11 Important Elements in Contracts for Sponsored Content

Further to the previous post on why you need a contract for bloggers and freelancers. To make sure your rights are covered, you MUST ensure that your contract includes the following:

1. Who are the parties
   • Mention who the parties are, their addresses and the Commercial Registration Number if applicable.
2. Scope of Work
   • Here you need to define the purpose of the contract
   • Mention what is expected from you and the other party. The more specific the better. 
   • You can include what hashtags need to be used and how long the post needs to stay live once posted.
3. Duration of the Relationship 
   • How long will this agreement be for?
4. Revision of Work
   • Many clients would like to review the work produced before it’s published.
   • What are the deadlines for you and the deadlines for the client to respond?
   • Can the client re-write your content?
   • How many revisions will the client make?
   • How long does the client have to approve the draft? 
   • If you are required to redesign or re-shoot etc who will bear the cost?
   • What is the budget for the shoot? Who will make arrangements or manage the logistics? You or the Client?
   • Before you enter into an agreement it is advised that you already agree on the ‘look’ that you want, the theme, the colorscheme, the budget of the shoots and attach all this information to the contract agreement as an appendix.
5. Copyrights
   • Copyright is an automatic right given to the creator of the content (with some exceptions)
   • It is very important to talk about who owns the copyright of the created content. It is very normal for parties to want partial rights to they can use the content on their social media/marketing campaigns.
   • If you think the created content would help generate sales, you should bargain a higher price for this use.
   • If the party is going to repost, will you be mentioned? Will that credit be on the first line or the last line etc. 
   • Can they use the produced content in derivative works such as brochures, magazines, online shopping page etc.

Remember: the more specific you are in a contract the better aware both parties are of what is expected from each other.

Read more on what falls under Copyright here

6. Exclusivity
   • Will you be allowed to work with competitors? If not, for how long? 
   • Exclusive contracts are generally more expensive than non-exclusive contracts.
7. Termination
   •  Can either party terminate this agreement? 
   • How much notice must they give? 
   • Will the brand cover any incurred cost prior to termination?

8. Payment terms
   • How will payment be made? Cash? Cheque? Bank Transfer?
   • When will it be paid? Is there an advance payment?

9. Jurisdiction
   • Each contract must be governed by certain laws in case there is a dispute and it goes to court

10. Confidentiality clause
    • This is a very important clause as it protects both parties’ trade secrets.
    • There can be a time limit on confidentiality clause or they can be indefinite – a breach in this clause can lead to a damages claim.

11. Signatures
    • This is common sense, but both parties need to sign on the same agreement. 
    • You should sign two original contracts and each party holding on to one contract to themselves. 
    • I always recommend initialing your signature on every page of the contract including any appendices in case there is any dispute in the future.

Conclusion

In summary, to avoid any dispute you should be clear with each party on all your terms, clarify all aspects of the contract before you start doing any work and do not rely on verbal arrangements/agreements. 

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