Disclaimer: This information is made available for educational purposes.  It provides general information and is not intended to provide specific legal advice. This information should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.

Look, I get it. Contracts are super boring. Most of them are far too long, and sometimes even as a lawyer I find myself rereading a sentence over and over again trying to figure out what the heck it means. 

However, I have to strongly urge you to make sure you have a solid written contract for each brand deal. Trust me, I’m only trying to protect you. 

Contracts are more than just pieces of paper or digital documents. They serve as vital safeguards for content creators like you.

Here’s why having a written contract is essential . . .

Understand Expectations

A written contract provides clarity by clearly outlining the terms, conditions, and expectations of your collaboration with a brand. It helps both parties understand their roles, responsibilities, and obligations. By having everything in writing, you reduce the chances of misunderstandings and disputes arising later on.

Preserve Your Ownership Rights

A contract specifies the ownership and usage rights of your content. It ensures that you retain the appropriate control over your creative work and determines how it can be used by the brand. Clear usage rights protect you from unauthorized use or exploitation of your content, allowing you to maintain your artistic integrity.

One of the red flags we see often in brand contracts is reserving the right to use the creator’s content in future social media and marketing materials without additional compensation. Imagine you’re only getting paid for one Instagram post, and then next thing you know they’re using that photo on a billboard in Times Square without paying you anything extra. Well, if you don’t have a written contract that clearly outlines the usage rights, you may be left with no recourse.

Get Paid—And On Time

A written contract clearly defines the compensation terms, including payment rates, methods, and schedules. It ensures that you are fairly compensated for your time, effort, and talent. With a contract in place, you have a solid foundation to hold brands accountable for timely and adequate payment.

We’ve heard from many creators that they’ve submitted their invoice after creating the content only to spend months chasing payment that never comes. A written contract allows you to pursue avenues for collection much more easily than without one.

Avoid Conflict

A well-drafted contract can provide legal protection for both parties. It outlines the consequences of breaches and sets forth mechanisms for dispute resolution. Should any conflicts arise during the collaboration, having a contract can help you navigate the situation with clarity and enforceability.

Act Like a Professional

Entering into a written contract demonstrates professionalism and establishes trust between you and the brand. It shows that you take your work seriously and expect fair treatment. Brands that respect your expertise and value your contributions will readily agree to a written contract, fostering a healthier and more equitable working relationship.

Remember, a handshake or verbal agreement may seem sufficient at first, but they can leave room for misunderstandings and potential exploitation. A written contract ensures that all parties are on the same page and protects your rights as a content creator.

Check out our post on red flags in NIL contracts too!