How do you handle disputes or breaches of contract with influencers?

Contracts are essential but also can make or break a relationship. As influencer marketing is all about building a relationship with and utilizing the unique skills of the creator it’s essential to ensure you allow room within the agreement for them to produce content as per their style, voice etc… and not pigeonhole them into producing something you would’ve done internally, thereby losing the unique value they are bringing.

Well a No fancy answer is that — lots of efforts must go towards Dispute Avoidance, however you avoid. At this stage Influencers are Key Stakeholders along with Contract & Legal team. And the “Dispute” regardless, if deems unavoidable — suggest that parties have decided to maintain their “status-quo” & therefore it’s prudent to follow ADR (Alternative Dispute Resolution) & gear-up actions for a winning Case.

Contracts are important, but they should not exceed three pages because lengthy contracts tend to go unread. Influencer marketing involves developing relationships with influencers, and it is crucial to avoid giving them the impression that you are overly strict or lack trust in their creativity. Including an excessive number of terms, conditions, and rules in a contract can also undermine authenticity. While contracts are important, it is advisable to keep them limited to two or three pages, focusing only on the essential details and clauses.

I consistently ensure that parties comprehensively grasp each clause of the contract before finalizing the deal. It is preferable to abstain from entering into an agreement or contract unless there is absolute clarity on all aspects. Ambiguities in contracts often lead to conflicts during execution, emphasizing the importance of designing a contract that comprehensively addresses all potential circumstances. However, if there is still an unexpected issue arises, it should be dealt professionally.

Influencers are people just like you so they should be treated with respect. Even when influencers may be at fault, it is important to try to understand where things went wrong and to approach them in a respectful manner, especially when you are representing a brand. In most cases, it is best to handle these issues over a video call or over the phone, as this allows for a more personal and productive conversation (in my experience). Emails can often be misinterpreted. Try to find a solution that works for both sides, but in some cases, it might be better to walk away and chalk it up as a learning experience.

Well, like any Agreement—the impacted party must Notify the breaching party with evidences to establish a Breach event. If the said Breach is remedied—Fine; but if contended then Parties need to mutually discuss & conciliate the way forward. Failing which - Dispute Resolution provision shall be invoked, provided the Agreement has one. Frankly it doesn’t matter—Influencer or Not. Contractual Obligations & Rights are Sacrosanct & therefore respective Damages/Liabilities ensue to securing the interests of the impacted Party.

As an influencer with half a million subscribers, and someone who's managed many large creators in the millions, I've seen firsthand the lengthy contracts that brands used to send to us. In order to avoid breaches, make the contracts shorter!!! I would never sign a contract that had more than 5 pages, and would always make sure the payment terms were very, very, clear. I've had dozens of brands try to back out of paying the influencers due to "underperforming ads", which was a breach on their end! Sadly, I've seen influencers threaten brands to expose them to their huge fanbase for not paying them, and this threat to receive their payment seems to work 100% of the time.

I totally agree with the above comment. For one campaign, my team brought on a mix of in-house talent, agency partner talent and self-managed creators. 99.99% of the talent had no issues… but that one person did. They were managed by an agency I had worked with before, and the creator decided to post without approval. In the contract is explicitly mentioned posting without approval will result in remedy or a complete loss of payment. Following that post being found, we informed them they could do the following: 1) take it down 2) reshoot a new video 3) Still be compensated -or- 1) lose payment Agent apologized and shot a new video. —— Our clear and concise terms saved us both financially and from a point of logic/reason.

IMO: * Analyse the Breach/Dispute thoroughly with plain reading of Contract - (See where we stand) * Try interpreting the Contract to your benefit * Present the right stats and make a humble submission of ur case with proper justifications. * And do consider the Influencer’s view - Don’t completely disagree to Influencers view - Balance the situation If it works, good for both. Else, may look for ADR