# Contract, payment and disclosure checklist

> **Not legal advice.** This is a checklist of things to look for and ask about, built from public guidance. Laws differ by country and change. For big deals, long exclusivity, or anything involving health, finance or kids, get a lawyer to read the contract. Last verified: October 2026.

Why this matters: late and messy payments are the norm, not the exception. In payment-platform surveys, more than half of creators report being paid late (Lumanu/Collectively and Tipalti surveys; one figure cited is "up to 87%" having had late or problematic payments). Campaign (campaignlive.com) has reported on the same problem. Most of it is avoidable with five lines in the contract.

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## Part 1: The contract (or "agreement", "SOW", "insertion order")

Rule zero: **no work before a signed agreement.** An email thread where both sides clearly agree to deliverables, price and dates is better than nothing. A signed one-page agreement is better than that.

### Deliverables
- [ ] Exact format: "one 60–90 second integrated segment in a YouTube video" (not "a YouTube video").
- [ ] Number of pieces, platforms, and the **publish window** (a date range, not a single day).
- [ ] What's included: link in description, pinned comment, link sticker, code, link-in-bio for X days.
- [ ] How long the content stays up (e.g. "minimum 12 months" or "the life of the video"). Avoid "forever"; you may need to remove it if the brand changes or does something you disagree with.
- [ ] Talking points: the brand provides them in writing *before* you script.
- [ ] Claims: you don't say anything you can't back up. The brand is responsible for supplying substantiation for their product claims.

### Approvals and revisions
- [ ] What the brand approves: script outline? Draft cut? Both?
- [ ] **Number of revision rounds included** (one is common, two at most). Extra rounds billed.
- [ ] Brand feedback deadline (e.g. "within 3 business days, otherwise the draft is deemed approved"). Without this, a slow approver delays your payment.
- [ ] Revisions are about accuracy and brand guidelines, not reshooting for taste.

### Usage rights (who can use your content, where, and for how long)
- [ ] **Organic usage:** the brand can repost on its own channels — for how many months?
- [ ] **Paid usage / whitelisting:** the brand can run ads with your content or through your handle (Meta Partnership Ads, TikTok Spark Ads). Separate line, separate fee, specific dates.
- [ ] **Media:** social only? Website? Email? TV, out-of-home, retail? Each one widens the license.
- [ ] **Edits:** can they cut your content into new ads? Can they add claims? You want approval over anything that puts new words in your mouth.
- [ ] **No "in perpetuity, all media, worldwide"** at your base rate. If they want it, it's a licensing fee (see `../templates/negotiation-scripts.md`, script 7).
- [ ] You keep ownership of your content; you grant them a license. Look for "creator grants a license" rather than "brand owns all rights / work made for hire".

### Exclusivity
- [ ] **Scope:** named competitors (better) vs. "the category" (wider, costs more).
- [ ] **Duration:** starts and ends on specific dates (e.g. 30 days from publish).
- [ ] **Fee:** priced separately.
- [ ] Doesn't block you from mentioning products you already use, or from existing deals (list them).

### Money
- [ ] **Total fee**, currency, and whether it's before or after tax / VAT.
- [ ] **Payment schedule:** 50% on signing + 50% on publish is the creator-friendly default. Next best: 100% net-15 or net-30 from publish (net-30 = paid within 30 days of the invoice).
- [ ] **Watch for net-60 / net-90** and "payment after the brand's client pays the agency." Ask for net-30 or a deposit.
- [ ] **Invoice trigger:** you can invoice on publish (not "after campaign report" or "after the end of the quarter").
- [ ] **Late fee:** e.g. "invoices unpaid after 30 days accrue interest at 1.5% per month" — check what's allowed where you live. In the UK, business-to-business late payments can carry statutory interest of 8% above the Bank of England base rate plus fixed compensation of £40 / £70 / £100 depending on invoice size. In the EU, the Late Payment Directive (2011/7/EU) sets statutory interest of at least the ECB reference rate + 8 percentage points and a minimum €40 recovery cost. In the US it depends on the state and your contract.
- [ ] **Kill fee:** if the brand cancels for reasons that aren't your fault. There's no legal standard; a commonly cited range is 25–50% of the fee, scaled up as work progresses. A simple version: 50% after production starts, 100% after the draft is delivered.
- [ ] **Expenses:** products, travel, props, paid music — who pays?
- [ ] **Affiliate component (if any):** commission %, cookie window, tracking access, payout schedule.

### Protection
- [ ] **Termination:** either side can end it; what happens to fees already earned.
- [ ] **Morals clause:** fine if it's mutual (they can exit if you do something awful; you can exit if they do).
- [ ] **Indemnity:** the brand covers claims about its own product; you cover claims about content you created independently. Avoid one-sided indemnities where you cover everything.
- [ ] **Disclosure:** the contract requires clear disclosure (good sign). If it asks you to hide or soften the disclosure, walk away.
- [ ] **Performance guarantees:** don't promise views, clicks or sales. Promise delivery of the content.
- [ ] **Agency deals:** who pays you — the agency or the brand? Get the paying entity's legal name and billing email.

### Before you hit publish
- [ ] Final approval in writing (email is fine).
- [ ] Links and codes tested.
- [ ] Disclosure in place in every required spot (below).
- [ ] Platform disclosure tool switched on.
- [ ] Screenshot of the live post + date for your records.
- [ ] Invoice sent the same day.

### After publish
- [ ] Day 7: send a short results recap (views, clicks if you have them, best comments). It's the start of your re-engage pitch.
- [ ] Day 30 / due date: payment received? If not, polite reminder citing the contract clause.
- [ ] Day 31+: second reminder with the late fee line. Then escalate to finance / accounts payable directly.

**Payment reminder (copy-paste):**
```
Hi [NAME], quick note — invoice #[NUMBER] for [AMOUNT] ([DELIVERABLE], published [DATE]) was due on [DUE DATE]. Could you confirm when it's scheduled for payment? Happy to resend it or send it directly to your accounts payable team if that's faster.
```

---

## Part 2: Disclosure basics (US, UK, EU)

The short version for all three: **if a brand paid you, gave you something free, or you earn a commission, say so — clearly, at the start, in the post itself, every time.** Platform tools help but don't replace saying it.

### United States — FTC
- The FTC's **Endorsement Guides** (16 CFR Part 255, updated June 2023) require disclosure of any "material connection" (payment, free product, family/employment ties, affiliate commission).
- The disclosure must be **"clear and conspicuous"**: in the 2023 update, that means difficult to miss and easily understandable by ordinary consumers. On social media, "unavoidable."
- The FTC says **platform disclosure tools alone may not be enough.**
- In video, the FTC's "Disclosures 101 for Social Media Influencers" guidance says to disclose in the video itself (said out loud and shown on screen), not only in the description.
- Simple, accepted wording: "Ad", "Sponsored", "Paid partnership with [Brand]", "[Brand] sent me this for free". Avoid vague tags like #sp, #collab, #thanks on their own.
- Separately, the FTC's **Consumer Reviews and Testimonials Rule** (16 CFR Part 465, effective October 21, 2024) bans fake reviews and buying fake followers or views for commercial purposes; violations can bring civil penalties (over $50,000 per violation, adjusted annually for inflation).
- Read it yourself: ftc.gov → "Disclosures 101 for Social Media Influencers".

### United Kingdom — ASA and CMA
- Guidance from the **ASA** (advertising content) and **CMA** (consumer law) says paid partnerships, gifts, affiliate links, discount codes and even promoting your own products must be clearly identified as advertising.
- Recommended label: **"Ad" or "#ad"**, placed up front. If you want to explain the relationship, put "Ad" first: "Ad – gifted", "Ad – affiliate".
- Labels like "gifted", "PR trip" or "affiliate" **on their own are not enough.**
- Disclose on **every** piece of content in the campaign; a note in your bio doesn't count.
- The ASA can publicly name non-compliant influencers; the CMA has new direct fining powers under the Digital Markets, Competition and Consumers Act 2024.
- Read it yourself: asa.org.uk → "Influencers' guide to making clear that ads are ads".

### European Union
- The European Commission treats influencers who promote products for payment or benefit as **"traders"** under EU consumer law, including the Unfair Commercial Practices Directive. Undisclosed advertising can be a misleading practice.
- The Commission's guidance suggests clear labels such as "advertising" / "advertisement" in the language of the post or video.
- A 2024 Commission sweep of influencer posts found only about 1 in 5 influencers systematically disclosed ads.
- **National rules add more.** Examples: France's 2023 influencer law (later amended in 2024) requires clear commercial labels and bans some product categories (e.g. cosmetic surgery, certain financial products); Italy's AGCOM guidelines (2024) add obligations for large influencers (1M+ followers and other thresholds). Check your country's consumer authority.
- Free official training: the European Commission's **Influencer Legal Hub** (commission.europa.eu/influencer-legal-hub_en).

### Platform tools (switch them on, then also say it)
- **YouTube:** tick "includes paid promotion" when uploading; YouTube shows a disclosure label at the start of the video.
- **Instagram / Facebook:** the "Paid partnership" label (branded content tool), with the brand tagged as partner.
- **TikTok:** the content disclosure / branded content toggle, which adds a "Paid partnership" label.
- **X:** offers a paid partnership label for creators.
- **Newsletters:** label the section "Sponsored by [Brand]" or "Ad" in the heading.

### A disclosure that works almost everywhere
- **Video (first 5–10 seconds, said and on screen):** "This video is sponsored by [Brand]." / "Ad: [Brand] paid me to make this."
- **Caption (first line, before "more"):** "Ad | Paid partnership with @[brand]"
- **Gifted:** "Ad – gifted by @[brand]. I wasn't paid, but they sent me this for free."
- **Affiliate:** "Ad – affiliate link. I earn a commission if you buy."

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## Sources (checked October 2026)

- FTC, Guides Concerning the Use of Endorsements and Testimonials in Advertising (2023 update) and "Disclosures 101 for Social Media Influencers" — ftc.gov. Summaries: Fenwick, Davis Wright Tremaine, Frost Brown Todd (2023).
- FTC, Trade Regulation Rule on the Use of Consumer Reviews and Testimonials, 16 CFR Part 465 (effective Oct 21, 2024). Summary: Barclay Damon.
- ASA/CMA influencer guidance — asa.org.uk; summaries by RPC (Winter 2025) and Lewis Silkin (May 2025).
- European Commission, Influencer Legal Hub — commission.europa.eu/influencer-legal-hub_en; 2024 sweep reported by Greenberg Traurig (April 2025).
- France Act no. 2023-451 and 2024 ordinance — Kolsquare, Mondaq. Italy AGCOM guidelines (Jan 2024) — Gala Law/Mondaq.
- EU Late Payment Directive 2011/7/EU; UK Late Payment of Commercial Debts (Interest) Act 1998 — summaries by Xero UK, Zoho UK.
- Kill fees: Revision Legal; Make Influence academy.
- Late payments: Lumanu "Insights from 500 influencers on their payment experience"; Tipalti 2023 brand–creator report; Campaign (campaignlive.com).

Made by Dan Shipped — @danshipped