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Influencer's Guide to Talent Agency Agreements
Episode 232nd January 2024 • The Business Of Influence • Karan White
00:00:00 00:16:40

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Congratulations. You have just been offered representation by an influencer management agency. You've been given a contract to sign and in [00:01:00] your excitement, you might want to sign and return that agreement before checking what it actually means. If properly prepared, this agency management agreement will be a legally binding contract.

This means that it's really important for you to take the time to read over the terms and conditions and fully understand your obligations. as well as the agency's obligations before signing. In today's episode, I'm going to cover off the essential aspects of talent agency contract. You need to think about things like whether the contract is exclusive or non exclusive, the services offered, the territory, The term fees and other general conditions.

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And I can't recall one single agreement that didn't require amendments to protect the rights of the talent. This episode is part of a series on supporting you to learn about the Influencer Talent Agency Relationship. Episodes 19, 20 and 21 are part of the series. series and recommended listening for you.

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Let's get started by just setting the foundations of what is a talent agency agreement. I mentioned that these agreements can be legally binding, they should be legally binding if properly prepared, and these agreements establish that professional relationship between you and the talent agency. The agreement will outline the terms and conditions regarding the representation, the services provided by the agency, how you're going to be paid, what fees you're going to pay the agency, also things like the duration, the term of the agreement, and there's always other fine print in these agreements. It's important to understand that these agreements shouldn't be just standard forms, [00:04:00] and they should be tailored to suit your unique needs, as well as the needs of the agency.

The format of the agreements will vary significantly and it would be really unusual for any agency to have the same agreement as another. As we work through the different sections of an agreement, be mindful that these sections won't appear in order on all agreements, or perhaps not at all. If a section I've referred to is missing from the agreement that you've been presented by the agency, you should discuss this with them.

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The date is important as typically this will be the start of the term, the start of the time that you begin working with the agency. So you really want to have that date correct. Now, I've just mentioned the term. The term is the duration for which the agreement is valid. Generally, when starting with an agency, this term will be 12 months and the term section of the agreement might have sections within it, and it might have the start date or commencement date and [00:06:00] initial term.

So this is when the agreement begins. and it's commonly referred to as the initial term. It might have a termination or renewal section in that term and it might have a notice for non continuation, that is cancellation of the term of the agreement. In short, the term defines the period during which the contract is active and outlines the conditions for its renewal and termination.

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It might also include PR and media representation, career management and development, financial management, marketing and legal support in relation to contracts and intellectual property. So it's quite, can be quite expansive, this section. For you, the services you might be required to provide would typically include content creation, brand representation, engagement, and interaction.

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Plus there can be other warranties around the agency and your requirement to provide services to a particular standard. This services section may also set out if you are providing your services on an exclusive or non exclusive basis to the agency. Listening to episode 20. Exclusive versus non exclusive talent agreements.

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In relation to fees, carefully check your entire agreement to understand what fees the agency will be charging you. These fees could include commission, retainer, Marketing, booking, cancellation and or administration fees, plus there might be some third party expenses. We've covered fees off comprehensively in episode 21. What fees to expect from your influencer management agency. I want you to look for a section on intellectual property in your agreement. Pay particular attention to this section of the contract, making sure that you [00:10:00] retain all ownership rights to the content you create.

Sometimes under this clause, the agency will. impose the transfer of ownership of your intellectual property to them, or they may request that you provide them with a license to use your content in certain ways. This clause needs to be carefully reviewed to ensure your rights and your income earning potential aren't reduced.

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It might include that you're required to accept all reasonable directions and requirements from the agency. It might require you to provide particular information. It may require you to refer any inbound inquiries that you receive to the Agency for Negotiation. It may prevent you from engaging with third parties.

There may be disclosure requirements. There may be content review requirements. There may be a requirement imposed on you to maintain reputable engagement. That means that you might have to maintain a certain level of engagement on your channels and also conduct yourselves in a manner that doesn't bring yourself the brand or agency into disrepute.

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Now, there will be other general terms and conditions within your agreement. Look over the agreement so you're familiar with any confidentiality terms that might apply. This could be confidentiality. in relation to the agreement, and also the brands and campaigns that you work on.

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Termination. If things aren't working out or the contract isn't going to be renewed or extended, you need to be very clear on what that process looks like and how you'll be paid any remaining fees or income due to you under that termination process. Other sections of the agreement might [00:14:00] include legal definitions of terms, a schedule with information that relates specifically to you, and that might include brands or services that are excluded under this agreement, and other general terms and conditions.

Now once the agreement is presented to you, you do have an opportunity to negotiate the contract. Negotiating your contract. That should be done with a strategic understanding of your value. And also making sure that you get expert legal review to ensure a fair and beneficial agreement. And the final step of negotiating your contract is transparent and respectful communication with your agency.

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These extra episodes will give you a deeper understanding of the sections we've discussed today. You can check the show notes for links, find all the episode resources and other recommended listening on that influencer agency relationship in the expanded show notes at the

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