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Digital Influencer Contract Checklist

Pre-contractual Considerations

Identify the parties involved in the contract (Influencer and Law Firm)

Determine the influencer's legal capacity and age

Verify the influencer's authenticity and credibility

Assess the influencer's online presence and engagement

Evaluate the influencer's content and alignment with the law firm's values

Scope of Work

Clearly define the services the influencer will provide

Specify the deliverables and expected timelines

Outline any exclusivity or non-compete clauses

Compensation and Payment

Agreed-upon payment structure (e.g., flat fee, commission, royalties)

Specify payment terms, including due dates and methods

Determine any additional expenses or reimbursements

Intellectual Property Rights

Identify who owns the intellectual property rights to the influencer's content

Determine whether the influencer grants the law firm a license to use their content

Specify any restrictions on the use or reproduction of the influencer's content

Confidentiality and Non-Disclosure

Include provisions to protect confidential information shared between the parties

Specify restrictions on the influencer's disclosure of sensitive information

Determine the consequences of breaching confidentiality

Term and Termination

Establish the contract's duration and any renewal or termination clauses

Define the conditions under which either party can terminate the agreement

Outline the notice period required for termination

FTC Disclosure Requirements

Ensure compliance with Federal Trade Commission (FTC) guidelines on influencer marketing

Include clear disclosure language for sponsored content and endorsements

Educate the influencer on their legal obligations for disclosure

Compliance with Advertising Standards

Verify compliance with relevant advertising and marketing regulations

Ensure the influencer's content adheres to ethical standards and avoids false advertising

Review any disclaimers or disclosures required by law

Indemnification and Liability

Establish provisions for indemnification in case of legal claims or damages

Determine liability limits and responsibilities for both parties

Clarify the influencer's responsibility for any third-party claims related to their content

Dispute Resolution

Determine the preferred method of resolving conflicts or disputes (e.g., mediation, arbitration)

Specify the jurisdiction and governing law that will apply in case of legal proceedings

Include clauses for negotiation and good-faith efforts to resolve issues before litigation

Force Majeure

Include provisions for unexpected events that may prevent the influencer from fulfilling their obligations

Determine the consequences and remedies in case of force majeure events (e.g., natural disasters, pandemics)

Severability

Include a clause stating that if any provision of the contract is deemed unenforceable, the remainder of the contract remains valid

Ensure that the contract can still be upheld even if certain provisions are found to be unenforceable

Entire Agreement

Add a clause stating that the contract represents the entire agreement between the parties

Clarify that any prior understandings or agreements not included in the contract are invalid

Amendments and Waivers

Outline the process for making amendments or modifications to the contract

Specify that any waiver of rights or provisions must be in writing and signed by both parties

This checklist is not exhaustive and may vary based on specific circumstances and legal requirements. It is always advisable to consult with legal professionals when drafting or reviewing contracts.

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