Agency as principal, brand-to-agency

Influencer Agreement (Influencer's Agency as Principal)

For when an influencer's agency signs the deal in its own name and stands behind the work. The agency supplies the influencer, and is responsible for delivery and payment.

$650 AUD

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Drafted for Australian law
Plain English terms
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Who this template is for

  • Talent agencies who contract with brands in their own name to supply influencers contracted to the agency to perform influencer marketing services for the brand
  • Brands contracting with talent agencies who supply the influencers for brand campaigns

What it is

A brand-to-agency influencer agreement for a one-off post for a fee plus gifts, where the influencer's agency is the principal. The agency contracts in its own name, supplies a named influencer, delivers the content, and is responsible to the brand for performance and for paying the influencer. The brand deals with one party, the agency, and takes a clean usage licence over the content. Built the Social Law Docs way: Part A is a fill-in schedule for the campaign details, Part B holds the plain English terms, and an annexure covers the talent release.

What's inside

  • Agency as principal: the agency contracts in its own name, supplies the named influencer, and stays responsible for performance and payment.
  • The influencer, identified but not a party: named and released, but the brand's counterparty is the agency.
  • Fee plus gifts: covers cash, gifted product or both, with invoicing and late-payment wording.
  • Usage rights that split organic from paid: separate usage periods for organic use versus paid ads and boosting.
  • Disclosure, moral rights, tax and super: #ad disclosure, moral rights consent so content can be edited, GST handling, plus tax withholding and super contributions wording for when required.
  • Talent release annexure: a signed release for the influencer and anyone else featured.

How easy it is to use

  • Fill in the shaded Part A fields, including the agency and the influencer it supplies. Prompts guide each field.
  • No legal drafting required. Part B stays the same; you only complete the campaign details.
  • Supports electronic signing and signing in counterparts. Reusable for your next agency-run campaign.

Who this is for

  • Talent agencies who contract with brands in their own name to supply influencers contracted to the agency to perform influencer marketing services for the brand
  • Brands contracting with talent agencies who supply the influencers for brand campaigns

Problems it may help you avoid

  • Confusion over whether the brand contracts with the agency or the individual creator.
  • A brand chasing an individual creator for delivery when the agency is the responsible party.
  • Arguments over whether the brand can run the post as a paid ad, and for how long.
  • Disclosure breaches under the AANA Code and the ACL from insufficient ad disclosure.
  • Confusion over who must attend to any tax withholdings and super contributions for the influencer.

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 Co

Important: 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.