Agency and Influencer Agreement
For when an agency engages the creator directly. The agency is the contracting party, pays the fee and gifts, and takes the usage rights it needs to service its brand client.
Includes GST. Download instantly as a Word document.
Add to cartWho this template is for
- •Marketing and creative agencies that contract creators in their own name
- •Agencies running a client campaign who engage the influencer directly rather than introducing them to the brand
- •Creators being booked by an agency for a one-off fee-plus-gifts post
What it is
A one-off influencer agreement where the agency, not the brand, is the party engaging and paying the creator. The agency pays the fee and provides any gifts, and takes the usage rights over the content. It suits the common set-up where an agency sits between the brand and the creator.
What's inside
- •Agency as the hiring party: the agency engages the creator, pays the fee, provides gifts, and receives the usage rights.
- •Late payment and non-delivery wording: what happens if the agency pays the fee late or fails to provide the promised gifts.
- •Usage rights, disclosure, moral rights: organic vs paid usage split, #ad and paid-partnership disclosure, and moral rights consent.
- •GST, tax, super and talent release: GST / PAYG withholding treatment of the fee, tax handling on gifts, superannuation considerations and a talent release annexure.
How easy it is to use
- •Complete Part A as the agency. Prompts guide every field.
- •Electronic signing and reuse across your roster of creators.
Who this is for
- •Marketing and creative agencies that contract creators in their own name
- •Agencies running a client campaign who engage the influencer directly rather than introducing them to the brand
- •Creators being booked by an agency for a one-off fee-plus-gifts post
Problems it may help you avoid
- •Ambiguity over whether the agency or the brand is actually the contracting party.
- •The agency taking on obligations without securing the usage rights it needs to deliver to its client.
- •Disputes over late fees or undelivered gifted product.
- •Disclosure and usage gaps that expose the agency and its client.
Check it fits before you buy
Templates are general documents, not tailored to your situation. Read the description above and make sure this template matches your intended use before you purchase. If it is not the right fit, it may not do what you need.
When not to use this template
This template should not be used:
- with legal employees (it's made with independent contractors in mind);
- when advertising regulated products or services (refer to other templates built specifically for that purpose);
- when children will be featured in the content (refer to other templates built with kidfluencers in mind);
- if your plans don't match the description – look for a better option on the website or contact Social Law Co. for a bespoke document.
Why this template
These templates are drafted by Social Law Co, the affiliated Australian law firm that is a member of the AiMCO Industry Advisory Council – the body that helps set influencer marketing best-practice standards in Australia. They help write the standards, not just follow them.
Want advice or changes to the terms?
Social Law Docs sells templates only and cannot give you legal advice. If you want advice on whether this template suits your campaign, or you want the terms reviewed or edited for a specific campaign, that is legal work.
Social Law Co is the affiliated Australian law firm. They can advise on the terms or draft changes for you. Additional fees apply and Social Law Co acts under its own terms of engagement.
Contact Social Law CoImportant: no legal advice
Social Law Docs is not a law firm and does not provide legal advice. We sell document templates only.
Buying a template does not create a lawyer and client relationship with Social Law Docs or with Social Law Co.
Every template is general in nature. It has been prepared with Australian law and industry best practice in mind, but it has not been prepared for your specific circumstances, and laws and industry codes change.
You are responsible for deciding whether a template is right for your situation and for completing it correctly. If you are unsure, get legal advice before you sign.
Social Law Docs is affiliated with Social Law Co, an Australian law firm, but the two are separate legal entities. Legal advice and custom drafting are provided by Social Law Co under its own terms of engagement.