Free Resource: The ultimate influencer agreement compliance checklist

Protect Your Brand. Empower Your Partnerships.

Before you sign or draft another influencer agreement, use this definitive checklist to ensure every campaign is legally sound, transparent, and set up for success. This free guide, created by the legal experts at LegalLens, breaks down the complex world of influencer marketing law into simple, actionable steps.

This checklist is perfect for:

• Brands & Agencies: Ensure every collaboration is compliant and protects your intellectual property.

• Marketing Managers: Streamline your campaign process with legally-vetted frameworks.

PART 1: THE FOUNDATION – ESSENTIAL CLAUSES

This section ensures the basic legal and regulatory framework is solid.

• Compliance & Disclosure:

  • Does the contract mandate clear advertising disclosures (e.g., #ad, #sponsored) as per FTC/EU guidelines?

  • Does it require adherence to the specific terms of service for all relevant platforms (Instagram, TikTok, YouTube, etc.)?

  • Are there clauses requiring compliance with applicable local and international advertising laws?

• Scope of Work & Deliverables:

  • Are the deliverables specifically defined (number of posts, format: Reels/Stories/static, exact platforms)?

  • Is the content timeline and posting schedule clearly outlined?

  • Are key campaign messages, hashtags, and style/brand guidelines attached or referenced?

• Compensation & Payment Terms:

  • Is the total compensation, payment schedule, and method (e.g., 50% upfront, 50% on delivery) explicitly stated?

  • Are the conditions for payment (e.g., upon content approval) clear?

PART 2: PROTECTING YOUR ASSETS – CONTENT & INTELLECTUAL PROPERTY

This section secures the creative work and defines how it can be used.

• Content Approval Process:

  • Does the brand have a defined right to review and approve content before publication?

  • Is there a reasonable timeframe for feedback and revisions?

• Content Ownership & Licensing:

  • CRITICAL: Is ownership of the created content (photos, videos, copy) clearly assigned?

    • Option A: [ ] Brand owns copyright.

    • Option B: [ ] Influencer owns copyright, grants brand a perpetual, worldwide license for specific uses.

  • Are the specific usage rights for the brand detailed (e.g., can they repurpose on website, in ads, for future campaigns)?

  • Does the influencer retain the right to keep the content on their profile/portfolio?

• Exclusivity & Non-Compete:

  • Is there an exclusivity clause? If yes, is its scope (category, duration, geography) reasonable and clearly defined?

  • Does it unreasonably restrict the influencer's ability to work with other brands?

PART 3: MANAGING RISK – LEGAL & PRACTICAL SAFEGUARDS

This section prepares both parties for the unexpected and mitigates potential disputes.

• Representations & Warranties:

  • Does the influencer warrant that their content will be original and not infringe on any third-party rights?

  • Does the brand warrant that its products/services and any provided assets are lawful and accurate?

• Indemnification & Liability:

  • Is there a mutual indemnity clause to protect against third-party claims arising from breaches?

  • Is liability appropriately limited for both parties?

• Termination & Crisis Management:

  • Are the conditions for termination (e.g., breach, force majeure) clearly stated?

  • Is there a "morality clause" or a process for content takedown if the influencer/brand is involved in a serious reputational issue?

  • Are post-termination obligations (e.g., payment for work done, content removal) addressed?

• Miscellaneous (The "Boilerplate" That Matters):

  • Is the governing law and jurisdiction specified?

  • Is there a clear process for giving notices (e.g., email)?

  • Does the entire agreement clause state that the written contract overrides any prior discussions?

NEXT STEPS & HOW LEGALLENS CAN HELP

If you've checked "No" or "Unsure" on any of the items above, your agreement may have gaps that could lead to disputes, wasted budget, or legal risk.

Don't leave your brand partnerships to chance. The experts at LegalLens make this process simple and secure.

• For Brands: We draft and review agreements that protect your investment and ensure compliance.

• For Influencers: We review contracts to safeguard your rights and ensure you're treated fairly.

Get Professional Peace of Mind.
Our influencer agreement services start at just 10% of the campaign value. It's a small investment for lasting protection.

Disclaimer

The information provided in this checklist is for general informational and educational purposes only and does not constitute legal advice. While this guide reflects current regulatory standards as of early 2026, the law in this area is subject to frequent change and differing interpretations. Using this checklist does not create a lawyer–client relationship between you and LegalLens. We strongly recommend that you seek professional legal advice tailored to your specific campaign, jurisdiction, and brand requirements before finalising your influencer agreements.