Influencer agreements—key issues

Produced in partnership with Caroline Swain of Charles Russell Speechlys LLP
Practice notes

Influencer agreements—key issues

Produced in partnership with Caroline Swain of Charles Russell Speechlys LLP

Practice notes
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This Practice Note is aimed primarily at brands wanting to use influencers for particular social marketing campaigns and Advertising promotions. It is intended to give an overview of the key terms usually found in an agreement with an influencer and highlights key issues to be considered when reviewing an Influencer Agreement.

For an influencer agreement, see Precedent: Influencer agreement.

For detailed guidance on the regulation of influencer activity and the protections available to protect them from online harms, see Practice Note: The regulation and protection of influencers.

The world of influencers is rapidly evolving and, while most influencers have not yet joined the ranks of traditional celebrities (be they sports stars, screen actors, musicians or royals), there are now service and support teams specifically acting for influencers helping with branding and commercial relationships. Some influencers will have public relations (PR) teams, legal advisors and financial Investors, while others will never have received or reviewed a commercial Contract for Services. Due diligence and a degree of common sense will help the relevant parties ascertain

Caroline Swain
Caroline Swain

Caroline is an Associate in the Commercial Team at Charles Russell Speechlys. Working typically with retail and sports clients she advises on marketing and advertising activities, working with influencers and celebrities, events and sponsorship arrangements, manufacture and distribution terms and terms of sale. Caroline has experience advising on consumer law, data protection and advertising regulation. Caroline regularly acts for large multi-national corporations, innovative start-ups and family businesses and has completed secondments at Westfield and a luxury fashion brand.

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Jurisdiction(s):
United Kingdom
Key definition:
Influencer Agreement definition
What does Influencer Agreement mean?

An agreement used by brands working with celebrity and social talent bloggers and vloggers as part of a marketing campaign. Influencers may operate on platforms such as YouTube and in a wide range of industries such as food, fashion and health & fitness.

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