You’ve built your beauty brand, earned the trust of your followers, and now the skincare and cosmetics deals are rolling in. But if you’re only signing the contracts the brand sends you—without having your own agreement—you might be giving up more than you realize.
From unclear usage rights to hidden exclusivity clauses and unpaid bonuses, brand partnerships can get legally messy fast. That’s why having your own influencer agreement isn’t just smart—it’s essential.
In this guide, we’ll walk through what your agreement should include, the most common mistakes creators make, and how Counsel Club helps you create one that works for your business.
Why You Need Your Own Influencer Agreement
It’s easy to assume that the brand’s contract is “standard.” But most brand agreements are written from the company’s perspective, not yours. They often leave out:
- What content you’re actually responsible for delivering
- How the brand is allowed to use your content (and for how long)
- Whether you’re allowed to work with competitors
- What happens if the campaign gets canceled
- How you’re paid—and what happens if payment is delayed
An influencer agreement levels the playing field. It lets you:
- Protect your content from being reused or trained into AI tools without permission
- Make sure you get paid fairly, on time, and for everything you deliver
- Set boundaries around your brand image and future deals
Key Clauses to Include in Your Influencer Agreement
Your contract doesn’t have to be complicated—it just has to be clear. These are the most important sections:
1. Scope of Content
Spell out exactly what you’re creating: how many posts, on what platforms, by when. Clarify whether it’s organic, boosted, or sponsored.
Example: “Creator will produce one Instagram reel, one carousel post, and two TikTok videos, to be published between September 1–15, 2025.”
Also clarify who handles things like product shipping, creative briefs, and approvals.
2. Usage Rights
This is one of the biggest areas where influencers lose value. If you don’t define how your content can be used, the brand may:
- Run paid ads using your face and name
- Train AI on your voice or style
- Repost endlessly—even after the campaign ends
Example: “Brand may repost content organically on its own channels for 90 days. Any paid use, whitelisting, AI training, or syndication requires additional licensing.”
Always define the duration, media, and type of use allowed.
3. Exclusivity Clauses
Brands often include exclusivity that prevents you from working with competitors. That might make sense for a 6-figure deal—but not for a quick product shoutout.
Make sure you understand:
- How long the exclusivity lasts
- What products or categories it applies to
- Whether it’s mutual or one-sided
Example: “Creator agrees not to promote competing skincare serums for 30 days following the final campaign post.”
You can often negotiate this down or tie it to product categories only.
4. Payment Terms and Bonuses
Don’t leave your compensation vague. Cover:
- Payment amount and method (flat fee, CPM, affiliate bonus, etc.)
- Deposit (if any)
- Payment timeline (net 10, net 30)
- Bonuses for performance (clicks, conversions)
Example: “$2,500 flat fee, payable 50 percent on signing and 50 percent within 10 days of final post. Additional $500 bonus if TikTok post exceeds 50,000 views.”
Also specify if you’ll invoice or if the brand pays automatically.
5. FTC Disclosures and Brand Responsibilities
Make sure the brand understands you’ll follow FTC guidelines (like using #ad), and that they can’t ask you to mislead your audience.
Include a clause that protects you from liability if the product doesn’t perform or causes harm.
Example: “Creator will comply with all FTC disclosure requirements. Brand is solely responsible for product performance, safety, and advertising claims.”
6. Termination and Kill Fees
What happens if the campaign gets canceled halfway through? Or if the brand delays the brief for weeks?
Example: “Either party may terminate with 7 days’ written notice. If terminated after content creation has begun, Creator is entitled to a kill fee equal to 50 percent of the total fee.”
You may also want to include a pause clause for delays caused by the brand.
Common Mistakes Beauty Creators Make Without an Agreement
- Assuming the brand will play fair
If you don’t set terms, you’re relying on goodwill. And that’s risky. - Not defining usage
Brands will almost always reuse your content if you don’t tell them they can’t. - Ignoring AI training
More and more brands are feeding creator content into AI tools. Without restrictions, they don’t have to pay you. - No payment deadlines
“I’ll get it to you soon” isn’t a real timeline. Nail it down in writing. - Agreeing to blanket exclusivity
You shouldn’t have to turn down other work unless you’re being compensated fairly.
How Counsel Club Helps You Protect Your Brand
At Counsel Club, we believe influencers are real businesses. You shouldn’t have to guess your way through a contract or pay $5,000 for a lawyer just to get a fair deal.
Here’s what we offer:
✅ Guided Contract Builder
Our step-by-step tool helps you:
- Define deliverables and post schedules
- Set your own usage terms and fees
- Decide how long exclusivity should last
- Add disclosures and brand requirements
You answer practical questions. We generate the contract.
✅ Amicus, Your AI Legal Assistant
Stuck on something? Ask Amicus in plain English.
- “Is it OK to let them repost this on paid ads?”
- “Should I give them usage rights for a year?”
- “What happens if I don’t hit the performance targets?”
✅ Concierge Legal Support
Need help negotiating brand redlines? Or just want a real lawyer to check it over? Our Concierge service connects you with smart, startup-savvy attorneys at a fraction of the usual cost.
Sample Questions Influencers Ask Amicus
- “How do I make sure they don’t use my post in AI tools?”
- “What’s a fair exclusivity period for skincare?”
- “Can I repost this content to my own website or YouTube?”
- “What if they don’t pay me on time?”
- “Do I need to tag the brand a certain way for FTC rules?”
Conclusion: You’re Not Just a Creator—You’re a Business
Being a beauty creator means more than posting a cute reel. You’re building a personal brand, developing high-conversion content, and acting as the public face of a product.
That deserves clear boundaries, fair compensation, and legal protection.
With Counsel Club, you can create a contract that actually reflects your work—without breaking the bank or relying on brand templates that weren’t written with your interests in mind.
