Do I need a lawyer for every brand deal contract?

Not for every deal. For deals under $2,000, a solid template and your own review are usually sufficient. For deals over $5,000 or deals with unusual terms (long exclusivity, perpetual usage rights, indemnification), an entertainment lawyer review ($300-$500) is worth the cost.

What if a brand sends me their contract?

Brand contracts are written to protect the brand, not you. Read every clause, mark up terms you want to change, and send back your revisions. This is normal and expected in professional negotiations.

What should I do if a brand does not pay on time?

Send a formal payment reminder email referencing the contract terms. If payment is 30+ days late, send a formal demand letter. If still unpaid after 60 days, consider small claims court (for amounts under your state's limit, usually $5,000-$10,000) or a collections agency.

Are DM agreements legally binding?

Technically, any agreement (written, verbal, or electronic) can be binding. However, DM agreements are extremely difficult to enforce because they often lack essential terms. Always follow up a DM agreement with a formal written contract before starting work.

Guide

ContractsContent CreatorLegalBrand DealsUSA

Content Creator Contracts: What to Include, Red Flags, and Templates

A handshake deal or a casual DM is not a contract. Every year, thousands of US content creators lose money because they did not have proper written agreements in place. Whether it is a $500 sponsorship or a $50,000 brand partnership, a contract protects your payment, your content rights, and your reputation. This guide covers the essential clauses every creator contract needs.

Last updated: February 26, 2026

Step-by-Step Guide

Create your standard contract template

Build a baseline contract with your standard terms (payment, deliverables, ownership, revisions). Use this as your starting point for every deal. Free templates are available from creator unions and legal aid organizations.

Review every contract before signing

Read every clause, not just the payment section. Pay special attention to exclusivity, usage rights, indemnification, and termination clauses.

Negotiate unfavorable terms

Mark up the contract with your changes and send it back. Negotiation is expected and professional. Brands respect creators who understand their worth.

Get signatures before starting work

Use DocuSign, HelloSign, or Adobe Sign for legally binding electronic signatures. Never start creating content based on an unsigned agreement.

File and track all contracts

Keep a folder with all signed contracts organized by brand and date. Track deliverable deadlines, payment dates, and exclusivity expiration dates in a spreadsheet.

Contracts every content creator needs

1. Brand Sponsorship Agreement — The most common creator contract. Covers deliverables, payment terms, content rights, exclusivity, and FTC disclosure requirements.

2. Freelance Service Agreement — If you offer editing, consulting, or content creation services to clients. Covers scope of work, payment schedule, revisions, and kill fees.

3. Collaboration Agreement — When working with other creators. Covers content ownership, revenue splitting, and publication rights.

4. Independent Contractor Agreement — When you hire editors, designers, or virtual assistants. Covers work-for-hire provisions, payment terms, and confidentiality.

5. Licensing Agreement — When someone wants to use your existing content. Covers usage rights, duration, territory, and fees.

Never start work without a signed contract. Verbal agreements are technically enforceable but nearly impossible to prove in court.

Essential clauses in every brand deal contract

Payment terms: Specify the exact dollar amount, payment schedule (50% upfront / 50% on delivery is standard), payment method, and late payment penalties. Net-30 is common; never accept net-90.

Deliverables: Exactly what you are creating — number of posts, platforms, video length, number of revisions included. Vague deliverables lead to scope creep.

Content ownership and usage rights: Who owns the final content? Typically, you retain ownership and grant the brand a license to use it. Clarify whether they can use your content in paid ads (usage rights), for how long, and on which platforms.

Exclusivity: Does the brand want you to avoid promoting competitors? For how long? Exclusivity should cost extra — typically 25-100% more than the base rate — because it limits your future income.

FTC compliance: Both parties are responsible for FTC disclosure. Your contract should state that you will include proper #ad or #sponsored disclosures as required by FTC guidelines.

Kill fee: If the brand cancels after you have started work, you should be compensated. Standard kill fees are 25-50% of the total contract value.

Morality clause: Many brands include these. Read carefully — overly broad morality clauses can let a brand terminate and demand refunds for almost any reason.

Red flags and negotiation tips

Red flags to watch for:
- No payment timeline specified (or 'payment upon campaign completion' with no defined end date)
- Perpetual usage rights with no additional compensation
- Blanket exclusivity with no extra pay
- Requirement to make unlimited revisions
- Non-compete that extends beyond the contract period
- Indemnification clauses that make you liable for the brand's claims about their own product

Negotiation tips:
- Always counter the first offer — brands budget 20-40% more than their initial proposal
- Charge separately for usage rights (the right to use your content in their ads). Usage rights should be 50-200% of the base rate depending on duration and platforms.
- Limit revisions to 2 rounds. Additional revisions should cost 15-25% of the base rate per round.
- Insist on a 30-day exclusivity maximum unless they pay a significant premium
- Get everything in writing before creating any content

Disclaimer: This is general information, not legal advice. For high-value contracts ($5,000+), have an entertainment or media attorney review before signing.

Pro Tips

Never accept 'exposure' as payment — if a brand has budget for product, they have budget for creator compensation
Add a late payment penalty clause (1.5% per month is standard) to discourage brands from delaying payment
Keep exclusivity periods short (7-30 days) unless the brand pays a significant premium for longer periods
Always retain ownership of your content and license usage rights separately — this preserves your ability to repurpose content
For brand deals over $5,000, the cost of a lawyer review ($300-$500) is a smart investment