An influencer contract should put in writing, before anyone films: deliverables and dates, approval rounds, disclosure, usage rights, paid ad access (what the industry calls whitelisting), exclusivity, payment, and what happens if a post is late, deleted or pulled. Usage rights and ad access need the most care, because paying for a post does not by itself give you the right to run it as an ad or reuse it forever. On Meta, ad access runs through partnership ads; on TikTok, through Spark Ads authorization codes. What follows is a practical checklist, not legal advice.
For the earlier steps, finding and vetting creators, see our guide to hiring Detroit influencers.
Deliverables, dates and approvals
Vague deliverables invite disputes. “One Reel about our patio” leaves too much open. Spell out:
- Format and count. One Instagram Reel, three Stories, one TikTok, and so on.
- Specs. Length range, aspect ratio, whether a caption must include your handle, location tag, link or promo code.
- Must-haves and no-go’s. The address, the offer end date, and any claims the creator should not make, such as health claims or prices you might change.
- Dates. A draft due date, a posting date or window, and how long the post must stay up.
- Raw files. Whether you receive the unedited footage and photos, in what format, and by when.
Write the approval process down too. Say whether you review a draft before it posts, how many rounds of revisions are included (one or two is a reasonable starting point), what counts as a revision versus a new concept, and how quickly you will respond. If your team sits on a draft for a week, the creator should not be penalized for a late post.
The FTC’s Endorsement Guides Q&A adds a reason to review drafts: it says that if a company pre-approves influencers’ paid posts, it should check them for truth-in-advertising compliance. A written brief makes that review faster. Our influencer campaign brief template covers what goes in it.
Disclosure belongs in the contract
The business shares responsibility for disclosure. The FTC’s Q&A says advertisers need “reasonable programs in place to train and monitor” the people promoting them, and that the ultimate responsibility for a clear disclosure rests with the influencer and the brand, not the platform.
In the contract, that becomes three lines: the exact disclosure wording, where it goes (first line of the caption, on screen and spoken in video), and the creator’s agreement to fix a missing or buried disclosure promptly when asked. Instagram’s Paid partnership label is worth using, but the FTC’s Disclosures 101 for Social Media Influencers says not to assume a platform’s tool is good enough on its own.
We cover the wording rules in full in our guide to FTC rules for influencer posts and reviews.
Ownership versus license
Paying a creator does not automatically make you the owner of what they make.
The U.S. Copyright Office’s circular on works made for hire explains that the person who creates a work is ordinarily its author. A freelancer’s work becomes “made for hire,” with the hiring party as author, only if it falls into specific categories and both parties sign a written agreement saying so. Separately, 17 U.S.C. 204(a) says a transfer of copyright ownership isn’t valid unless it’s in writing and signed by the owner.
So most creator agreements are licenses: the creator keeps ownership and grants you defined rights. For most local campaigns a license covers what you need. A full buyout, where the creator assigns the copyright to you, makes sense for content you plan to use for years, such as a video that will run on your website and in ads indefinitely. Expect to pay more for it.
Raw footage deserves its own line. If you want to cut your own edits later, the license should cover the unedited files and say whether you can edit, trim or combine them with other footage. Some creators license only the finished post, so ask.
Usage rights: scope, duration, territory and platforms
A usage clause should answer four questions.
Where can you use it? List each channel: reposting to your own Instagram, Facebook and TikTok; your website; email; in-store screens; print. Organic reposting with credit is the smallest ask.
Can you use it in paid ads? Paid use is a separate grant, and creators often price it separately. Say whether ads run from your own account, from the creator’s handle (see the next section) or both.
For how long? Set a start and end date for each use. Organic reposts can stay on your feed indefinitely while paid use ends after a set term. Agree on what happens at the end: pause ads, stop new uses, or pay to extend.
Where geographically? If you’re a Metro Detroit business whose ads might also reach Windsor, “United States” is too narrow. Name the countries.
Also address editing rights (can you add captions, cut to 15 seconds, change the music?) and credit (must you tag the creator when reposting?).
Price follows rights. Longer terms, paid use and exclusivity each raise what a creator will reasonably charge. Our guide to influencer marketing costs in Detroit explains how those factors move a quote.
Whitelisting, partnership ads and Spark Ads
“Whitelisting” is industry slang for a brand running paid ads through a creator’s account, so the ad shows the creator’s name and handle. It isn’t the name of a platform feature. The platforms’ own help centers call the tools partnership ads (Meta) and Spark Ads (TikTok), and your contract should use those names.
Meta partnership ads
Meta’s help center says branded content ads are now called partnership ads. They let advertisers run ads with creators, brands and other businesses, with one or both accounts in the ad’s header. Per Meta’s page on partnership ad permissions, the advertiser needs permission from the partner whose handle appears in the ad, and creators and other partners can revoke that permission at any time. Meta offers two kinds:
- Content-level permission covers one post, story or reel. A creator can turn on the “Allow brand partner to boost” toggle on branded content that tags you with the paid partnership label, or share a partnership ad code for a specific post. According to Meta’s page on content-level permissions, an ad code can be used by up to two advertisers at a time, and archiving the content on Instagram does not remove the advertiser’s access.
- Account-level permission is for ongoing partnerships. Once the creator accepts a request, sent through Meta’s Creator Marketing Hub, the advertiser can create partnership ads from the creator’s handle without pre-existing content, boost the creator’s posts that tag the advertiser, and include or exclude the creator’s custom audience.
Meta also lets advertisers edit content for ads without changing the creator’s original post, and hide comments on the ad and the original post. Creators can unhide those comments.
Two contract points follow. First, match the permission type to the deal: account-level access is broader than a one-post campaign usually needs. Second, because a creator can revoke permission in the app at any time, the contract should say how long the creator agrees to keep access open, and what happens to the fee if they pull it early.
TikTok Spark Ads
TikTok describes Spark Ads as ads that use organic TikTok posts, including other creators’ posts with their permission. Engagement on the ad is attributed to the original post.
Permission comes through a code. In TikTok’s setup instructions, the creator opens the post’s Ad settings, turns on ad authorization, chooses an authorization period of 7, 30, 60 or 365 days, and copies the code for the advertiser to add in TikTok Ads Manager. TikTok’s code error guide says that if authorization expires or ends before the ad’s end date, the advertiser has to contact the creator to extend or adjust it.
So put the authorization period in the contract, and set it to cover your full flight plus a margin. If you plan a 45-day ad run, a 30-day code won’t do. TikTok also says a video must be un-authorized as a Spark Ad before it can be deleted from the creator’s account, which is one more reason to agree on how long the post stays live.
If you plan to put ad budget behind creator content, our paid social advertising team can run it alongside the campaign.
Exclusivity
An exclusivity clause keeps a creator from promoting your competitors for a set time. Write it narrowly:
- Name the category precisely. “Other Detroit coffee shops” is enforceable in practice. “Food and beverage” could block most of a food creator’s income.
- Name competitors if it matters. A short list is clearer than a category.
- Set the window. Before and after posting, in days or weeks, often tied to the campaign or paid ad term.
- Pay for it. Exclusivity takes income off the creator’s table, so expect to price it as its own line.
Payment, kill fees and when things go wrong
Payment terms. State the amount, what it covers, and the schedule. For larger deals, one common structure is a deposit on signing with the balance due after posting. Name the payment method and the invoice terms, such as net 15 or net 30. If the creator is paid in product or a comped experience, write down its value; that is still a material connection for disclosure.
Kill fee. If you cancel after the creator has started work, a kill fee pays for their time. Agree on the amount in advance and tie it to the stage of the work: less before the shoot, more after a draft is delivered.
Late or missing posts. Set a cure period, such as a few business days to post after a missed date, before any fee reduction applies.
Deleted posts. Say how long the post must stay live. If the creator deletes or archives it early, the contract should say whether they repost, refund part of the fee or extend your usage rights.
Underperformance. Organic reach swings for reasons neither side controls, so guaranteed views or sales are a hard ask. A fairer structure is a fixed fee plus a bonus tied to a measurable result, such as promo code redemptions, or a make-good (an extra Story) if reach falls well below the creator’s recent average. Define the metric and ask for native analytics screenshots. Our guide to measuring influencer marketing ROI covers what to track.
Morality and removal clause. This gives you the right to end the agreement, stop using the content and pull ads if the creator becomes involved in conduct that would reasonably embarrass your business. Define the triggers concretely, and make the clause mutual where you can so the creator can also exit if the business becomes the problem.
Clause checklist
| Clause | What to specify |
|---|---|
| Deliverables | Formats, count, platforms, specs, caption must-haves |
| Dates | Draft due, posting window, how long posts stay live |
| Approvals | Draft review, number of revision rounds, response times |
| Disclosure | Exact wording and placement, fix-on-request duty |
| Ownership | License or copyright assignment, in writing |
| Organic usage | Channels, credit, editing rights |
| Paid usage | Ads from your account, the creator’s handle, or both |
| Term and territory | Start and end dates per use, countries |
| Ad access | Meta permission type, TikTok code period, no early revocation |
| Raw footage | Whether included, format, delivery date |
| Exclusivity | Named category or competitors, window, fee |
| Payment | Amount, schedule, method, invoice terms |
| Kill fee | Amount by stage of work |
| Performance | Reporting screenshots, any bonus or make-good |
| Removal | Deleted posts, late posts, morality triggers, termination |
A plain-English term sheet outline
A term sheet is a one-page summary both sides sign off on before the full agreement. For small deals it can be the agreement. This outline is not legal advice. For large or long-term deals, have a lawyer review the final contract.
- Parties. Business name and contact; creator’s legal name, handles and contact.
- Campaign. One sentence on what you’re promoting and the key dates.
- Deliverables. Each post with platform, format, specs and posting date.
- Approval. Draft due date, revision rounds, response window.
- Disclosure. Required wording and placement; creator fixes on request.
- License. Channels, organic and paid, editing rights, term, territory; or copyright assignment if agreed.
- Ad access. Meta partnership ad permission type and term; TikTok Spark Ads code period; creator keeps access open for the full term.
- Raw files. What’s delivered and when.
- Exclusivity. Category or named competitors and dates, if any.
- Fees. Content fee, usage fee, exclusivity fee, any bonus; payment schedule and method.
- Kill fee and cancellation. Amount by stage; how either side can end the deal.
- Post lifetime and removal. How long posts stay up; what happens if one is deleted, late or pulled; morality triggers.
- Reporting. Which analytics screenshots, and when.
If you’re comparing agencies to handle this for you, ask each one to show you a sample creator agreement. Our guide to choosing an influencer marketing agency lists other questions worth asking.
How we handle creator agreements
When we run creator campaigns for clients, disclosure, usage terms and ad access go into each agreement before anyone shoots, and we match the Meta permission or TikTok code period to the planned ad flight. As an influencer marketing agency in Detroit, we also offer placement on our own Detroit channels, which reach 245,000+ followers, about 60% of them in Metro Detroit. See how our influencer marketing work is structured, including rates.