The 2-minute 'Red Flag' Checklist – Is your agency protected?
As an agent, you are the bridge between creative talent and corporate brand requirements. In 2026, that bridge is under more pressure than ever. If your contracts haven't been updated to reflect new UK, US or EU AI laws and debt recovery standards, you are carrying the risk for both parties.
Scan your next Brand–Agency agreement for these five red flags.
1. The 'Back–to–Back' payment gap
The Risk – Agencies are often squeezed by brands who push for 'Net 60' or 'Net 90' terms while talent expects payment immediately upon delivery.
Red Flag – Any clause that requires the agency to pay the creator before the brand has cleared the funds.
The Check – Ensure your talent payouts are 'Contingent on Receipt of Funds'. This protects your agency’s cash flow and ensures you aren't acting as an interest–free bank for multi–million pound brands.
2. The 'Synthetic Likeness' grab
The Risk – With the rise of 'digital twins' in 2026, brands are increasingly trying to sneak AI rights into the 'Usage' section of a standard contract.
Red Flag – Phrases like 'rights to use likeness in any and all media, including derivative technologies now known or hereafter devised'.
The Check – You must explicitly exclude 'Synthetic Media' and 'AI Voice Cloning'. If a brand wants to create an AI version of your talent, that is a separate, high–value licensing deal, not a 'throw–away' clause in a standard campaign.
3. Vicarious liability for 'Online Safety'
The Risk – If your creator uses an illegal AI 'nudification' tool or posts non–consensual synthetic content, the brand will look to the agency for damages.
Red Flag – A lack of a 'Conduct and Warranty' clause from the creator in your representation agreement.
The Check – Under the Data (Use and Access) Act 2025, you need a warranty from your talent that they have not used 'Priority Offence' AI tools. Without this, your agency could be held liable for 'facilitating' illegal content.
4. The 'Non–Circumvention' leak
The Risk – A brand uses your agency to discover a creator, then attempts to book them directly for the follow–up campaign to avoid your 20% commission.
Red Flag – The absence of a 'Non–Circumvention' or 'Exclusivity of Representation' period.
The Check – Your contract should prohibit the brand from working with that specific creator directly for at least 12–24 months after the campaign ends. If they do, a 'Referral Fee' equal to your standard commission must be due.
5. Unlimited 'Approval' loops
The Risk – Vague quality standards that allow brands to demand endless re–shoots without extra pay.
Red Flag – 'Content must be to the Brand’s absolute and sole satisfaction' with no limit on revisions.
The Check – Limit revisions to one round of minor 'tweaks'. Any major re–shoots due to a change in the brand's brief must trigger a 'Re–shoot Fee' (typically 50% of the original fee).
Is your agency carrying the risk for your entire roster?
In the middle of a brand deal, your agency is often the first point of failure if a contract goes wrong. From payment gaps to AI rights, "standard" templates are no longer enough to protect your business in 2026.
At LegalLens, we specialise in tripartite agreements that keep your agency secure and your creators protected. Let us audit your contracts so you can focus on closing deals, not managing disputes.
Disclaimer
The materials appearing on this website do not constitute legal advice and are provided for general information purposes only. No warranty, whether express or implied, is given in relation to such materials. LegalLens shall not be liable for any technical, editorial, typographical, or other errors or omissions within the information provided, nor shall we be responsible for the content of any web images or information linked to this website. Influencer marketing laws and CMA regulations in 2026 are complex; using this checklist does not create a lawyer–client relationship. We strongly recommend seeking professional legal counsel to ensure your specific agreements are fully compliant with current laws.