Creator contracts: the 10 clauses to read before you sign a brand deal

A brand deal is a contract, whether it arrives as a ten-page agreement or a three-line email. Most of the money and most of the problems in creator work come from the terms, not the headline rate. This guide walks through the ten clauses you will see in almost every deal, what each means, and what to push back on. It is general information, not legal advice: for significant deals, have a lawyer in your country review the contract.

First: some places require a written contract

Depending on where you and the brand are, the law may already require key terms in writing:

New York's law requires the written contract to list the parties' names and mailing addresses, an itemised list of services with their value and the rate and method of pay, and the payment date or how it is set. NYC's guidance adds that freelancers can recover double the unpaid amount and that retaliation is illegal. California's Freelance Worker Protection Act applies to "professional services" as defined in its Labor Code, so check whether your work qualifies. Even where no law requires it, insist on writing.

The 10 clauses

1. Deliverables and posting dates

Exactly what you will make: platform, format, length, number of posts, required mentions, links or codes, and the dates for drafts and publishing. Vague deliverables ("social support for the launch") lead to scope creep. Turn every deliverable into a line item. New York's law already expects services to be itemised.

2. Approvals and revisions

How many rounds of feedback the brand gets, how quickly they must respond, and what counts as a revision versus a new brief. Two rounds is a common reasonable limit; charge for more. Add that if the brand doesn't respond by a set date, the content is treated as approved.

3. Usage rights

Whether the brand can reuse your content in its own ads, website, emails or offline, for how long, and in which countries. This is a separate right from the post itself and should be priced separately. See our usage rights guide for pricing.

4. Whitelisting or partnership ads

Whether the brand can run paid ads from your handle through Instagram partnership ads, TikTok Spark Ads or YouTube's partnership tools. Specify the start and end dates and a promise that all ads stop at the end, because platform permissions don't always end running ads automatically.

5. Exclusivity

A promise not to work with competitors. Legally it's a close cousin of a covenant not to compete, which Cornell's Wex describes as a promise not to engage in competing conduct for a specific period. Narrow it: name the competing brands or a tight category, set a short period (30 days is common), and charge for every month you're locked out.

6. Payment terms

The fee, currency, invoice process and due date. Look for the payment period (net-30, net-60), whether any part is paid up front, and what happens if payment is late. California's law also says that once you've started work, a client can't make timely payment depend on you accepting less money or granting more intellectual property rights than agreed. New York has a similar rule on accepting less pay.

7. Kill fee and cancellation

What you're paid if the brand cancels after you've started. Cornell's Wex explains that liquidated damages clauses set an exact amount, or a formula, in advance, and courts won't enforce one that is punitive or unconscionable. A kill fee works the same way: a fixed share of the fee, often scaled to how far the work has progressed. Without one, a cancelled campaign can mean unpaid work.

8. Disclosure

Who is responsible for labelling the content as an ad, and how. US law puts duties on both sides: the FTC's Endorsement Guides say advertisers can be liable for misleading endorsements and for failing to disclose material connections, and that they should guide and monitor their endorsers. The FTC's FAQ puts it bluntly: a company is ultimately responsible for what others do on its behalf. A good contract spells out the label to use. Our disclosure guide covers the rules in the US, UK and India.

9. Content ownership

Who owns what you make. In the US, copyright starts with the creator; a transfer of exclusive rights generally has to be in writing and signed, while a non-exclusive license doesn't. Watch for "work made for hire" or "assignment of all rights" language. Cornell's Wex notes that with a license, the owner keeps ownership of the IP, which is usually what you want. If you're asked to give up ownership entirely, that should cost far more.

10. Termination

How either side can end the agreement, with how much notice, and what's owed when it ends. Check that you're paid for work delivered up to termination, and that termination by the brand without cause triggers the kill fee. Look for a force majeure clause too: Wex describes it as freeing both parties when an extraordinary event prevents performance. Make sure it works both ways.

Also read: indemnity and morality clauses

Indemnity means one party agrees to compensate the other for losses. Wex describes it as a commitment to compensate for any prospective loss or damage. Brand contracts often ask creators to indemnify the brand broadly. Push for it to be mutual and limited to your own breaches, such as using music you didn't license, and capped at the fee.

Morality clauses let a brand end the deal if you do something that damages its reputation. Ask for a clear definition rather than "any conduct the brand dislikes", and for payment for work already delivered.

Before you sign

• Every deliverable listed with a date
• Revision rounds capped, with an approval deadline
• Usage, whitelisting and exclusivity each priced, time-limited and dated
• Payment date, invoicing details and late-payment terms written down
• Kill fee if the brand cancels after work starts
• Disclosure wording agreed
• License, not assignment, unless you're paid for ownership
• Mutual, capped indemnity; clear termination terms

Use the sponsored post rate calculator to price each line, and our negotiation guide to trade terms instead of discounting your rate.

Laws and guidance reflect the sources below as reviewed on 29 October 2026. This guide is general information, not legal advice.