Agency Influencer Agreement — Represented Talent
For when an influencer marketing agency books a creator who is represented by a talent manager. The agency is the contracting party, pays the fee and gifts, and takes the usage rights it needs to sub-licence to its brand client. The talent manager signs, communicates and gets paid as the creator's agent.
Includes GST. Download instantly as a Word document.
Who this template is for
- •Influencer marketing agencies booking creators who have a talent manager or agent
What it is
A one-off influencer agreement for the common set-up where the creator is represented. The agency, not the brand, engages and pays the creator, provides any gifts, and takes the usage rights over the content to sub-licence to the brand. A proper agency layer is built in, so the talent manager signs on the creator's behalf, is the single point of contact, and receives payment as the creator's agent.
What's inside
- •Talent manager as agent: the manager signs for and on behalf of the creator, is the authorised representative and single point of contact, and the creator is bound as principal.
- •Payment to the manager, done properly: the fee is paid to the manager on the creator's behalf, paying the manager discharges the agency's obligation, and how the manager then accounts to the creator is kept off the agency's plate.
- •Influencer marketing agency as the hiring party: the influencer marketing agency engages the creator, pays the fee, provides gifts, and takes the usage rights it can sub-licence to the brand.
- •Usage rights, disclosure, moral rights: organic vs paid usage split, #ad and paid-partnership disclosure, and moral rights consent.
- •GST, tax withholding, super and talent release: GST / PAYG withholding treatment of the fee, tax handling on gifts, superannuation considerations, and a talent release annexure for anyone else featured.
How easy it is to use
- •Complete Part A as the agency. Prompts guide every field.
- •The talent manager signs as agent — the signature block is built for it.
- •Electronic signing.
Who this is for
- •Influencer marketing agencies booking creators who have a talent manager or agent
Problems it may help you avoid
- •Uncertainty over who the parties to the arrangement are.
- •Communications and approvals going to the creator directly and being missed or disputed.
- •Uncertainty over who is responsible for any PAYG and super contribution obligations where applicable.
- •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:
- where the creator has no manager and contracts directly (use the standard Agency and Influencer Agreement instead);
- 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.