Social media marketing is more important than ever for brands and businesses. As with any business arrangement, a contract is essential — but what needs to be included?
Whether you’re a beginner influencer with a small following, an experienced social media manager, or an established brand, enshrining your marketing relationships with a contract is crucial.
Read our guide, because it helps you understand exactly what your contract should include and why templates are the key to making sure you’re covered!
Let’s get into it!
A social media contract template is a pre-written document that defines an agreement between two parties. They are often used by social media managers, influencers, and marketers when they need to draw up a contract.
A social media contract template outlines responsibilities, defines payment terms, and specifies the platform to be used, such as Instagram, YouTube, Pinterest, or LinkedIn.
The template forms the basis of the agreements between the parties, so everyone is aware of their obligations and is on the same page. A good contract also ensures confidentiality and often includes non-disclosure agreement (NDA) clauses. It also contains rights and obligations for both parties.
A thorough contract template will also include details of payments fees and invoices, as well as taxes and expenses. Free social media contract templates can be found online, such as this Digital Marketing Contract Template from Bonsai.
You know what a social media management contract is, but do you need one? Won’t a verbal agreement suffice? The answer is yes, you do need one!
Contractors, freelancers, and marketers can all benefit from the protections offered by a social media contract; let’s have a closer look at why they’re so important!
A good contract requires signatures from both parties, which confirms that everyone involved in the contract is aware of their responsibilities.
A comprehensive agreement details tasks, the scope of the job, and deliverables, and establishes deadlines so there is clarity surrounding expectations and requirements and no misunderstandings.
Laws and rules are constantly evolving in the United States (and elsewhere in the world!), so a contract is essential.
It has you covered in the event of any disputes, and the clauses covering liability, ownership, and intellectual property rights ensure that everything is clear and above board.
A comprehensive contract clearly outlines responsibilities surrounding payments, invoices, and fees. It unambiguously defines payment terms, so you can be confident you’ll receive the correct amount of money for your services.
In the event of late payments or non-payment, the contract guides the process for fixing the situation.
A contract protects both parties and builds trust. When a contractor or company presents a contract, it shows they are professional and value their working relationships. A contract builds trust by ensuring confidentiality and clearly outlining responsibilities on both sides.
Still not sure? Why not download one of the free social media contract templates from Bonsai now?
The Marketing Agency Contract Template and the Branding Contract Template are specifically designed to cover all eventualities that can arise with social media contracts.
And best of all, they’re free! Just create your free account with Bonsai to get access to them!
Drafting a social media contract is crucial for a successful partnership between influencers, marketers, companies, and agencies.
The ideal contract is customizable and includes everything that is needed to define the terms of the partnership. Let’s take a closer look at what your contract should include so that you can get the best results from your collaboration and enjoy the benefits:
List the names of all individuals, agencies, or businesses that are part of the agreement. This section of the contract should specify the client, the contractor, and any party that is involved.
In some cases, the contract might name employees or social media managers, and indicate what their roles will be in the project.
Clearly state the terms of the contract — this could be for a one-off promotion or an ongoing partnership. Ensure this section provides clarity on the start and end dates of the contract and includes a framework for how to extend the relationship if necessary.
List everything the contractor or agency is required to deliver. This could be posts or stories on Instagram or LinkedIn articles. List all deliverables, tasks, and content that need to be created so that there is no room for misunderstandings.
This is where all financial aspects should be detailed - ranging from fee structures to payment methods. All costs, expenses, and charges should be listed, as well as a description of how invoices will be issued.
If there are charges involved for products or services provided outside of the initial scope, these should also be listed.
Ownership of the social media content and data needs to be clarified for both marketers and influencers. List who holds the rights to the content and how the content can be used.
It’s common for social media contracts to include a non-disclosure agreement (NDA). This is designed to protect sensitive information and ensure that neither party shares confidential details with others.
This section has termination clauses clearly defined. It should include a notice period, acceptable reasons for termination, and any fees or penalties that will be charged.
There are a few different types of social media contracts, and each type serves a specific purpose, ensuring transactions and collaborations go smoothly.
A social media partnership agreement defines the relationship between two parties. This can be between brands, influencers, or marketers. In most cases, the two parties will have a mutual interest in what is being promoted. The contract should clearly state the terms of how the collaboration will unfold and will include a discussion about resources, materials, and ideas.
The contract will also outline how revenues and profits will be split, and how access to social media accounts will work. It will also define the social media platforms that the promotion will occur on (like Instagram, Tumblr, Reddit, or Snapchat).
Social media marketing contracts are contracts between marketing agencies and freelancers.
They outline the specifics of the campaigns, strategies, and posts that are required from the influencer in order to meet the terms of the contract. For example, this could range from brand promotions on YouTube to TikTok posts.
The contract will also include the manner of payment and include details on deliverables, deadlines, and ownership of the content to provide protection from liability.
Creating a watertight social media contract doesn’t have to be time-consuming or difficult! If you use the right tools and templates, you can create a comprehensive agreement that has you totally covered in just a few simple steps!
Platforms like Bonsai really take the work out of the contract creation process. Instead of toiling away to create your contract from scratch, you can use our premade contract templates specifically designed for social media management relationships.
The templates work for a range of different promotional platforms, including Tumblr, Vimeo, and Blogger.
With Bonsai, it’s easier than ever for marketers, influencers, and businesses to create robust contracts that reflect the best practices of their industries.
And best of all, templates from Bonsai are watertight! No need to worry that you’ve forgotten something essential; the templates include all the key elements you need, such as payment details, duration of agreement, and scope of work.
Every brand and social media influencer is unique, and that’s why all Bonsai contracts are fully customizable and can be amended to your preferences.
This gives you control and means that you can ensure that the contracts reflect the individual needs of both parties.
You can adjust the wording, payment terms, and deliverables to ensure you reflect the exact nature of your collaborations.
The contract is not a static document — it’s a dynamic agreement that reflects the understanding and relationship between both parties, so make the contract work for you!
While creating a social media contract can sound daunting, especially if it’s your first time, it doesn’t have to be!
The range of customizable templates from Bonsai has you covered for every possible situation and takes just a fraction of the time of drawing one up from scratch. Look through the template options available and find the one that perfectly suits your needs.
And did we mention that Bonsai contracts are totally free? Just sign up to get access to their full range of templates, as well as a raft of other services!
For social media managers, deciding how much to charge can be a delicate balancing act! There are a ton of things to consider — the complexity of the task at hand, how many hours you will be working, how experienced you are, etc.
If you’re just starting out, it makes sense to begin with a lower fee in order to gain more experience and support you in building up your portfolio.
Once you’ve built up the experience and found your niche in the industry, then you can look at raising your fees and attracting bigger clients.
Remember, you must find a gap to fill so that you can set yourself apart from the competition.
While it might be tempting for marketers to try to do everything, you’ll be better off deciding which platform to specialize in whether that’s Instagram, YouTube, LinkedIn, or Tumblr.
Your location and the language you’re writing in will also play a role — social media managers in the United States may be able to command a higher fee than those in countries that typically have lower wages.
The type of fees also needs to be considered. Some social media managers might prefer a monthly retainer, while others charge per post or per campaign — you’ll need to figure out which is the best situation for you.
A social media contract should state the roles and responsibilities that each party holds in the relationship. It should also state the services that are going to be provided during the contract, the payment details, and what to do in the event that the contract needs to be terminated. Ensure it includes guidelines for intellectual property rights, confidentiality clauses, and details on how performance will be measured. This could include any bonuses for content that performs particularly well. If you’re worried about ensuring your contract includes everything you’ll need, try using a platform such as Bonsai which offers a wide range of contract templates that have been vetted by lawyers. This way, you’ll be confident all the necessary aspects are fully covered!
Begin by determining the scope of work, such as the tasks, deliverables, and platforms that the campaign will run on. Make sure you also include the terms of payment, time frames, deadlines, and any specific requirements. To streamline the process, sign up for a free account at Bonsai and download one of our contract templates. This takes a lot of the work out of contract creation and also ensures you include everything you need to!After the contract has been finalized, it needs to be reviewed by both parties, before being modified and then signed by both groups
This is up to the discretion of both parties involved — while not mandatory, it can be advisable for anyone directly involved in the social media creation to sign the contract. This ensures clarity regarding obligations and responsibilities and is also important when it comes to privacy and protection of sensitive details. Getting everyone involved to sign an NDA on behalf of the company is recommended, as it ensures all information is protected and that everyone is on the same page.
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This Contract is between Client (the "Client") and Acme LLC. (the "Consultant"). As a condition of the Client hiring the Social Media Consultant and other valuable considerations, the Parties to this Contract agree as follows:
1.1 Project. The Client is hiring the Consultant to do the following:
1.2 Schedule. The Consultant will begin work on [START DATE]and will continue until the work is completed. This Contract can be ended by either Client or Consultant at any time, pursuant to the terms of Section 6, Term and Termination.
1.3 Payment. The Client will pay the Consultant an ongoing rate of [PROJECT RATE] per month. Of this, the Client will pay the Consultant a non-refundable deposit of [DEPOSIT AMOUNT] before work begins, to be deducted from the first invoice payment. This deposit is non-refundable due to the Consultant reserving their schedule on behalf of the Client.
1.4 Expenses. The Consultant may request additional payment for any agreed-upon, non-cancellable expenses, which must approved by the Client in advance.
1.5 Invoices. The Consultant will invoice the Client [INVOICE FREQUENCY]. The Client agrees to pay the amount owed within [X DAYS TO PAY] days of receiving an invoice. Payment after that date will incur a late fee of [LATE FEE PERCENTAGE]% per month on the outstanding amount.
1.6 Support. The Consultant will not provide ongoing support for any deliverable once the Client accepts it, unless otherwise agreed in writing.
2.1 Client Owns All Work Product. As part of this job, the Consultant is creating the "work product" for the Client. To avoid confusion, work product is the completed work, as well as drafts, notes, materials, internal processes, advertisements, wording, marketing phrases, mockups, designs, code, emails, illustrations, email content and anything else that the Consultant creates as part of this project. The Consultant hereby gives the Client this work product once the Client pays for it in full. This means the Consultant is giving the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as it sees fit.
2.2 Consultant's Use Of Work Product. Once the Consultant gives the work product to the Client, the Consultant does not have any rights to it, except those that the Client explicitly gives the Consultant here or separately in writing. The Client gives permission to use the work product as part of portfolios and websites, in galleries, and in other media, so long as it is to showcase the work and not for any other purpose. The Client does not give permission to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.
2.3 Consultant's Help Securing Ownership. In the future, the Client may need the Consultant's help to show that the Client owns the work product or to complete the transfer. The Consultant agrees to help with that. For example, the Consultant may have to sign a patent application. The Client will pay any required expenses for this. If the Client can't find the Consultant, the Consultant agrees that the Client can act on the Consultant's behalf to accomplish the same thing. The following language gives the Client that right: if the Client can't find the Consultant after spending reasonable effort trying to do so, the Consultant hereby irrevocably designates and appoints the Client as the Consultant's agent and attorney-in-fact, which appointment is coupled with an interest, to act for the Consultant and on the Consultant's behalf to execute, verify, and file the required documents and to take any other legal action to accomplish the purposes of paragraph 2.1 (Client Owns All Work Product).
2.4 Consultant's IP That Is Not Work Product. During the course of this project, the Consultant might use intellectual property that the Consultant owns or has licensed from a third party, but that does not qualify as "work product." This is called "background IP." Possible examples of background IP are pre-existing marketing strategies, code, type fonts, properly-licensed stock photos, proprietary marketing practices and web application tools.
The Consultant is not giving the Client this background IP. But, as part of the Contract, the Consultant is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client's products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the background IP (except as allowed in Section 11.1 (Assignment)). The Client cannot sell or license the background IP separately from its products or services. The Consultant cannot take back this grant, and this grant does not end when the Contract is over.
2.5 Consultant's Right To Use Client IP. The Consultant may need to use the Client's intellectual property to do its job. For example, if the Client is hiring the Consultant to build a website, the Consultant may have to use the Client's logo. The Client agrees to let the Consultant use the Client's intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the Consultant's job. Beyond that, the Client is not giving the Consultant any intellectual property rights, unless specifically stated otherwise in this Contract.
The Consultant won't work for a competitor of the Client until this Contract ends. To avoid confusion, a competitor is any third party that develops, manufactures, promotes, sells, licenses, distributes, or provides products or services that are substantially similar to the Client's products or services. A competitor is also a third party that plans to do any of those things. The one exception to this restriction is if the Consultant asks for permission beforehand and the Client agrees to it in writing. If the Consultant uses employees or subcontractors, the Consultant must make sure they follow the obligations in this paragraph, as well.
Until this Contract ends, the Consultant won't: (a) encourage Client employees or service providers to stop working for the Client; (b) encourage Client customers or clients to stop doing business with the Client; or (c) hire anyone who worked for the Client over the 12-month period before the Contract ended.
The one exception is if the Consultant puts out a general ad and someone who happened to work for the Client responds. In that case, the Consultant may hire that candidate.
5.1 Overview. This section contains important promises between the parties.
5.2 Authority To Sign. Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.
5.3 Consultant Has Right To Give Client Work Product. The Consultant promises that it owns the work product, that the Consultant is able to give the work product to the Client, and that no other party will claim that it owns the work product. If the Consultant uses employees or subcontractors, the Consultant also promises that these employees and subcontractors have signed contracts with the Consultant giving the Consultant any rights that the employees or subcontractors have related to the Consultant's background IP and work product.
5.4 Consultant Will Comply With Laws. The Consultant promises that the manner it does this job, its work product, and any background IP it uses comply with applicable laws and regulations.
5.5 Work Product Does Not Infringe. The Consultant promises that its work product does not and will not infringe on someone else's intellectual property rights, that the Consultant has the right to let the Client use the background IP, and that this Contract does not and will not violate any contract that the Consultant has entered into or will enter into with someone else.
5.6 Client Will Review Work. The Client promises to review the work product, to be reasonably available to the Consultant if the Consultant has questions regarding this project, and to provide timely feedback and decisions.
5.7 Client-Supplied Material Does Not Infringe. If the Client provides the Consultant with material to incorporate into the work product, the Client promises that this material does not infringe on someone else's intellectual property rights.
This Contract is ongoing, until ended by the Client or the Consultant. Either party may end this Contract for any reason by sending an email or letter to the other party, informing the recipient that the sender is ending the Contract. The Contract officially ends and the Consultant must immediately stop working as soon as it receives this notice once the notice has been received, unless the notice says otherwise. The Client will pay the Consultant for the work done up until when the Contract ends and will reimburse the Consultant for any agreed-upon, non-cancellable expenses. The following sections don't end even after the Contract ends: 2 (Ownership and Licenses); 3 (Competitive Engagements); 4 (Non-Solicitation); 5 (Representations); 8 (Confidential Information); 9 (Limitation of Liability); 10 (Indemnity); and 11 (General).
The Client is hiring the Consultant as an independent contractor. The following statements accurately reflect their relationship:
8.1 Overview. This Contract imposes special restrictions on how the Client and the Consultant must handle confidential information. These obligations are explained in this section.
8.3 Third-Party Confidential Information. It's possible the Client and the Consultant each have access to confidential information that belongs to third parties. The Client and the Consultant each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Consultant is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.
Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Contract.
10.1 Overview. This section transfers certain risks between the parties if a third party sues or goes after the Client or the Consultant or both. For example, if the Client gets sued for something that the Consultant did, then the Consultant may promise to come to the Client's defense or to reimburse the Client for any losses.
10.2 Client Indemnity. In this Contract, the Consultant agrees to indemnify the Client (and its affiliates and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys' fees) related to a third-party claim or proceeding arising out of: (i) the work the Consultant has done under this Contract; (ii) a breach by the Consultant of its obligations under this Contract; or (iii) a breach by the Consultant of the promises it is making in Section 5 (Representations).
10.3 Consultant Indemnity. In this Contract, the Client agrees to indemnify the Consultant (and its affiliates and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys' fees) related to a third-party claim or proceeding arising out of a breach by the Client of its obligations under this Contract.
11.1 Assignment. This Contract applies only to the Client and the Consultant. The Consultant cannot assign its rights or delegate its obligations under this Contract to a third-party (other than by will or intestate), without first receiving the Client's written permission. In contrast, the Client may assign its rights and delegate its obligations under this Contract without the Consultant's permission. This is necessary in case, for example, another Client buys out the Client or if the Client decides to sell the work product that results from this Contract.
11.2 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.
11.3 Modification; Waiver. To change anything in this Contract, the Client and the Consultant must agree to that change in writing and sign a document showing their contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.
11.4 Notices.
(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery, email, or certified or registered mail (postage prepaid, return receipt requested). The notice must be delivered to the party's address listed in this Contract or to another address that the party has provided in writing as an appropriate address to receive notice.
(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgement of receipt; (iii) if delivered by registered or certified mail (postage prepaid, return receipt requested), it is considered received upon receipt as indicated by the date on the signed receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.
11.5 Severability. This section deals with what happens if a portion of the Contract is found to be unenforceable. If that's the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.
11.6 Signatures. The Client and the Consultant may sign this document using online e-signature software such as Bonsai. These electronic signatures count as originals for all intents and purposes.
11.7 Governing Law. The validity, interpretation, construction and performance of this document shall be governed by the laws of the United States of America.
11.8 Entire Contract. This Contract represents the parties' final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.
THE PARTIES HERETO AGREE TO THE FOREGOING AS EVIDENCED BY THEIR SIGNATURES BELOW.
