Influencer agreement template for England and Wales
A influencer agreement drafted under the law of England and Wales. Below: what it is usually called here, what the legislation says, and the governing-law clause this draft prints.
What is a influencer agreement called in England and Wales?
In England and Wales this is usually called a influencer agreement (or creator agreement).
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What changes under the law of England and Wales?
Where an agency contracts with a creator on behalf of a brand, the brand is often not a party. Whether it can enforce terms depends on the Contracts (Rights of Third Parties) Act 1999 and what the agreement says.
In England and Wales, an electronic signature is admissible in evidence on any question about the authenticity or integrity of a communication or data.
Statutory interest on late payment of commercial debts is set by order under the Late Payment of Commercial Debts (Interest) Act 1998; gov.uk states the rate as 8% plus the Bank of England base rate.
A person who is not a party can enforce a term if the contract expressly says so, or if the term purports to confer a benefit on them, unless the contract shows the parties did not intend that. Contracts commonly exclude this right.
This agreement and any dispute arising out of or in connection with it are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.
In Plain English: if there is a dispute, the law of England and Wales decides what the contract means, and the named courts hear it. It does not say this is the right choice for you; that depends on where the parties are and what they agree.
The other clauses, in Plain English
Legal wording · example
1Usage rights
The Creator grants the Brand a non-exclusive licence to repost and use the Content on the Brand's owned channels for [6] months from first publication. Paid media use requires a separate fee.
In Plain English
The brand can reshare your posts on its own channels for the agreed time; using them in paid ads costs extra.
For [30] days after the final post, the Creator shall not publish paid content for [named competitors].
In Plain English
For a short period you do not do paid posts for the named rival brands.
Legal wording · example
4Disclosure
The Creator shall clearly label all Content as advertising in line with applicable advertising rules.
In Plain English
Every sponsored post is clearly marked as an ad.
Frequently asked questions
Can the brand enforce an agency's contract with a creator?
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Possibly, if the contract says so or a term purports to benefit the brand (Contracts (Rights of Third Parties) Act 1999 s.1). Many agreements state the position expressly.
Can I charge interest if the invoice is paid late?
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Between businesses, statutory interest is available under the Late Payment of Commercial Debts (Interest) Act 1998. gov.uk states the rate as 8% plus the Bank of England base rate. A contract can also set its own rate.
Can a influencer agreement be signed electronically in England?
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Usually, yes. An electronic signature is admissible in evidence (Electronic Communications Act 2000 s.7), and the Law Commission's 2019 report says it is capable of executing a document where the signer intends to authenticate it. A influencer agreement is commonly a simple contract, not a deed, so no witness is needed.