Terms and conditions for an influencer marketing agency

An influencer agency sits between a brand that wants certainty and creators who are not employees, on platforms with rules about disclosure that the brand will be blamed for breaking. The terms have to define what the agency delivers and what the creators do, deal with usage rights in content the brand did not make, pass creator fees through cleanly, and say what results are and are not promised. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Influencer, creator and talent marketing agencies in England and Wales sourcing and managing creators for brand campaigns, working for business clients on campaigns and retainers. These are the agency's client-facing terms; the agency's contracts with creators are a separate document.

What matters in influencer agency terms

What the agency delivers and what the creators do

The terms should separate the agency's services (strategy, sourcing, briefing, management, reporting) from the creators' deliverables (posts, stories, videos), and should say that creators are independent parties engaged under their own contracts, that the agency procures their performance rather than guarantees it, that an agency finding work for creators is an employment agency under the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003, and that a creator who posts late, deviates from the brief or drops out is dealt with through replacement or a fee adjustment, not damages against the agency.

Disclosure, platform rules and the brand's claims

Paid content must be disclosed as advertising, because paragraph 12 of Schedule 20 to the Digital Markets, Competition and Consumers Act 2024 bans promoting a product in editorial content without making the payment clear, and the terms should make disclosure a requirement of every creator brief and say that the agency briefs creators to comply with the advertising rules and the platforms' rules, while the client remains responsible for the accuracy of claims about its products and for any regulated product rules. Under Part 4 of the same Act misleading practices towards consumers are directly enforceable by the Competition and Markets Authority, and the client's own compliance is its own responsibility.

Usage rights in creator content

Under the Copyright, Designs and Patents Act 1988 the creator owns the content they make unless they assign it. The terms should state what usage rights the client receives (organic posting by the creator, paid amplification, use on the client's own channels, use in advertising), for how long and where, and that use beyond those rights is chargeable and needs the creator's agreement, which the agency obtains. A brand that reuses a creator's video in a television advert has used rights it did not acquire unless the terms said so.

Fees, creator payments and third-party costs

The terms should state the agency fee, whether creator fees are paid by the client through the agency or directly, that creator fees are pass-through costs invoiced in advance and non-refundable once a creator is contracted, and that paid amplification, production and gifting are separate. Late payment carries interest and fixed compensation under the Late Payment of Commercial Debts (Interest) Act 1998, and the agency should have the right to pause a campaign where invoices are overdue.

Results, liability, data and exit

Reach, engagement and sales are not guaranteed; the terms should say so and describe the reporting the client will receive. Liability should be capped at a figure matching the agency's insurance, with consequential loss excluded, tested for reasonableness under the Unfair Contract Terms Act 1977. Where the agency handles customer data for the client it is a processor under the UK GDPR and the Data Protection Act 2018. On termination, campaigns in progress are completed or wound down at the client's cost, and creator contracts already signed are honoured.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

A creator we booked for a client posted a day late and the client wants a discount. Do they get one?

If the terms say creators are independent, that the agency procures rather than guarantees their performance, and that late or non-performance is addressed by replacement or an adjustment to the creator's fee, the client's remedy is what the terms provide, not a discount on the agency fee. Say it in the terms and in the campaign plan.

The client put a creator's video in a paid ad without asking. Who is exposed?

The client, if the usage rights in the terms did not include paid advertising, because the creator owns the content. The agency should have the right to charge for the extended use and to obtain the creator's agreement, and the terms should say that unlicensed use is the client's responsibility.

Are creator fees refundable if the client cancels the campaign?

The terms should say that creator fees are non-refundable once the creator is contracted, and that the client bears cancellation costs under the creator contracts. That is why they are paid in advance.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a social media agency

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.