Parties and relationship
Names both parties and states that the creator is an independent contractor, not an employee or agent of the brand. It also says whether the creator may hire an editor or other help.
Creators: Check the brand’s legal entity name matches the one on the purchase order or invoice details.
Brands: If an agency signs on your behalf, the contract should say which company owns the licence.
Deliverables and specifications
Lists every asset: number of videos, target length, aspect ratios, hooks per video, captions or no captions, voiceover, and whether raw unedited clips are handed over. Attach the creative brief as a schedule rather than pasting it into the clauses.
Creators: Raw footage lets the brand cut new ads without you. Price it as its own line item.
Brands: Ask for hook variations in the same shoot. They cost the creator little and give your media buyer more to test.
Product, shipping and timeline
Says when the product ships, who pays for shipping and returns, the first-draft deadline counted from product delivery, the feedback window and the final delivery date.
Creators: Tie your deadline to the date the product arrives, not the date the contract is signed.
Brands: Add a feedback window (for example three business days) so timelines don’t stall on your side.
Revisions and approvals
Sets how many rounds of edits are included, what counts as a revision, and how approval is given. Approval should be in writing, and silence after the feedback window should count as approval.
Creators: Exclude changes to the script, product or concept after the brief is approved from the revision count.
Brands: Consolidate feedback from your team into one message per round.
Usage rights and licence
The heart of the agreement. It grants the brand a licence to use the content and defines the media (organic social, website, email, paid social, connected TV), the territory, the term and whether the licence is exclusive. Content stays the creator’s unless the contract assigns ownership outright.
Creators: Watch for ‘in perpetuity’ and ‘in all media now known or later devised’. Those words turn a three-month campaign into a permanent buyout.
Brands: Make sure the licence covers editing, cutting down and adding text overlays, or your team can’t adapt the files.
Paid usage and whitelisting
States whether the brand may run the content as ads, and separately whether it may run ads from the creator’s own handle through TikTok Spark Ads or Meta partnership ads. Each has its own term and fee.
Creators: Whitelisting puts your name on the ad. Keep the right to see the ad copy and to revoke access if it’s misused.
Brands: If you only need dark posts from your own account, you don’t need whitelisting at all; leave it out and save the fee.
Fee, deposit and payment terms
Gives the total fee, any deposit, the due dates and the payment method, plus a late-payment charge. Usage extensions and extra deliverables should be priced in the same clause so they can be bought later without renegotiating.
Creators: Ask for 50% on signing for first-time clients. Net-60 terms on a small job are a cash-flow problem you can refuse.
Brands: Link the final payment to delivery of the approved files, not to the content going live, since you control when it goes live.
Exclusivity
If the creator can’t work with competitors, the clause names the product category, the time period and the platforms it applies to. Exclusivity has a cost and should be paid for.
Creators: Make the category narrow (‘protein bars’, not ‘food and drink’) and the period short.
Brands: If your ads will be live for months, align the exclusivity window with the ad flight, not the shoot date.
Cancellation and kill fee
Says what happens if the brand cancels the job after it has started, or the creator can’t deliver. Typically the creator keeps the deposit, plus a share of the fee if filming has happened, and the brand gets no rights to unfinished work.
Disclosure, warranties and liability
The creator promises the content is original and that anyone appearing in it has consented. The brand promises its product claims are true and supplies any claims it wants made. Each side takes responsibility for its own part, and the FTC disclosure requirement is noted for any content posted as an endorsement.