In the 1970s and 1980s, identifying celebrities used to be quite straightforward: film stars, pop idols, TV personalities and sporting heroes. Everyone knew who these people were, and what brought them their fame. As a consequence, celebrities were often courted by large brands to endorse their goods and services.
Fast forward to the 2020s and times have changed. You will have had to have spent the last ten years living on a remote island with no internet connection to have missed the meteoric rise of the “social media influencer”.
With TV and radio advertising revenues falling year on year and a significant change in buyer behaviour in younger generations, many companies are seeking to tap into influencer marketing.
At Lodders, we are increasingly being asked to write contracts for clients who wish to align themselves with influencers for the purpose of both general and targeted marketing campaigns. Some of these contracts take the form of one-off endorsement deals, but often influencer agreements (or Brand Ambassadors agreements as they are also known) are quite often long-term deals, particularly where the person is to become the “face” of a brand.
The essence of such agreements is that an influencer will agree to post promotional material about a company’s goods or services, in return either for payment of fees, or payment in kind by way of products or services.
For companies thinking about working with a brand ambassador, here are some of the most important aspects to consider.
Some examples of what an influencer agreement should contain might be as follows:
Entering into commercial arrangements with Influencers is now a key aspect of many brand owners’ marketing strategies. However, as with any contractual relationship, there are many things to be considered and documented to ensure a successful working relationship.
If you require bespoke advice in relation to your specific project, our expert solicitors can assist you. For more information, or for an initial chat, please get in touch with Stuart Price, head of commercial law at Lodders, using the form below.
Our answers should not be considered as formal legal advice as the background of any situation may affect the advice that we give.Contact us
Stuart is a partner in Lodders’ Corporate and Commercial team. He is an expert in commercial law and regularly advises clients on commercial contracts (including technology and media contracts) intellectual property and data protection issues.
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