I was recently asked to become a brand ambassador for a new start up and part of the process was signing an ambassador contract , through my training contract I have had exposure to several contracts, but I’m conscious that not everyone has, so I thought I’d write a few things to think about when looking at similar contracts.
Exclusivity- unless you want to only represent that company and be prevented from promoting other brands, then you would want the contract to be a non exclusive one. If you are negotiating an exclusive contract, make sure you understand that this could limit alternative opportunities and you should be paid suitably to reflect that.
Intellectual Property rights- some contracts will have a clause which states that all the content you shoot for that company can be used by that company. Think about whether you want to be asked for permission for the company to use your content, do you want them to use it worldwide? Are they required to give you credit for this content?
Obligations- what will you have to do under the contract? Are you required to promote on your social media- how many posts or Instagram stories. Can you delete these posts at some point, say you decide to change your whole feed? Make sure you are able to carry out these obligations otherwise you’ll be in breach of the contract.
Commission- a lot of brand ambassadors receive discount codes for their friends, families and followers to use, receiving commission on any purchases used with the code. Make sure you know how much commission you will receive and when and how it will be paid to you.
Duration- do you want to build in some flexibility to the contract? For example, an initial period of six months which rolls over to a year unless parties give notice to each other or do you want a fixed term contract of a year
Termination- not all partnerships go to plan, so you want to make sure you have a way out if necessary. Usually both parties will have a right to terminate without cause with a one month’s notice period.
Disclaimer: these are only a few thoughts and by no means intended to be a complete guide!