Content Creator Client Contracts: Key Clauses, Usage Rights, and Kill Fees (2026)

1. Parties and effective date: Full legal names of both parties (your LLC name and the brand's legal entity name), contact information, and the date the agreement becomes effective.

2. Scope of work: Specific deliverables with no ambiguity. Not 'a YouTube video about the product' but 'one YouTube video, minimum 8 minutes, with 60-second dedicated integration, published to [channel URL] by [date], including the following talking points: [list].' Vague scope is the primary cause of contract disputes.

3. Timeline: Content brief delivery deadline, first draft delivery deadline, number of revision rounds and turnaround time per round (e.g., 'up to two rounds of revisions within 5 business days'), and publication date.

4. Compensation: Total fee, payment schedule, payment method, late payment fee (1.5% per month), and expense reimbursement if applicable.

5. Approval rights: Brands can review for factual accuracy and FTC compliance. Creators maintain editorial voice. Specify how many rounds of changes are included and what counts as a new request versus a revision.

6. FTC compliance: Both parties agree to comply with FTC endorsement guidelines. Creator will include required disclosure. Brand will not instruct creator to conceal the commercial nature of the content.

7. Confidentiality: What information is confidential (campaign strategy, unreleased product details) and the duration of confidentiality obligations.

Usage rights determine what the brand can do with your content after delivery. This is where many creators lose significant money by granting unlimited rights without realizing it.

Basic usage (included in standard rate): Brand can share the video on their social channels, link to it on their website, and embed it in marketing emails.

Paid amplification (requires additional fee): If the brand wants to run your content as a paid advertisement (YouTube pre-roll, Instagram/Facebook ad), this is a separate use commanding 25-75% of your base rate per 6-12 month period.

Whitelisting/allowlisting: The brand runs ads through your creator account. Requires an explicit agreement and typically a 25-50% premium on top of base rate.

Exclusivity: You agree not to work with competing brands for a defined period. Price exclusivity at 20-50% of your base rate per month of exclusivity. A 90-day exclusivity clause on a $3,000 deal should add $900-$1,500 to the total.

Perpetual unlimited rights (avoid or price very high): Gives the brand the right to use your content for any purpose, forever. Price this at 200-500% of your base rate minimum.

Standard rights language to include: 'Creator grants Brand a non-exclusive, non-transferable license to reproduce, distribute, and display the Content on Brand's owned digital channels for a period of 12 months following the publication date. Any use beyond these channels or beyond this period requires a separate written agreement and additional compensation.'

Kill fee (critical clause): A kill fee compensates you if the brand cancels the project after you have started work.

Standard kill fee structure:
- Cancellation before production begins: 25% of total fee
- Cancellation after first draft delivered: 50% of total fee
- Cancellation after revisions delivered: 75% of total fee
- Cancellation after final delivery: 100% of total fee owed

Revision limits: 'Two rounds of revisions are included. Additional revisions are billed at $150/hour.' Without this clause, some brands request changes indefinitely.

Red flags in brand contracts:
- Unlimited revisions — cap with an hourly rate for excess
- Perpetual, worldwide, irrevocable license — negotiate a time limit and specific channels
- Brand can edit your content without your approval — refuse this
- Non-compete that bars you from your entire niche for a year — unreasonably broad
- Payment contingent on 'satisfactory performance' without objective criteria — replace with clear delivery standards
- Forced arbitration in a distant state — negotiate for your state or remote

Getting contracts signed: Use DocuSign or HelloSign for electronic signatures. Both are legally binding under the ESIGN Act. Do not start work until the contract is fully executed.

Disclaimer: This is general information about contracts, not legal advice. For high-value deals or complex agreements, have a contract attorney review before signing.