Executive Summary:
This article explains why influencers and content creators should avoid brand deals without a written contract. Without clear payment provisions, creators risk delayed or withheld compensation and uncertainty about payment conditions. Missing service provisions can lead to disputes over deliverables, usage rights, and exclusivity. At the same time, the absence of governing law and jurisdiction clauses can result in costly legal disputes in inconvenient locations. The piece advises securing written agreements—even if just through an email confirmation—to protect income, clarify expectations, and maintain control over brand rights.
When a brand slides into your inbox with an exciting offer, it’s tempting to say “yes” and get to work. After all, you’ve built your audience, crafted your image, and now someone wants to pay you to promote their product. But without a written contract, you’re taking on risks you might not even realize that can cost you money, ownership of your content, and control over your brand.
A contract isn’t about “making things complicated.” It’s about making sure both sides know exactly what’s expected and how you’ll be compensated. Without it, misunderstandings turn into disputes, and disputes can quickly spiral into lost income or reputation damage.
Payment Provisions: When and How You Get Paid
One of the most common problem areas in unwritten brand deals is payment. If it’s not in writing, you could find yourself waiting months for a check or not getting paid at all.
For influencers and creators, net-90 payment terms (meaning you’re paid 90 days after delivering the work) are common. That’s not inherently bad, but you need to know upfront when payment will be sent, when it’s considered late, and if there are any extra conditions before payment is released.
Other details to confirm in writing:
- Payment method: Wire transfer? PayPal? Check?
- Currency: Especially important if you’re working with international brands.
- Late fees or penalties: Will they pay interest if payment is delayed?
- Approval processes: Do they have to “sign off” before you invoice, and is that timeline reasonable?
When these terms aren’t clear, it’s easy for brands (or their agencies) to push payment back indefinitely, leaving you chasing money you already earned.
Service Provisions: What You’re Actually Delivering
Even more disputes come from unclear expectations about the work itself. You might think you’re creating one video and three Instagram posts. The brand might expect two videos, six posts, and the right to reuse them indefinitely. Without a contract spelling it out, you have no clear way to push back.
Your service provisions should include:
- Exact deliverables (type, format, and quantity of content)
- Deadlines for delivering content and publishing it
- Revisions or approvals — how many rounds, and who has final say
- Usage rights — how long the brand can use your content and where
- Exclusivity terms — can you work with competitors, and for how long
If you’re not clear on these points, you risk overdelivering for free or getting locked out of future partnerships in your niche.
Governing Law and Jurisdiction: Where Disputes Play Out
Here’s one creators rarely think about: what happens if you have to sue or defend yourself over a brand deal gone wrong? The answer depends on two clauses that should be in your contract:
- Governing law clause: Decides which state’s laws will be used to interpret the contract.
- Jurisdiction clause: Decides where a lawsuit can actually be filed.
Without these, the other party could try to pull you into court halfway around the world. This happens more than you’d think. We’ve seen contracts default to another country’s jurisdiction because that’s where the brand’s agency was located. Fighting a legal battle in another country isn’t just inconvenient; it’s often prohibitively expensive.
Too Many Parties, Too Much Confusion
Brand deals often involve more than just you and the brand. There may be an agency representing the brand, another agency representing you, and possibly additional contractors. If the brand pays their agency, but the agency fails to pay you, you could be stuck in the middle unless the contract specifies who is responsible for what.
This is where having payment and service obligations in writing, and knowing who is legally bound to pay you, is critical. Without that, everyone can point fingers, and you’re left unpaid.
When There’s No Contract at All
If a brand resists putting terms in writing, that’s a red flag. At the very least, follow up any verbal conversation with a written confirmation:
“As we discussed, I’ll create one 60-second Instagram Reel and three Instagram Stories for $5,000, payable within 30 days of posting. Please reply to confirm.”
Even a text or email acknowledgement is better than nothing. But if they won’t confirm in writing, you have to ask yourself why and whether you want to risk your reputation on a handshake deal.
Protecting Your Brand Means Protecting Your Terms
Your image, your voice, and your content are valuable assets. Without clear, written agreements, you risk losing control over how they’re used and whether you get paid for them at all.
If you’re tired of relying on vague DMs, one-off emails, and verbal promises, it’s time to make sure your brand deals are backed by strong, clear contracts. Fidara Legal works with influencers, content creators, and public figures to draft and review agreements that protect their payment, define their deliverables, and keep disputes out of court.
If you want to protect your brand and your bottom line, let’s make sure every deal you sign is one that serves you, on paper and in practice. Contact us today.
