No kill fee
CriticalIf a brand cancels a campaign after you've started production — written the script, filmed the content, done the edit — a contract without a kill fee means you get nothing. This happens more than creators expect. Brands change budgets, campaigns get paused, and without a kill fee you absorb the entire cost.
Add a kill fee clause: 25–50% of the agreed fee if cancelled within 7 days of production start; 100% if cancelled after delivery.
Broad category exclusivity
Critical"You agree not to work with any competitor for the duration of this agreement." The problem is how 'competitor' is defined. A VPN deal that defines competitors as "any software or technology brand" could block a huge portion of your potential sponsorships. The broader the category, the more revenue you're giving up.
Counter with 'direct competitors only' or name specific brands explicitly. If they insist on broad exclusivity, the rate needs to increase proportionally.
Perpetual usage rights
CriticalPerpetual usage rights mean the brand can use your content forever — in ads, on their website, in their marketing materials — without any additional payment. This is a very different thing from a single-post sponsorship. Many creators sign these without realising what they've agreed to.
Counter with a 12-month licence for specified uses. If perpetual rights are non-negotiable, price them explicitly — they're worth 50–100%+ of the base rate.
Payment terms of Net 60 or longer
HighNet 60 or Net 90 payment terms mean you're providing 60–90 days of free credit to the brand after delivering the content. For creators managing cash flow across multiple deals, this creates real problems. It also makes late payment harder to enforce — if the terms are Net 90, you can't chase until 90 days have passed.
Counter to Net 30. If they won't move, add statutory interest provisions for late payment. In the UK, you're legally entitled to this under the Late Payment of Commercial Debts Act.
Unlimited revision rounds
HighA contract that allows the brand to request unlimited revisions before approving content effectively gives them the ability to delay your payment indefinitely. It also signals that the brief may be unclear, which tends to lead to difficult content approval processes.
Cap revisions at 2 rounds. Anything beyond that is billed at an agreed hourly or day rate.
Whitelisting without additional compensation
HighWhitelisting means the brand can run paid advertising from your social account using your content. This is a distinct service with real value — it gives them your audience targeting, your credibility, and your handle. Many brands include whitelisting in standard contracts without pricing it separately.
Treat whitelisting as an add-on: +25–50% of base rate, time-limited (3–6 months), and for specified ad types only.
Vague deliverables
High"One sponsored post" with no platform, format, length, or timing specified is an invitation for scope creep. Brands sometimes use vague deliverables intentionally — once you've agreed to 'a post', it's much harder to push back on specific requirements.
Define every deliverable exactly: platform, format (Reel vs Story vs in-feed), minimum length, number of posts, go-live window.
Broad morality / brand safety clause
MediumClauses that allow the brand to terminate the contract if you do anything they consider reputationally damaging can be written very broadly. A clause that gives a brand discretion to cancel without pay based on their subjective judgment is risky — especially for creators who make opinionated content.
Counter with specific, objective criteria rather than subjective brand judgment. Criminal conviction clauses are standard. "Content we find inappropriate" is not.
No content approval timeline
MediumIf the contract doesn't specify how long the brand has to approve your content, they can sit on it indefinitely. This delays your go-live date, which delays your invoice, which delays payment. If you miss a campaign window because of slow approval, that's your problem if there's no timeline in the contract.
Add: "Brand will provide approval or revision requests within 5 business days of content submission. Failure to respond is deemed approval."
Content ownership ambiguity
MediumMost contracts should clearly state that you retain ownership of the content and are granting a licence to the brand. Some contracts are written as an assignment of intellectual property — meaning the brand owns the content outright. These are very different things.
Ensure the contract says you retain IP and are granting a limited licence, not assigning rights.
Exclusivity starts before the contract is signed
MediumSome contracts include a clause where exclusivity begins from the campaign brief date or the date of initial agreement — not the date of signing. If you were already in discussions with a competing brand, this could retroactively put you in breach.
Ensure exclusivity starts from the contract signing date only.
Non-disparagement clause that covers the brand's competitors
LowStandard non-disparagement clauses prevent you from publicly criticising the brand. Less standard — but occasionally present — are clauses that prevent you from making positive content about competitors. These are rarely enforceable but worth removing.
Remove or narrow to: "Creator will not publicly disparage Brand during the exclusivity period."
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