Tips To Draft Your Own Brand Rep Agreement

So you’ve created a brand. You’re making sales. You had an “influencer” reach out to you about becoming a brand rep. You think it’s a great exchange to have someone post photos of themselves in your items to their followers in exchange for free clothes. You hold up your end of the bargain and send them clothes. Then they GHOST you! Maybe they got busy, take forever to respond to your messages, and then you realize you just gave away free clothes (jewelry or other products). OR maybe they post subpar photos.. maybe they don’t post as often as you’d like. Either way, you’re not getting what you wanted.

Sound familiar? This situation is all too familiar with small brands these days. You give the “influencer” the benefit of the doubt, and you don’t think there’s a need for a formal contract.

Now you feel like brand reps are a lost cause and don’t provide any value in return. This is not the case. Brand reps can be a highly valuable asset to your company. You just have to make sure you have the correct protections in place. This is where the Brand Rep Agreement comes in place!

If you’re a DIYer, you will find important tips for drafting the agreement below!

1.    Make them sign the agreement! Even if it’s an electronic signature, do yourself a favor, and make the brand rep sign the document. Signing their name will give a more official feel to the whole situation.

2.    Set out photo expectations. Your expectations may seem obvious to you, but you don’t want to leave any room for error. For example, if you want styled photos and not flat lays, spell that out in the agreement. Don’t just tell the brand rep you want styled photos. Tell your brand rep flat lays are not allowed.

3.    Give a specific number of required photos. I’ve seen brand rep contracts require 5-8 photos/month. But that’s it. No timeline. No specifics. If you really want 8 photos and not less, then state 8 photos. If you want to make sure not all of the photos are posted in one day or one week, lay out weekly requirements (2 photos each week).

4.    Reserve your rights to use the photos. Let’s face it, some brand reps will have better photos than others, and some brand reps may have better photos than your own! You will have to reserve that right in the agreement to guarantee your right to use those photos in your own advertising!

There are a number of subjects I touch on when discussing brand rep requirements with my clients, but the 4 topics covered here are some of the biggest issues owners face when not having a formal agreement in place.

It is highly suggested to work with a legal professional to draft your contracts. I understand you may want to save money by DIY. However, how much money do you really save if you continue giving clothes away without getting anything in return? It’s time to officially protect your brand!

Brand Rep Agreements start at $99 at andreasager.com.

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