Brand-Deal Contracts: What Creators Should Check First

The deal gets pitched in a DM. The real money — and the real traps — live in the contract nobody reads. By the time a brand sends paperwork, you're excited and ready to sign. That's exactly when to slow down.

A brand-deal contract decides far more than the flat fee. It decides what you can post for the next year, who can run your face in ads, and whether you accidentally signed away your own content. Here's what to check before you sign. (We review these for creators every week through our contracts practice.)

Exclusivity — what does it lock you out of?

The clause that costs creators the most isn't the payment — it's exclusivity. A brand will often ask you not to work with competitors. Fair enough — but read the scope.

"No competing brands" can quietly mean an entire category for months. Sign a 6-month exclusivity with one energy-drink brand and you've just turned down every other energy-drink deal until the new year. Narrow it: specific named competitors, a short window, and only the platform the deal actually covers.

Usage rights — how long can they run your content?

This is the sleeper clause. Usage rights decide how, where, and for how long the brand can use the content you make.

There's a huge difference between "post it on your own page" and "whitelisting" or paid usage — where the brand runs your content as their own paid ads. If they're putting media dollars behind your face, that's worth more, and "in perpetuity, all media, worldwide" is not a phrase you give away for a one-post rate. Cap the term. Cap the channels. Price the usage separately.

Payment terms — get specific

"We'll pay you" is not a payment term. Look for:

• The exact amount and what triggers it (on posting? on approval?)
• When you get paid — net-15, net-30, net-60 are very different to your bank account
• A kill fee if the brand cancels after you've shot the content
• Deliverables defined in writing — "one Reel, one Story, posted by X date" beats "some content"

Vague deliverables are how a one-post deal turns into a week of unpaid reshoots.

FTC disclosure — and who's on the hook

Sponsored content has to be disclosed — #ad, "paid partnership," the real thing, not buried in hashtags. The FTC's endorsement guides put responsibility on you, the creator, not just the brand. A good contract spells out the disclosure expectations so you're not left holding the liability for the brand's compliance.

Who owns the content you create?

Don't assume you keep your own work. Some contracts quietly assign ownership of the content to the brand, or grant a license so broad it's ownership in everything but name. Decide on purpose: are you licensing the brand a right to use the content, or handing it over? Those are different deals at different prices.

When to call ELN

If a contract is in your inbox and the numbers are real, a 30-minute review before you sign is the cheapest insurance you'll buy all year — it's a lot easier to fix a clause than to escape one you already signed.

Start with our contracts practice, or schedule a consultation and we'll read the fine print before you do. Got a brand deal on the table? Comment "DEAL" on any of our social posts and we'll DM the creator-contract checklist.

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