Rights and contracts
Brand Deal Contract Checklist
Quick answer
Before you sign a brand deal contract, check eight things: the parties, the deliverables, the usage rights, ownership, exclusivity, payment, cancellation, and how the agreement ends. If any one of them is vague, ask for it in writing.
Key takeaways
- Read the whole contract, including attachments and the brief, before you sign.
- Most problems come from a few clauses: usage, ownership, exclusivity, payment, and cancellation.
- Ask for changes in writing, and keep the final signed copy.
- Get a lawyer to review large or unusual deals.
How to read a contract
Read the contract from start to finish, including any attached brief or terms. Look for defined terms in quotation marks, such as “Content” or “Term,” and check what they cover. If the contract refers to another document, ask to see it. If something is unclear, ask the brand to explain it in writing.
The basics
- Are the legal names of both parties correct?
- Does it name the campaign, and is the brief attached?
- Is the date correct, and who signs for the brand?
The work
- Are all deliverables listed, with count, length, and format?
- Do the dates for drafts and final files work for you?
- Is there an approval window, and what happens if the brand does not reply?
- How many revision rounds are included, and what counts as a new request?
The money
- Is the total fee stated, and what does it include?
- Is there a deposit or milestone payment?
- Are net terms, the due date, and the invoice trigger written down?
- Is there a late fee, and a right to pause work if payment is late?
- Are expenses covered, and who pays for them?
The rights
- Where can the brand use the content, and for how long?
- Are paid ads, whitelisting, and partnership ads named and priced?
- Who owns the content, and is it a license or an ownership transfer?
- What can the brand do with your face, voice, and likeness, including with AI tools?
- Can the brand pass the rights to another company?
- What happens to the content when the term ends?
Limits on you
- Is there exclusivity, and what are its category, dates, and fee?
- Is there a first-look or right of first refusal clause?
- Are there morality or non-disparagement clauses, and do they apply to both sides?
- Is there a confidentiality or embargo requirement?
If things change
- What happens if the brand cancels, and is there a kill fee?
- What happens if the brand rejects the work?
- How can either side end the agreement, and with how much notice?
- Is there a period to fix a problem before it counts as a breach?
- What are the rules for removing content after it is live?
The legal basics
- Are there indemnification or liability clauses, and are they fair to both sides?
- Which place’s laws apply?
- Does the contract say it is the whole agreement, and are all changes in writing?
Where each clause is explained
| Clause | Question to ask | Where to learn more |
|---|---|---|
| Usage rights | Where, how long, in what form, and what do I get paid? | Usage Rights Explained |
| Ownership | Do I keep ownership, or give it away? | Brand Deal Red Flags and Your Rights |
| Exclusivity | What does it block, for how long, and is it paid? | Exclusivity Clauses Explained |
| Payment | When and how am I paid, and what if it is late? | Net Terms and Late Payments |
| Invoicing | What does the brand need on my invoice? | What Every Creator Invoice Needs |
| Cancellation | What if the brand cancels or rejects my work? | Kill Fees and Cancellations |
| Red flags | Does anything look one-sided or vague? | Brand Deal Red Flags and Your Rights |
| Overall worth | Is the whole deal worth taking? | How to Evaluate a Brand Offer |
What to say when you want changes
I have a few changes to the contract. Can I send them as a redline?
Can we add an end date to the usage terms and name the channels?
Can we add a deposit and a kill fee in case the project changes?
Before I sign, can you confirm in writing what is covered by the fee?
Frequently asked questions
What should I check in a brand deal contract?
Check the parties, deliverables, usage rights, ownership, exclusivity, payment, cancellation, and how the agreement ends.
Can I ask for changes to a contract?
Yes. Brands expect questions and changes. Ask in writing and keep the final signed copy.
Do I need a lawyer to review a brand deal?
Not for every deal. Get one for large amounts, ownership transfers, perpetual rights, broad exclusivity, indemnification, or anything you do not understand.
What if the contract refers to another document?
Ask to see it before you sign. Terms in attached documents can be part of the agreement.
What if the brand wants me to sign quickly?
Take the time you need. Pressure to sign fast is a warning sign.
Is an email agreement enough?
A written contract is safer. If you only have emails, make sure they name the deliverables, usage, payment, and cancellation terms.