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Influencer Contract

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INFLUENCER CONTRACT

THIS INFLUENCER CONTRACT (the "Contract") is dated this ________ day of ________________, ________.

Client

____________________________________________________
(the "Client")

Influencer

____________________________________________________
(the "Influencer")
  1. BACKGROUND
  2. The Client seeks to use the services of the Influencer, and the Influencer agrees to provide their services, to promote the business of the Client through the Influencer's social media platforms, according to the terms and conditions set out in this Contract.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Contract, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Influencer (individually the "Party" and collectively the "Parties" to this Contract) agree as follows:

  1. Business Description
  2. The "Business" refers to the goods and/or services offered by the Client as follows: _______________________________________________________________
    _______________________________________________________________

  3. Service Details
  4. The Client hereby agrees to engage the Influencer to provide the Client with the following promotional services (the "Services"):
    1. Posts to the Influencer's social media platforms as outlined in this Contract.
  5. Social Media Posts
  6. The Influencer will be required to make posts (the "Posts" or "Post") to the following social media platforms (the "Platforms") as follows:
  7. The Influencer will comply with all applicable Federal Trade Commission rules, regulations, and guidelines, any other applicable laws, and all social media platform requirements and restrictions. These requirements may include tagging Posts with certain hashtags indicating the Post is a paid advertisement or disclosing the connection between the Parties. The Influencer shall indemnify and hold harmless the Client from any liability resulting from the Influencer's failure to comply with any law, requirement or restriction regarding the Posts.
  8. Term of Contract
  9. The term of this Contract (the "Term") will begin on the execution of this Contract and will remain in full force and effect until May 19, 2024, subject to earlier termination as provided in this Contract. The Term may be extended with the written consent of the Parties.
  10. In the event that either Party breaches a material provision under this Contract, the non-defaulting Party may terminate this Contract immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
  11. Compensation
  12. The Influencer will charge the Client a fee (the "Compensation") composed of:
  13. The Parties acknowledge that they will each be solely responsible for the federal, state and local taxes and duties that may apply to them.
  14. The Client will not reimburse the Influencer for any expenses incurred in connection with providing the Services of this Contract.
  15. Confidentiality
  16. Trade secrets (the "Trade Secrets") include but are not limited to any data or information, technique or process, tool or mechanism, formula or compound, pattern or test results relating to the business of the Client, which are secret and proprietary to the Client, and which give the business a competitive advantage where the release of that Trade Secret could be reasonably expected to cause harm to the Client.
  17. Confidential information (the "Confidential Information") refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client, including, but not limited to, accounting records, Trade Secrets, business processes and client records, and that is not generally known, and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
  18. The Influencer agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Influencer has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Contract.
  19. All written and oral information and material disclosed or provided by the Client to the Influencer under this Contract is Confidential Information regardless of whether it was provided before or after the date of this Contract or how it was provided to the Influencer.
  20. Ownership of Intellectual Property
  21. All intellectual property and related material, including any Trade Secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Contract, is a "work made for hire" as defined in the United States copyright law (Title 17 of the United States Code) and will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
  22. The Influencer may not use the Intellectual Property for any purpose other than that contracted for in this Contract except with the written consent of the Client. The Influencer will be responsible for any and all damages resulting from its unauthorized use of the Intellectual Property.
  23. Return of Property
  24. Upon the expiration or termination of this Contract, the Influencer will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client, and will permanently delete from their computer systems all Confidential Information and proprietary information which is the property of the Client.
  25. Independent Contractor
  26. In providing the Services under this Contract it is expressly agreed that the Influencer is acting as an independent contractor and not as an employee. The Influencer and the Client acknowledge that this Contract does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Influencer during the Term. The Influencer is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Influencer under this Contract.
  27. Licensing
  28. The Influencer will comply with all legal licensing requirements, and will provide proof of such licensing immediately upon the Client's request.
  29. Autonomy
  30. Except as otherwise provided in this Contract, the Influencer will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Contract. The Influencer will work autonomously and not at the direction of the Client. However, the Influencer will be responsive to the reasonable needs and concerns of the Client.
  31. Equipment
  32. Except as otherwise provided in this Contract, the Influencer will provide at the Influencer’s own expense, any and all tools, equipment, software, materials and any other supplies necessary to deliver the Services in accordance with the Contract.
  33. Exclusivity
  34. The Parties acknowledge that this Contract is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services, except as otherwise provided in this Contract.
  35. Notice
  36. All notices, requests, demands or other communications required or permitted by the terms of this Contract will be given in writing and delivered to the Parties at the following addresses:
    1. ______________________
      ______________________________
    2. ______________________
      ______________________________

    or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.

  37. Indemnification
  38. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Contract. This indemnification will survive the termination of this Contract.
  39. Modification of Contract
  40. Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
  41. Time of the Essence
  42. Time is of the essence in this Contract. No extension or variation of this Contract will operate as a waiver of this provision.
  43. Assignment
  44. The Influencer will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Contract without the prior written consent of the Client.
  45. Entire Agreement
  46. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Contract except as expressly provided in this Contract.
  47. Enurement
  48. This Contract will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
  49. Titles/Headings
  50. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract.
  51. Gender
  52. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  53. Governing Law
  54. This Contract will be governed by and construed in accordance with the laws of the Commonwealth of Virginia.
  55. Severability
  56. In the event that any of the provisions of this Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.
  57. Waiver
  58. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Contract by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
  59. Force Majeure
  60. No liability will be imposed on the Influencer if the performance of this Contract is impeded due to circumstances beyond the Influencer's reasonable control such as due to acts of God, pandemic or other public health crises, storm or other environmental disaster, fire, theft, vandalism, riots, national emergencies, government acts or orders, labor disputes and supplier failures. The Influencer must promptly notify the Client of such event in writing, and must use all reasonable efforts to avoid or remove the causes of non-performance.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

_______________________________
______________________ (Client)
_______________________________
______________________ (Influencer)
Influencer Contract Page of
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