Brand deal red flags: the contract clauses to read twice.

Most brand deal contracts are fine. The ones that hurt creators rarely look dangerous: the problem usually sits in a clause or two that reads like boilerplate, and only shows up months later, when a video is running in ads you never agreed to, or a payment is still “in process”.

These are the nine clauses we’d read twice before signing, why they matter, and what to ask for instead. It’s practical guidance, not legal advice. For big or long deals, have a lawyer read the whole thing.

Which contract clauses should creators read twice?

1. Usage rights with no end date

Watch for: “perpetual”, “worldwide”, “in all media now known or hereafter devised”.

Ask for instead: specific channels, a fixed term with an end date, and a territory, with renewals agreed and paid separately. More in usage rights, explained.

2. Exclusivity that’s too broad or too long

Watch for: a ban on working with an entire category, lasting months after the campaign ends.

Ask for instead: named competitors or a narrow category, for the campaign plus a short period after, and paid for, because exclusivity costs you other work.

3. Payment that depends on someone else

Watch for: payment “on the brand’s satisfaction”, only after the whole campaign ends, tied to views or sales you can’t control, or with no date at all.

Ask for instead: fixed payment dates tied to delivery, part of the fee up front on bigger deals, and what happens if payment is late.

4. Unlimited revisions

Watch for: “revisions until approved” or reshoots at the brand’s discretion.

Ask for instead: a set number of revision rounds, with reshoots paid unless you missed the brief.

5. Handing over ownership of your content

Watch for: “assigns all rights, title and interest” in the content to the brand.

Ask for instead: a licence. You keep ownership, and the brand gets clearly defined rights to use it. Raw footage, if they want it, is a separate item.

6. Partnership ads with no limits

Watch for: open-ended permission to run ads from your handle, with any copy the brand chooses.

Ask for instead: the specific posts covered, a time limit, and approval of any ad copy that appears under your name.

7. One-sided indemnities

Watch for: you promising to cover the brand’s losses for anything that goes wrong, including problems with its own product.

Ask for instead: a mutual indemnity, with the brand responsible for its product and its claims. Ask for the evidence behind any claim you’re asked to make, too. Under the Consumer Protection Act, an endorser who did due diligence on a claim has a defence; one who didn’t, doesn’t.

8. Cancellation without payment

Watch for: the brand able to cancel at any time without paying for work already done, or a vague “morality clause” it can invoke for almost anything.

Ask for instead: full payment for anything delivered, a kill fee if the brand cancels mid-way, and a morality clause with a clear, specific definition.

9. Anything that avoids disclosure

Watch for: “make it feel organic”, “no #ad”, or a confidentiality clause that stops you labelling the post.

Ask for instead: nothing. Labels are required by ASCI’s guidelines and backed by the Consumer Protection Act. Insist on the label, or walk away.

What should a fair brand deal contract include?

• Deliverables, formats and posting dates.
• The fee, payment dates, and what happens if payment is late.
• Usage: channels, term, territory and edits.
• Exclusivity, if any: narrow, time-limited and paid.
• Approvals and a set number of revisions.
• Disclosure: the labels and platform tools you’ll use.
• Cancellation terms, including a kill fee.
• Ownership: you keep it, the brand licenses it.

Do you need a lawyer or a manager?

For a one-off post with a brand you trust, a careful read against this list may be enough. For long ambassadorships, large fees, or anything involving exclusivity or perpetual rights, get professional help: a lawyer for the contract, or a manager who negotiates deals every day. Here’s how to tell whether you need a talent manager.

For the creators we manage, these terms get negotiated before anything reaches them to sign. Here’s what stays yours when you work with us.