What to check before signing a brand deal
The six places money leaks out of an otherwise good sponsorship — and what to read first.
Before signing, confirm six things: exactly what content is owed, how long and where the brand may use it, whether you are exclusive in that category and for how long, who owns the footage afterward, when and how you get paid, and what happens if either side walks. Ambiguity in any one is where the money leaks.
The short checklist
- Deliverables — count, format, platform, and revision rounds, in numbers.
- Usage rights — term, territory, and media. Perpetual is not standard.
- Paid amplification — whitelisting your handle is a separate right, priced separately.
- Exclusivity — how wide is the category, and how long after delivery?
- Ownership — who holds the raw footage when the campaign ends.
- Payment — the trigger, the net terms, and the kill fee.
- Approvals — how many rounds, and the brand’s turnaround obligation.
- Termination — and whether it cuts both directions.
What are you actually delivering?
“Social coverage” is not a deliverable. A deliverable is countable: three in-feed videos of 30–60 seconds, one carousel of up to eight frames, two stories with a link sticker, delivered on named dates.
Pin down the revision rounds too. “Revisions until the brand is satisfied” is an unbounded obligation against a fixed fee — that single phrase can halve the effective rate of an otherwise fair deal.
How long can the brand use the content?
Usage is three variables, and each one is priced: term (how long), territory (where), and media (organic social only, or also paid ads, email, retail displays, out-of-home).
“Perpetual, worldwide, all media” inside an organic-post fee is the single most expensive line a creator signs. If the brand wants that, it is a licensing deal and should be priced as one.
Watch specifically for whitelisting or allowlisting — the brand running paid ads from your handle. That borrows your audience’s trust and belongs in its own clause with its own fee.
Does “exclusivity” mean what you think it means?
Two questions decide the cost: how wide is the category, and how long does it run past delivery?
“No competing beverages” is narrow. “No food or beverage” can quietly remove an entire vertical from your calendar. If exclusivity extends six months past the last post, price the deals you are agreeing not to take.
Who owns the footage after the campaign?
Ownership and usage are different questions. A brand can hold a broad license without owning anything, and that is usually the right shape.
If the agreement says the content is a work made for hire, or assigns copyright outright, you may not be able to reuse your own footage in a reel or portfolio. If you are handing over raw files, say so explicitly and price it.
When do you actually get paid?
Find the trigger and the clock. “Net 30 from invoice” is not the same as “net 30 from campaign completion,” which is not the same as “net 60 from brand approval” — the last one has no deadline on the brand at all.
If approval gates payment, the brand needs a turnaround obligation. Without one, an unresponsive marketing manager becomes your cash-flow problem.
Ask for a kill fee: if the brand cancels after you have shot, you are paid a defined percentage.
What happens if it goes wrong?
Read termination, morals, and indemnification together — and check whether each one runs in both directions.
- Termination — can the brand exit at will while you cannot?
- Morals clause — is the standard defined, or is it “anything the brand deems damaging”?
- Indemnification — you should stand behind your own conduct and content, not the brand’s product claims.
An indemnity that makes you cover claims arising from the product itself is the clause most worth pushing back on.
Which version of each clause are you signing?
The same clause name covers a wide range. This is the practical spread:
| Clause | A fair version | The version that costs you |
|---|---|---|
| Deliverables | Named counts, formats, dates, and two revision rounds | “Social coverage” with revisions until satisfied |
| Usage term | 6–12 months, organic social, named territory | Perpetual, worldwide, all media, at the organic rate |
| Paid amplification | Separate clause, separate fee, capped spend and duration | Bundled silently into “usage” |
| Exclusivity | Narrow category, 30–90 days past final delivery | Whole vertical, 12 months, unpriced |
| Ownership | Creator retains copyright; brand gets a license | Work made for hire, full assignment, raw files included |
| Payment | 50% up front, balance net 30 from delivery | Net 60 from brand approval, approval undefined |
| Termination | Either party, with notice and a kill fee | Brand may terminate at will; creator may not |
This is not legal advice. Clemons Wright is a management-consulting and risk-advisory firm, not a law firm, and Dustin L. Clemons is not a licensed attorney. This page is general operating information, not advice about your situation, and reading it creates no attorney-client relationship. Rules differ by jurisdiction and change over time. For advice on your matter, retain a licensed attorney — here is how we help you choose one.
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