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Rechtsanwalt Marian Härtel - ITMediaLaw

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      • Focus on start-ups
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      • AI and SaaS
      • Streamers and influencers
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    • Contract review and preparation
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    • Advice in e-commerce
    • DLT and Blockchain consulting
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    • Outsourcing – for companies or law firms
    • Booking as speaker
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Rechtsanwalt Marian Härtel - ITMediaLaw

With trust in success: Why influencer contracts are so important

9. December 2022
in Law on the Internet, Other
Reading Time: 19 mins read
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Key Facts
  • Influencer contracts regulate the relationship between the influencer and the company and define the expectations of both sides.
  • An influencer contract protects both parties in the event of non-compliance and reduces legal risks.
  • Companies can measure and analyze the success of their campaigns with clear goals and indicators.
  • Trust is key to ensuring a long-term and successful partnership between influencers and companies.
  • Open communication between influencers and companies helps to avoid misunderstandings and frustration.
  • Choosing the right influencers is crucial in order to make the most of individual strengths.
  • Experience in dealing with contracts enables better support and leads to successful cooperation.

You’re an up-and-coming influencer with a rapidly growing fan base. You’ve been approached by brands that want to work with you, but you’re not sure how to approach these relationships. What should you do? The solution: Influencer contracts. In this article, influencers as well as agencies and advertisers will learn why influencer contracts are so important and what you need to know before signing one. By the end of this article, you will know: – why influencer contracts are important – what should be included in an influencer contract – how to protect yourself with an influencer contract.

Content Hide
1. Why influencer contracts are so important
1.1. What is an influencer contract?
1.2. How can companies benefit from working with influencers?
1.3. Are there risks for both sides?
2. Conclusion: With confidence in success
2.1. Why is it central that companies and influencers work together in trust?
2.2. The importance of entering into fair business deals

Why influencer contracts are so important

Influencer contracts are important because they govern the relationship between the influencer and the company. They specify what the influencer will (or should) do, and give the company control over what is done. Without a contract, it’s much easier for the influencer to not deliver on their promises, or they could try to get more money out of the company. A contract also gives the company the option of taking legal action if the influencer does not keep his or her promises. So it’s important for companies to regulate their relationship with influencers through contracts. These contracts should define exactly what the influencer will do, and the company should have control over what is done.

What is an influencer contract?

An influencer contract is a contract between a company and an influencer. It regulates the rights and obligations of both parties. An influencer contract is important because it governs certain aspects that are not always considered in other arrangements. For example, certain compensation modalities can be defined, or the amount of attention the influencer devotes to the company. Of course, for an influencer contract to work, it has to be well drafted. This is the only way to ensure that both parties know and comply with their rights and obligations.

How can companies benefit from working with influencers?

Influencer contracts are important because they help minimize the risk companies take when hiring influencers. They set out the expectations of the parties involved and provide clarity on what will happen in the event of a conflict. Influencer contracts can also help companies measure the success of their campaigns. By setting clear goals and performance indicators in a contract, companies can accurately determine whether or not a campaign has been successful. However, when choosing their influencers, companies should also keep in mind that not all influencers are the same. There are different types of influencers, with different strengths and weaknesses. Therefore, it is important to choose the right influencers for the particular campaign. Overall, companies can benefit from working with influencers by helping them achieve their goals.

Are there risks for both sides?

It’s important that both influencers and brands know and understand the risks of an influencer contract. Some of the most common risks that both sides may encounter are:

1. wrong expectations: both parties must agree on their expectations of the contract. If one party misinforms or has exaggerated expectations, it can lead to misunderstanding or frustration.

2. communication problems: If there is no clear communication between the two parties, this can lead to problems. For example, the influencer may not be informed about the latest products or campaigns, which can lead to dissatisfaction.

3. non-compliance with the terms of the contract: Both parties must adhere to and attempt to comply with certain terms and conditions. This is particularly important, as both sides may otherwise suffer financial losses.

4. failure to meet deadlines: if an influencer fails to deliver a campaign by a certain date, this can have a bad impact on the image of the influencer and the brand and lead to reputational damage for both parties. The key to success, therefore, is to thoroughly understand the risks and weigh them before entering into a contract with the appropriate partner. This is the only way to guarantee investment and success for both sides in the end.

Conclusion: With confidence in success

Why is it central that companies and influencers work together in trust?

Many companies have realized in recent years that they can benefit from working with influencers. These partnerships provide increased awareness and can positively impact the brand. However, it is not always easy to make the right decision. There are many factors that need to be considered before signing a contract. One of the most important aspects of partnering with an influencer is trust. Companies need to be confident that their partner will deliver high-quality content and deliver on its promises. If this trust is missing, the partnership can be doomed to failure. Another important aspect is consistency. The influencer’s content should always be up to date and pertinent to the topics the company represents. Again, if this is not the case, the collaboration can be negatively impacted and in the worst case scenario, it ends in a breach.

The importance of entering into fair business deals

The crucial thing is that companies and influencers build a relationship of trust. This trust is the key to successful cooperation. Without it, cooperation will not work. It is therefore essential that both sides trust each other and talk openly about their expectations and ideas. Both sides need to understand what the other expects from the collaboration.

Trust-based partnerships are important to companies primarily because they allow them to have more control over campaign results. A company knows exactly what content is being published by its influencers, which means it has more control over the quality of the campaign. It can also provide feedback at any time and ensure that the campaign is meeting expectations.

Trust-based partnerships also make it easier for companies to work with influencers and try out new ideas. When companies work with influencers in such a way, they can find innovative ways to achieve their goals and attract new groups of customers. They can also react quickly to change in the industry and leverage trends to achieve successful campaign results.

Therefore, it is essential that both sides have open communication and enter into contracts that recognize and protect both sides’ expectations. In this way, companies can derive the maximum benefit from the collaboration and increase their sales figures. Of course, experience in creating influencer contracts and managing influencers helps here. I have been able to offer this for many years!

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: AgenturenFeeInfluencerInvestmentVerträge

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  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
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    • Podcast format
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