Brand Deal Contract Template
Essential clauses for creator protection
Legal Disclaimer: This is educational information only, not legal advice. Consult a qualified attorney for your specific situation. Contract law varies by jurisdiction.
Why You Need a Written Contract for Every Brand Deal
As a TikTok creator, brand partnerships can be your most lucrative revenue stream - often earning 10-50x more than the Creator Fund. However, without proper legal protection, a promising collaboration can quickly turn into unpaid work, scope creep, or rights disputes.
A well-structured contract protects both you and the brand by clearly defining expectations, deliverables, payment terms, and usage rights. Even if a brand provides their standard agreement, understanding essential contract clauses empowers you to negotiate favorable terms and avoid exploitative deals.
This guide covers the critical elements every creator should include in brand partnership agreements, common red flags to avoid, negotiation strategies, and payment structures that protect your interests while maintaining positive brand relationships.
Essential Contract Clauses Every Creator Needs
Deliverables
Specific content requirements (number of videos, length, format)
Payment Terms
50% upfront, 50% on completion. Total amount and due dates.
Usage Rights
How long brand can use your content (6-12 months recommended)
Exclusivity
Can't work with competitors for X months (charge 20-40% premium)
Revision Limits
Maximum 2-3 revision rounds
Kill Fee
Payment if brand cancels (usually 50% of total)
Detailed Clause Breakdown: What to Include
1. Parties & Effective Date
What to include: Full legal names (or business entities), addresses, and the contract start date. If using a business entity (LLC), ensure contracts are in the business name, not your personal name.
Example: "This Agreement is entered into as of [DATE] between [CREATOR NAME/LLC] ("Creator") with address at [ADDRESS] and [BRAND NAME] ("Brand") with address at [ADDRESS]."
2. Scope of Work & Deliverables
Be extremely specific: Vague language like "social media posts" leads to scope creep. Define exactly what you're creating.
Specify:
- Number of videos (e.g., "Three (3) TikTok videos")
- Video length (e.g., "60-90 seconds each")
- Content format (e.g., "product review," "tutorial," "unboxing")
- Posting schedule (e.g., "one video per week for 3 weeks")
- Platform(s) (e.g., "TikTok only" vs "TikTok + Instagram Reels")
- Caption requirements (e.g., "Include #ad and #BrandName")
- Story/grid posts if applicable
Red Flag: Contracts stating "up to 5 posts" give brands wiggle room to demand maximum deliverables while paying minimum rates. Use exact numbers.
3. Payment Terms
Standard creator payment structure: 50% upfront deposit (before work begins) + 50% upon completion and approval. This protects you from non-payment.
Include:
- Total compensation amount (e.g., "$2,500 USD")
- Payment schedule (50/50 split is industry standard)
- Payment method (wire transfer, PayPal, check, etc.)
- Invoice terms (e.g., "Net 15" = payment due within 15 days)
- Late payment penalties (e.g., "1.5% monthly interest on overdue invoices")
- Who covers transaction fees (typically brand covers)
Good Example:
"Creator will be paid $3,000 total: $1,500 upon contract signing, $1,500 within 15 days of final deliverable approval."
Bad Example:
"Payment upon completion" (no upfront deposit, undefined timeline)
4. Usage Rights & Licensing
This is where creators lose the most money. Your content has value beyond the initial post. Brands want to repurpose your videos for ads, websites, and other marketing. Charge accordingly.
Organic Rights (Standard)
Brand can repost your content on their own social channels. This is typically included in base pricing.
Duration: 6-12 months | Add to base rate: Included
Paid Media Rights (License Fee)
Brand uses your content as paid advertising (Facebook Ads, TikTok Ads, etc.). This should cost 50-100% of your base rate PER PLATFORM, PER YEAR.
Example: $2,000 base rate + $1,500 (75%) for 12-month paid social rights = $3,500 total
Exclusivity (Premium Add-On)
You cannot work with competitors in the same category for a defined period. Charge 20-40% more for exclusivity clauses.
Example: 6-month category exclusivity adds $600 to a $2,000 deal (30% premium)
5. Revision & Approval Process
Unlimited revisions = unlimited unpaid work. Cap revision rounds and define approval timelines to prevent projects from dragging on indefinitely.
Standard terms:
- 2-3 revision rounds maximum
- Brand has 3-5 business days to provide feedback
- Additional revisions cost 15-25% of base rate
- If brand doesn't respond within 7 days, content is deemed approved
- Define what counts as a "revision" (major edits only, not typo fixes)
6. Creative Control & Approval Rights
Balance brand guidelines with your authentic voice. Your audience trusts you - scripted content that doesn't sound like you will underperform.
Negotiate for:
- Right to use your own speaking style and creative approach
- Approval of scripts (not dictation of exact wording)
- Ability to refuse content that doesn't align with your values
- Protection from last-minute major changes
Sample language: "Creator retains creative control over content format, delivery, and tone while incorporating Brand's key messaging points and product features as outlined in brief."
7. Cancellation & Kill Fee
If a brand cancels mid-project, you've already invested time and turned down other opportunities. A kill fee compensates you for this.
Standard kill fee structure:
- Cancellation before work begins: 25% of total fee
- Cancellation after concept/script approved: 50% of total fee
- Cancellation after content created: 75-100% of total fee
- Both parties must provide 48 hours written notice for cancellation
8. Disclosure & FTC Compliance
Both you and the brand are legally required to follow FTC guidelines for sponsored content disclosure. Include this clause to protect yourself from brand requests to hide sponsorship.
Required disclosure practices:
- Use #ad or #sponsored in caption (TikTok requires this)
- Toggle on TikTok's "Branded Content" feature
- Verbal disclosure in video (e.g., "Thanks to [Brand] for sponsoring this video")
- Disclosure must be clear, prominent, and unavoidable
Warning: If a brand asks you to hide the sponsorship relationship, this is illegal under FTC rules. You can face fines up to $43,280 per violation. Always disclose.
9. Performance Guarantees (What to Avoid)
Never guarantee views, engagement, or sales. You control the content quality, not the algorithm. Payment should be for content creation, not algorithmic performance.
Safe language:
"Creator will produce high-quality content aligned with Brand guidelines. Creator makes no guarantees regarding views, engagement rate, or conversion metrics, as these depend on platform algorithms and audience behavior beyond Creator's control."
10. Intellectual Property & Content Ownership
You should retain copyright ownership. Brands get a license to use your content (as defined in usage rights section), but you own the underlying intellectual property.
Standard IP clause:
"Creator retains all intellectual property rights, copyright, and ownership of content. Brand receives a non-exclusive, limited license to use content as specified in Section [Usage Rights] for the agreed-upon duration."
Brand Deal Pricing Guide for TikTok Creators
Understanding how to price your content is crucial. Here's a breakdown of typical rates by follower count and deliverable type:
| Follower Range | Per TikTok Video | 3-Video Package | Rate Multiplier |
|---|---|---|---|
| 10K - 25K | $100 - $250 | $250 - $650 | $10 per 1K followers |
| 25K - 50K | $250 - $500 | $650 - $1,350 | $10 per 1K followers |
| 50K - 100K | $500 - $1,200 | $1,350 - $3,200 | $10-$12 per 1K followers |
| 100K - 250K | $1,200 - $3,000 | $3,200 - $8,000 | $12 per 1K followers |
| 250K - 500K | $3,000 - $6,000 | $8,000 - $16,000 | $12-$15 per 1K followers |
| 500K - 1M | $6,000 - $12,000 | $16,000 - $32,000 | $12-$15 per 1K followers |
| 1M+ | $12,000 - $25,000+ | $32,000 - $65,000+ | $12-$25+ per 1K followers |
Premium Rates (Add 50-100%)
High engagement (8%+), niche audiences (finance, B2B), or exclusive category rights justify premium pricing.
Discounted Rates (Reduce 20-40%)
Low engagement (under 3%), gifted product only (no cash payment), or long-term partnerships with volume discounts.
Payment Structure Options
Flat Fee (Most Common)
You receive a fixed payment regardless of video performance. Best for most creators as it guarantees payment.
Pros: Predictable income, no performance risk
Cons: May miss out on bonus if content performs extremely well
Flat Fee + Performance Bonus
Base payment + bonus if video hits certain metrics (e.g., +$500 if video exceeds 100K views in 7 days).
Pros: Upside potential, brands like shared risk
Cons: Bonus depends on algorithm, not just content quality
Product Gifting Only
No cash payment - you receive free products in exchange for content. Only accept if product value exceeds $300 OR you genuinely want the product.
Pros: Easy to secure, no tax complexity
Cons: No cash flow, brands may not value your work
Affiliate Commission
You earn a percentage (10-30%) of sales generated from your unique link or code. Only viable for highly engaged audiences.
Pros: Unlimited earning potential
Cons: Zero guaranteed income, tracking can be unreliable
Recommended for new creators: Always negotiate for at least a small flat fee ($200-500 minimum) even in affiliate or gifted deals. This ensures you're compensated for your time regardless of external factors.
Major Red Flags in Brand Contracts
❌ No Written Contract
Verbal agreements or DM conversations are not enforceable. If a brand refuses to provide a written contract, walk away.
Risk: No legal recourse if brand doesn't pay or misuses your content
❌ Payment Based on Performance Metrics
"We'll pay you based on engagement" or "payment upon reaching X views" means the brand controls whether you get paid by manipulating what "success" looks like.
Counter: "I charge for content creation, not algorithmic performance. Payment is due upon delivery."
❌ Perpetual or Lifetime Usage Rights
Brands want to use your content forever without additional payment. This severely undervalues your work.
Counter: Limit usage rights to 6-12 months, then renegotiate if brand wants to extend
❌ Unlimited Revisions
This allows brands to request endless changes without additional payment, turning a quick project into weeks of work.
Counter: Cap at 2-3 revision rounds, charge 20% of base rate for additional revisions
❌ Broad Exclusivity Without Premium Pay
"You can't work with any other brands for 6 months" without paying 30-50% more is exploitative. Exclusivity blocks your income - charge accordingly.
Counter: Narrow exclusivity to direct competitors only, limit to 3-6 months, add 30-40% fee
❌ Brand Can Terminate Anytime Without Penalty
Contracts allowing brands to cancel without payment (no kill fee) leave you with zero income after investing time.
Counter: Include kill fee clause (50% minimum if work has begun)
❌ Requirement to Purchase Product Upfront
Legitimate brands send you the product for free. If they ask you to buy it first and "reimburse you later," it's likely a scam.
Red flag: This is a common scam tactic. Never pay out of pocket.
❌ Overly Complex Legal Language
If you can't understand the contract, it may contain hidden clauses that put you at risk (automatic renewals, liability for brand's mistakes, etc.).
Counter: Always have a lawyer review contracts over $2,000 or with complex terms
How to Negotiate Better Brand Deal Terms
1. Always Counter the First Offer
Brands expect negotiation. Their first offer is typically 30-50% below what they're willing to pay. Counter with 20-30% higher than their initial offer.
Example: Brand offers $500 → Counter with $700-750 → Likely settle at $600-650
2. Unbundle Services to Increase Transparency
Instead of one lump sum, break down pricing: $1,500 (base content) + $500 (12-month usage rights) + $300 (6-month exclusivity) = $2,300 total.
This makes it easier to negotiate individual components rather than overall price.
3. Ask for Usage Data Access
If brand wants to use your content in paid ads, request access to performance data. This helps you justify higher rates in future deals.
Add clause: "Brand will provide monthly performance reports for content used in paid advertising."
4. Leverage Multiple Offers
If you have multiple brand opportunities, mention this (tactfully): "I have another offer I'm considering. If you can match [X amount], I'd love to prioritize this partnership."
5. Offer Package Discounts for Volume
If brand wants multiple videos, offer a small discount (10-15% off) for packages: Single video $1,000 → 3-video package $2,700 (10% discount).
This incentivizes larger deals while maintaining healthy margins.
6. Request 50% Upfront for New Brands
For first-time brand partnerships, always require 50% deposit before starting work. This protects you from non-payment and signals professionalism.
7. Don't Be Afraid to Walk Away
If a brand won't meet your minimum rate, has exploitative terms, or disrespects your time, politely decline. Bad deals damage your brand more than no deal.
Response template: "Thank you for the opportunity. Unfortunately, this doesn't align with my rates at this time. I'd love to revisit if your budget increases in the future."
Sample Contract Structure (Simplified)
INFLUENCER MARKETING AGREEMENT
This Agreement made as of [DATE] between:
[CREATOR NAME/LLC] ("Creator")
[BRAND NAME] ("Brand")
1. DELIVERABLES
Creator will produce and publish:
• Three (3) TikTok videos, 60-90 seconds each
• Featuring [PRODUCT NAME] with key messaging per creative brief
• Posted [SCHEDULE] on Creator's TikTok account @[USERNAME]
2. COMPENSATION
Brand will pay Creator $[AMOUNT] USD total:
• $[50% AMOUNT] due upon contract signing
• $[50% AMOUNT] due within 15 days of final content approval
3. USAGE RIGHTS
Brand receives non-exclusive license to:
• Repost content on Brand's organic social channels for 12 months
• [OPTIONAL: Use in paid advertising for 12 months (+$[AMOUNT])]
Creator retains all copyright and IP ownership.
4. REVISIONS
Up to two (2) rounds of revisions included. Additional revisions: $[AMOUNT] each.
5. EXCLUSIVITY
[IF APPLICABLE: Creator agrees not to promote competing [CATEGORY] brands for [X] months.]
6. CANCELLATION
Kill fee if Brand cancels: [50% after work begins, 100% after content delivered]
________________________
Creator Signature / Date
________________________
Brand Representative / Date
Note: This is a simplified example for educational purposes. Actual contracts should be more comprehensive and reviewed by legal counsel.
Tools & Resources for Contract Management
Contract Templates
Use platforms like Honeybook, Dubsado, or Bonsai for professional contract templates designed for creators. Cost: $16-40/month.
E-Signature Solutions
DocuSign, HelloSign, or Adobe Sign for legally binding electronic signatures. Free tiers available for occasional use.
Invoicing Software
Wave (free), FreshBooks, or QuickBooks for professional invoicing with payment tracking and automated reminders.
Legal Review
For contracts over $5,000 or complex terms, invest in legal review ($200-500). LegalZoom or local entertainment lawyers specializing in influencer marketing.
Frequently Asked Questions
Do I need a business entity (LLC) for brand deals?
Not required, but recommended once you're earning $10K+/year from brand deals. An LLC provides liability protection and tax benefits. Cost: $50-500 depending on state. Consult a CPA and attorney for your specific situation.
Should I accept gifted products instead of payment?
Only if: (1) Product value exceeds $300, (2) You genuinely need/want the product, or (3) The brand is prestigious and builds your portfolio. Otherwise, always negotiate for cash payment. Your time and influence have monetary value.
What if a brand refuses to negotiate or provide a written contract?
Walk away. Legitimate brands understand the importance of written agreements. If they won't put terms in writing, they're not planning to honor them. This is a major red flag indicating potential non-payment or exploitation.
How do I handle taxes on brand deal income?
In the US, brand deal income is self-employment income. Set aside 25-30% for taxes, track all expenses (equipment, props, software), and file quarterly estimated taxes if earning over $1,000/year. Consult a CPA familiar with creator tax situations. Consider using Bench or Keeper Tax for bookkeeping.
What if a brand doesn't pay on time?
Send a friendly reminder email on the due date. If no response in 7 days, send formal notice referencing the contract's late payment clause. If still no payment after 14 days past due, consult a lawyer about small claims court (for amounts under $5K-10K depending on state) or collection agency.
Can I reuse content from a brand deal?
Depends on your contract's usage rights section. If you retained copyright and only licensed content to the brand for specific uses, you can typically keep the video live and reference it in your portfolio. However, creating similar content for a competing brand during an exclusivity period would violate most contracts. Always check your specific agreement.
How long should usage rights last?
Industry standard is 6-12 months for organic usage rights, 12 months for paid advertising rights. Longer durations (24+ months or perpetual) should cost significantly more (50-100% premium). Never agree to perpetual rights at standard rates - your content continues providing value to the brand long after the initial campaign.
Related Resources
Legal Disclaimer
The information provided on this page is for educational purposes only and does not constitute legal advice. Contract law, intellectual property rights, and tax regulations vary significantly by jurisdiction and individual circumstances.
For contracts involving significant sums (typically $5,000+), complex usage rights, exclusivity clauses, or unfamiliar terms, we strongly recommend consulting with a qualified attorney specializing in influencer marketing, entertainment law, or intellectual property. The cost of legal review ($200-800) is a worthwhile investment to protect potentially thousands of dollars in earnings.
Tax obligations for self-employment income vary by country, state, and individual tax situation. Consult with a certified public accountant (CPA) or tax professional familiar with creator economy taxation to ensure compliance and maximize deductions.
This resource is independent and not affiliated with, endorsed by, or sponsored by TikTok, ByteDance, or any brand partnership platforms. Contract templates and sample language should be customized to your specific situation and reviewed by legal counsel before use.