Influencer Agreement (Marketing Agency and Talent Agency)
A back-to-back agency deal: the brand's marketing agency contracts the creator's talent agency, both in their own names. The brand is named for tagging and usage, but is not a party.
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Add to cartWho this template is for
- •Marketing agencies that source creators through a talent agency to promote their brand client
- •Talent agencies supplying creators to marketing agencies for brand campaigns
- •Either agency wanting a clean back-to-back contract that keeps the brand out of the chain
What it is
A one-off, fee-plus-gifts influencer agreement between two agencies. The brand's marketing agency contracts as principal and engages the talent agency, which supplies the named influencer as principal. The brand is named so the content can tag it and the usage rights are clear, but it is not a party – each agency looks to the other, not the brand, for performance and payment. Built the Social Law Docs way: Part A is a fill-in schedule, Part B holds the plain English terms, and an annexure covers the talent release.
What's inside
- •Two principals, back-to-back: the marketing agency and the talent agency each contract in their own name.
- •The brand, named but not a party: identified for tagging and usage-rights clarity, without joining the contract.
- •The influencer, supplied by the talent agency: named as the influencer to be supplied, not a party.
- •Fee plus gifts, usage split, disclosure and tax: cash and non-cash benefits, organic versus paid usage, #ad disclosure, moral rights consent, GST, tax withholding and super contribution wording.
- •Talent release annexure.
How easy it is to use
- •Complete Part A, including both agency parties, the brand named for tagging and the influencer named as the influencer to be supplied by the talent agency. Prompts guide each field.
- •One template covers the agency-to-agency structure without custom drafting.
- •Electronic signing supported; reuse for every agency-to-agency campaign.
Who this is for
- •Marketing agencies that source creators through a talent agency to promote their brand client
- •Talent agencies supplying creators to marketing agencies for brand campaigns
- •Either agency wanting a clean back-to-back contract that keeps the brand out of the chain
Problems it may help you avoid
- •A talent agency chasing the brand for payment when its contract is with the marketing agency.
- •Confusion over who is responsible for payment of the influencer's fees, super and any tax.
- •Advertising non-disclosure issues.
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.