with it comes the need for legally sound and mutually beneficial influencer contracts. A well-written influencer agreement can help to ensure that both the influencer and the brand are on the same page and that their expectations are clearly outlined.

This guide provides a comprehensive checklist for creating an influencer agreement scope of work. By incorporating these essential components in your influencer marketing plan, both brands and influencers can establish a clearly defined partnership where the needs of both parties are met while minimizing the risk of misunderstandings or disputes.

Influencer Agreement: How to Define the Contract Scope of Work

When you create an influencer agreement, one of the key steps is defining the scope of work. This section of your influencer agreement clearly outlines what the influencer is expected to do, the deliverables they need to provide, and the overall expectations for the collaboration. By laying out these details upfront, you help avoid confusion and ensure both parties are on the same page from the start. A well-defined scope of work will guide the entire project, keeping everyone focused and aligned on the campaign’s goals.

In the following sections, we’ll walk through the 14 key elements to include in your influencer agreement scope of work, including content requirements, deadlines, approval processes, and more.

1. Introduction

The first section of your influencer agreement should serve as an introduction to the collaboration between your company and the influencer you have chosen to hire for your influencer marketing collaboration. 

Specifically, the introduction section of your influencer agreement should include the following information:

• The legal names and addresses of both parties (the influencer and the brand)
• The purpose of the contract
• The effective date of the contract
• The duration of the contract (term), including the start and end dates of the partnership.
• Any provisions for contract renewal.

Additionally, if the influencer is represented by a talent agency, include the agency’s contact details. This can prevent confusion about who manages negotiations or legal matters.

2. Scope of Work

The scope of work section of your influencer agreement should clearly define the influencer's responsibilities and deliverables under the contract. 

This usually includes the following:

• The type of content that the influencer will create (e.g., blog posts, social media posts, videos, etc.)
• The number of posts that the influencer will create
• The social media channels on which the influencer will post
• The specific hashtags and mentions that the influencer will use
• The deadlines for creating and posting content

You may also want to specify if the influencer is required to engage with their followers by responding to comments or questions related to the post. This can increase engagement and improve campaign success. 

For example, you could include:

"The influencer agrees to respond to at least 10 relevant comments per post to boost engagement and build brand interaction."

3. Compensation and Payment Terms

The compensation section of your influencer agreement should clearly outline your compensation strategy, including the payment amount, frequency, and method of payment. Compensation might be in the form of a flat fee, a commission on sales, or a combination of both. 

This section of your influencer agreement should also specify any additional expenses that will be reimbursed, such as travel or production costs.

If your campaign involves performance-based payments (e.g., bonuses for reaching certain metrics), be clear about how and when those payments will be calculated and disbursed. Include details about how performance will be tracked, especially if using third-party analytics tools.

For example, you could offer bonuses if the influencer exceeds certain engagement or conversion metrics:

"A bonus of $500 will be awarded if the post reaches 10,000 likes and 200 comments within the first 48 hours."

4. Content Guidelines

The next section of your influencer agreement should provide detailed instructions on the style of content that the influencer is expected to create, including brand guidelines, tone, messaging, and any specific requirements related to the promotion of products or services. This includes whether the influencer should incorporate certain calls-to-action, and any limitations on the use of competitor brands in their content. This section serves as a crucial roadmap for the influencer, helping you create a cohesive and effective brand image across various platforms.

For example, if you have hired a local Instagram influencer, provide detailed instructions that ensure their content resonates with your targeted regional audience. This might include incorporating local trends, events, or cultural nuances that align with your brand's image. 

Finally, clarify whether content needs to be pre-approved by the brand before posting. This prevents miscommunication and ensures alignment with the brand’s vision.

5. Exclusivity and Conflicts of Interest

Make sure your influencer agreement addresses any exclusivity clauses that prevent the influencer from promoting competing brands or products during the contract period. Include guidelines on how to handle conflicts of interest that may arise during the partnership.

It’s also wise to specify a time frame (e.g., three to six months) following the campaign in which the influencer cannot promote competing products. This protects your brand’s association with the influencer for a reasonable period after the campaign ends.

For example:

"The influencer agrees not to collaborate with direct competitors of the brand for 3 months following the completion of this contract."

6. Intellectual Property Rights

The intellectual property section of your influencer agreement should define who owns the rights to the content that the influencer creates under the influencer contract (the brand or the influencer). This is important to protect both the influencer and the brand.

If you want the option to reuse the content in future campaigns or for other marketing purposes (e.g., in ads or email newsletters), specify this in the contract and include the duration of content usage rights. Be clear if the influencer retains any rights to use the content on their own platforms beyond the campaign.

For example:

"The brand may use the influencer’s content for promotional purposes for a period of 12 months after the contract ends."

Or:

"The brand reserves the right to repurpose the influencer’s content for use in paid ads, website banners, and email marketing."

7. Disclosure and Compliance

Include a clause in your influencer agreement that ensures the influencer will comply with all relevant laws, regulations, and industry guidelines, including disclosure requirements for sponsored content and endorsements.

In particular, influencers should follow the Federal Trade Commission (FTC) guidelines (or local regulations, if applicable) on clear and conspicuous disclosure of sponsored content. Be sure to specify exactly how the influencer should disclose partnerships, such as using hashtags like #ad or #sponsored.

For example: 

"The influencer must include #ad or #sponsored in the first three lines of each post to comply with FTC regulations."

8. Indemnification

Outline the responsibilities of each party in the event of any legal claims, disputes, or liabilities arising from the content or actions of the influencer. Clarify how any damages or legal fees will be handled.

For example:

"The influencer agrees to indemnify the brand for any third-party claims resulting from the influencer’s unauthorized use of intellectual property."

In addition, make sure the influencer is responsible for complying with third-party platform rules (e.g., Instagram or YouTube policies) to prevent the brand from being liable if content is removed or penalized by the platform.