Brand deals are exciting. The contract that comes with them usually isn't. Here are the five clauses I see creators get burned by most often — and what to look for in each.
1. Exclusivity
An exclusivity clause stops you from working with the brand's competitors. That sounds reasonable until you read how the contract defines a competitor and how long the restriction lasts.
- Scope: "Beverages" is very different from "carbonated soft drinks". Narrow the category.
- Duration: Exclusivity should end shortly after the campaign, not months later.
- Compensation: Longer exclusivity should mean more money. You are selling future opportunities.
2. Usage rights
This clause decides what the brand can do with your content after you post it.
Watch for the word perpetual. A perpetual, worldwide, royalty-free licence means the brand can run your face in paid ads forever without paying you again. Prefer a defined term (say, 6–12 months), defined channels, and extra fees for paid amplification.
3. Payment terms
"Net 90" means you get paid three months after invoicing — if everything goes smoothly. Push for:
- A part payment on signing or before the deliverables go live.
- Net 30 or better on the balance.
- A late-payment interest clause. Even a symbolic one changes behaviour.
4. Approval and revision loops
Unlimited revisions are unpaid labour. Cap the number of revision rounds (two is standard) and set a timeline for the brand's feedback so a delayed approval doesn't block your content calendar — or your payment.
5. Termination and kill fees
If the brand cancels the campaign after you've shot the content, you should still be paid for work done. A kill fee clause fixes that percentage in advance. Without it, you're negotiating from zero after the fact.
A contract is not a formality. It is the entire relationship, written down while everyone is still friendly.
If a deal is significant for you — in money or in exclusivity — have a lawyer read it. A thirty-minute review is far cheaper than a year locked out of your own category.
This article is general information, not legal advice for your specific situation.