The brand deal contract checklist: 14 clauses to read before you sign

The money clauses

• Fee and schedule: the total, and when it is paid. 50% on signature and 50% on delivery is fair. 100% after the post goes live is common; ask for a deposit.
• Payment terms: Net 15 is good. Net 30 is normal. Net 60 or Net 90 is the brand using you as a bank; add a late fee (1.5% a month is standard) or shorten it.
• Kill fee: if they cancel after you have shot, you get paid for the work done. 50% after concept approval, 100% after delivery is fair. No kill fee means they can cancel the day before posting for free.
• Expenses: product, shipping, travel, props. Who pays, and whether it needs pre-approval.

The rights clauses

• Usage: what they can do with the content, on which channels, for how long. Fixed term, named channels, license not assignment.
• Whitelisting: ads from your handle. Its own line, its own end date, access revoked in writing.
• Exclusivity: named competitors, 30 days from the post, sponsored posts only.
• Ownership: you own it, they license it. 'Work made for hire' hands it over.
• Raw footage: if they want it, it is a separate fee. Your unedited footage is not part of a post.

The control clauses

• Approvals and revisions: two rounds of revisions is fair. 'Until Brand is satisfied' is unlimited.
• Takedown: whether they can make you delete the post, and whether you still get paid if they do. You should.
• Morals clause: lets them cancel if you do something that embarrasses them. Fair if it is specific ('criminal conviction'), unfair if it is 'conduct Brand deems objectionable.' Ask for it to cut both ways.
• Non-disparagement: you cannot say anything negative about the brand. Ask for a time limit and a carve-out for honest reviews.

The clauses at the end

• Auto-renewal: some agreements renew unless you cancel in writing 30 or 60 days before the end. Strike it or set a reminder.
• Indemnification: you cover their legal costs if your post causes a claim. Fair if limited to your own breach; unfair if it covers anything 'arising from the Content' including their edits and their claims about the product.
• Governing law: the state whose courts decide a dispute. Not a deal breaker, but a brand in Delaware with you in California means a flight if it ever matters.
• FTC disclosure: the contract should require #ad and let you keep it visible. If it asks you to soften the disclosure, that is your risk, not theirs.

How to send changes

Do not send the contract back covered in comments. Send a short email with three to five asks, each one a sentence, in order of importance, and say which ones matter most. 'Usage to 6 months named channels; Net 30 with a 1.5% late fee; exclusivity limited to the three brands listed.' Brands say yes to lists. They stall on essays.

Keep reading

• Usage rights in brand deals, explained
• Exclusivity clauses: what they cost you and what to charge
• Getting paid: Net 30, invoices, late fees and the nudge that works