For influencers
Contracts for influencers
A UK influencer or content creator needs a signed agreement before the first post: platforms, deliverables, usage windows, exclusivity, fees, disclosure, and who owns the photos and video. CDPA 1988 s.11 makes you first owner of freelance copyright; s.90 needs a written, signed assignmentAssignment is the transfer of rights under a contract to someone else, such as the right to be paid. In England and Wales a legal assignment of a debt must be in writing, absolute, and notified, under the Law of Property Act 1925 s.136. Duties do not pass by assignment; moving duties takes a novation.More in the glossary. Paid posts must be obviously identifiable as ads. Lex drafts that on one shared link.
Last updated 6 November 2026
Draft this with Lex
Free for the other sideLex drafts it in Plain English beside the legal wording. Share one link; both sides agree and sign.
Templates influencers use most
Which clauses decide an influencer contract?
Five lines decide most brand–creator deals: the platforms and deliverables, how long the brand can reuse the content, how ads are labelled, any category exclusivity, and the fee plus unused booked dates. Write them in an influencer agreement before the first post. Lex puts them on one paper the brand signs from a link.
| Clause | What it does | Typical creator line |
|---|---|---|
| Platforms and deliverables | What “done” looks like, on which channels. | Two Instagram Reels and four Stories; no TikTok, no live, by the named date. |
| Usage and whitelisting | Where the brand can reuse the content, and for how long. | Organic on named brand channels for six months; paid ads extra. |
| Advertising disclosure | How the post is labelled as an ad. | Upfront “Ad” or “#ad” on every paid or gifted item. |
| Exclusivity | Which category, which names, and for how long. | No paid posts for named skincare rivals during the campaign plus 14 days. |
| Fees and unused dates | When money is due, and what unused booked days cost. | Named fee; unused booked dates charged as the kill feeA kill fee is a payment due to a creator or supplier when a client cancels a project before it is finished.More in the glossary line. |
What contract does an influencer need?
Start from an influencer agreement. That paper already has usage, fee, exclusivity and disclosure slots. A wider freelance job can sit next to a freelancer agreement or a services agreement. Repeat campaigns can hang a statement of work under standing terms. Stills-only reuse can sit next to a photo licence. A filmed day can sit next to a videography contract. Company-to-company contractor work can start from an independent contractor agreement. If you are sharing an unreleased product before the deal is signed, a mutual NDA sits next to it. What should a UK influencer contract include? is the England and Wales deep-dive. Lex drafts from one sentence; the brand signs from one link.
How should platforms, deliverables and brand safety be written?
Name each platform, each format, the count, and the go-live window. “Social posts” is not a list. “Instagram: two Reels and four Stories; YouTube: one 60-second Short; no TikTok, no live, by Friday 17:00 UK” is a list. Extra platforms, a second SKU and a live are a change of scope, quoted first. Write brand-safety limits: what the creator will not post, and claims the brand warrants. See What should a UK influencer contract include?.
Who owns the content, and what is whitelisting?
You do, unless you assign it. CDPA 1988 s.11 makes the author the first owner of freelance copyright. Section 90 says an assignment is not effective unless it is in writing, signed. Paying the fee does not move ownership. licenceA licence is permission to use work in an agreed way, without taking ownership away from the person who made it.More in the glossary named organic uses on full payment; keep unused drafts as pre-existing materials. Whitelisting — the brand running paid ads with your content or handle — is a separate use. Price it. See usage rights and credit and intellectual property assignment.
How should advertising disclosure be written?
Paid, gifted or affiliate content must be obviously identifiable as an ad. CAP Code rule 2.1 says marketing communications must be obviously identifiable as such. The CMA tells creators to use a clear, upfront label such as “Ad”, “Advert” or “#ad”, and to avoid “gifted”, “spon” or “collab” as the only label. Write who supplies the wording — usually the brand for the claims, you for posting the agreed label. See the [ASA CAP Code on recognising ads](https://www.asa.org.uk/type/non_broadcast/code_section/02.html) and [CMA social media endorsements guidance](https://www.gov.uk/government/publications/social-media-endorsements-guidance-for-content-creators/social-media-endorsements-being-transparent-with-your-followers).
How should fees, unused booked dates and exclusivity work?
Write the fee, whether VAT is extra, when invoices go out, and what unused booked dates cost. There is no default UK right to keep a depositA deposit is money paid up front, before the main work or the final invoice.More in the glossary or charge a kill fee; both sides have to agree it. For a UK business brand, late commercial payment carries statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998. An exclusivity clause names a category, named rivals and a window — not “any brand, forever”. See payment terms and Client cancelled: can you keep the deposit?.
How should personal data, contractor status and liability work?
Your own invoices are typically data you control. UK GDPR Article 28 applies when a campaign collects audience data for the brand — giveaway entries, unique tracking links you operate, or a list you process on their instructions. Write that in data protection. Typical brand–creator deals are B2B; do not paste consumer cooling-off onto a company brief. Cap liability at the fees. You cannot exclude death or personal injury caused by negligence — Unfair Contract Terms Act 1977 s.2. If you post through a personal company into a brand or agency, no IR35 label decides the tax. See limitation of liability and IR35 contract clauses checklist.
Frequently asked questions
What contract does an influencer need?
An influencer agreement covering platforms and deliverables, usage and whitelisting, ad disclosure, exclusivity, fees and unused booked dates, who owns the photos and video, confidentialityConfidentiality is a promise to keep shared information private and to use it only for the agreed purpose.More in the glossary, and a liability capA liability cap is the maximum amount one party can be asked to pay the other under a contract.More in the glossary. Start from the influencer agreement template. The longer England and Wales page is What should a UK influencer contract include?
Do I own the photos and video until I am paid?
Yes, unless you already assigned copyright in writing, signed. CDPA 1988 s.11 makes you the first owner of freelance copyright. s.90 requires a signed written assignment. Paying an invoice does not move ownership. Write a licence or assignment on full payment.
Must an influencer label a paid post as an ad?
Yes, when you have been paid, gifted or otherwise incentivised. CAP Code rule 2.1 requires marketing communications to be obviously identifiable as ads. The CMA tells creators to use a clear, upfront label such as Ad or #ad. “Gifted” or “spon” alone is not enough.
How should exclusivity be written in an influencer deal?
Name the category, the rival brands if you can, the platforms, and the window — during the campaign and a named period after. Price it. A clause that bans every paid post in every category forever is the shape that fails in practice. Exclusivity is not an assignment of copyright.
Can I keep the fee if the brand cancels a booked date?
Only if both sides agreed unused booked days and what is kept. There is no default UK kill-fee rule and no default right to keep a deposit. For a business brand the charge must not be a penalty. Typical brand–creator deals are B2B, so the consumer 14-day cooling-off does not apply.
Can the brand sign without creating an account?
Yes. You share one link, the brand reads the agreement in Plain English, agrees and signs. It is free for them.
Sources
- Copyright, Designs and Patents Act 1988, ss.4 and 11Checked 28 October 2026Pending lawyer review
- Copyright, Designs and Patents Act 1988, s.90Checked 28 October 2026Pending lawyer review
- Copyright, Designs and Patents Act 1988, s.92(1)Checked 3 November 2026Pending lawyer review
- Copyright, Designs and Patents Act 1988, ss.77, 80 and 87Checked 28 October 2026Pending lawyer review
- Late Payment of Commercial Debts (Interest) Act 1998, s.6; gov.uk guidanceChecked 7 October 2026Pending lawyer review
- Late Payment of Commercial Debts (Interest) Act 1998, s.5AChecked 28 October 2026Pending lawyer review
- UK GDPR, Article 28(3)Checked 28 October 2026Pending lawyer review
- Unfair Contract Terms Act 1977, s.2Checked 7 October 2026Pending lawyer review
- Income Tax (Earnings and Pensions) Act 2003, ss.61K, 61N and 61NAChecked 28 October 2026Pending lawyer review
- Income Tax (Earnings and Pensions) Act 2003, ss.48 and 60AChecked 28 October 2026Pending lawyer review
- Cavendish Square Holding BV v Talal El Makdessi, [2015] UKSC 67Checked 28 October 2026Pending lawyer review
- Law Reform (Frustrated Contracts) Act 1943, s.1Checked 28 October 2026Pending lawyer review
- Supply of Goods and Services Act 1982, s.13Checked 28 October 2026Pending lawyer review
- Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regs 29–30Checked 3 November 2026Pending lawyer review
- Consumer Rights Act 2015, s.62Checked 3 November 2026Pending lawyer review
- Consumer Rights Act 2015, s.49Checked 3 November 2026Pending lawyer review
Related
Clauses
Glossary
Guides
- What should a UK influencer contract include?
- What should a UK social media manager contract include?
- What goes in a freelance or contractor agreement?
- What NDA should a UK freelancer use?
- What should a UK photographer contract include?
- What should a UK videography contract include?
- How should a freelancer limit liability in a contract?
- Which contract clauses put a UK freelancer inside or outside IR35? (2026 checklist)
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The legal wording governsLast reviewed 6 November 2026Pending lawyer review