LAWFLUENCER

An endorsement agreement is a contract that allows a business to use your name, image, and influence to promote their products or services. You may receive compensation in exchange for the promotional content, such as money, free products or services, or other perks.

What It Contains:

• Approval and editing rights

• Compensation and payment terms

• Dates of performance and deliverables

• Restrictions on similar endorsement work for competitors

• Compliance with FTC disclosure guidelines and laws

• Metrics for success

• Ownership of content created and license to reuse

• Scope of work for endorsement and advertising of the product or service

Example - A beverage company has contacted you through a direct message on Instagram with an endorsement proposal. They are offering to pay you $6,000 in exchange for four Instagram posts promoting their product. The posts should highlight the nutritional content of the beverage and how it makes you feel after a workout. To legally solidify the terms of this deal, it is recommended that you sign an endorsement agreement.

Other names for an endorsement agreement includes: influencer marketing agreement, celebrity endorsement agreement, product endorsement agreement, brand sponsorship, and endorsement agreement.

A non-disclosure agreement is a contract in which a person or business promises to treat certain information as confidential and not disclose it without the proper approvals. This type of contract is frequently used when two parties want to discuss a potential business transaction and need to share confidential information and materials as part of that discussion.

What It Contains:

• A definition of what is considered "confidential information"

• The duration of the confidentiality restriction, or how long the information must remain confidential

• The permitted use of the information

• Remedies for any wrongful disclosure of the information

TYPES:

• Unilateral NDA - used when only one party is sharing confidential information. Unilateral means “one-way”.

  Example - an influencer may want to share their upcoming social media partnerships with a prospective advertiser.

• Mutual NDA - is used when both parties will exchange confidential information with the other.

  Example - an influencer may want to share their upcoming social media partnerships with a prospective advertiser, and the advertiser may want to share details on their newest, but not yet released, products for the upcoming season.

Other names for an NDA includes: confidentiality agreement, confidential disclosure agreement, proprietary information agreement, and NDA.

A copyright license is a legally-binding agreement that allows someone to use someone else's creative work, such as music, images, text, or video clips. In order to use someone else's content, you must obtain permission from the copyright holder, also known as "licensing."

It's important to identify who owns the copyright and to negotiate the terms of the license, including the duration of use, the scope of the use (e.g., where and when the work can be used, whether it can be edited), and any compensation (such as royalties) for using the work.

What It Contains:

• Description of the work being licensed

• Duration of use

• Scope of the use - when and where can the work be copied, can it be edited, and is the use right exclusive to you?

• Compensation (royalty) for using the work

Example - let's say you are contacted by a sunscreen company that wants to use a picture of you at the beach, where the company's sunscreen bottle was visible on your towel. As the owner of the photo, you agree to allow the company to use it on their Instagram account. In this case, it would be a good idea to create a written license agreement to protect your rights and specify the terms of the company's use of your content.

It's worth noting that a license agreement provided by a business will often have broad use rights, will not require payment of royalties, and will be in effect indefinitely. By creating your own license agreement, you can have more control over the terms, scope, and authorization of the use of your content.

Other names for a copyright license includes: license to user generated content, license to use, and copyright license contract.

A photo release is a legally-binding agreement in which the owner of a photograph gives permission for the image to be used commercially. A property release is a similar agreement in which the owner of a particular piece of private property, such as a vintage car or a dog, gives permission for the property to be featured in a photograph that will be used commercially.

When you need it:

• You can recognize the subject (person or property) in the photograph and the photo will be used for commercial purposes, advertising, or to promote something.

• The subject in the photograph is under the age of 18 and you intend to use the photo commercially.

When you don’t:

• You take a photo in public and the people in the photo are not recognizable and you do not plan to use the photo for commercial use.

What It Contains:

• Permission to take the photograph

• The scope of photo usage (e.g., where and when the photo can be used)

• Any compensation (such as royalties) for using the photo.

Example - let's say you own a very cute bulldog with a large social media following. A dog food company wants to feature your puppy in its all-natural dog food social media campaign. In order to photograph and use images of your dog in the campaign, the company will ask you to sign a property release form. By creating your own property release form, you can dictate the terms of the photo release.

Other names for a release agreement includes: model release form, model license agreement, and photo license.