Top 7 Clauses Every Influencer Agreement Must Have in 2025

Introduction

Influencer marketing continues to evolve, but one thing remains constant—the need for a watertight agreement between brands and influencers. With increased scrutiny from the Advertising Standards Council of India (ASCI) and new consumer protection mandates, both parties must ensure their collaboration is not only creatively sound but also legally compliant.

Here are the 7 essential clauses that every influencer-brand agreement in India must include in 2025.

1. Scope of Work & Deliverables

This clause outlines exactly what the influencer is expected to do, including:

• Number and type of posts (Reels, Stories, YouTube videos, etc.)

• Platforms (Instagram, YouTube, LinkedIn, etc.)

• Timeline and deadlines for each deliverable

Why it matters: Prevents ambiguity and ensures performance standards are measurable.

2. Compensation and Payment Terms

This clause should cover:

• Fixed fee, milestone payments, or performance-based bonuses

• Mode of payment and payment schedule

• Reimbursements (if any) for travel, props, production, etc.

Why it matters: Sets financial expectations clearly and avoids disputes over money.

3. Content Rights and Usage

Specify whether the brand has rights to:

• Repurpose the influencer’s content for ads or other media

• Use the content after the campaign ends

• Modify or edit the content

Why it matters: Without proper rights, brands may not be able to legally reuse the content they've paid for.

4. Compliance with Laws and ASCI Guidelines

This clause should obligate the influencer to:

• Disclose paid partnerships clearly (e.g., #ad, #sponsored)

• Avoid misleading or unverified claims

• Follow ASCI’s 2023 Influencer Guidelines and Consumer Protection Act, 2019

Why it matters: Regulatory violations can trigger penalties for both influencer and brand.

5. Moral Clause & Reputation Management

Brands may terminate the agreement if the influencer:

• Is involved in public controversies

• Posts offensive or inappropriate content

• Damages brand image

Why it matters: Protects the brand from reputational fallout.

6. Termination & Takedown Rights

This clause should clarify:

• Circumstances under which either party can terminate

• Timeline and obligations post-termination (e.g., content deletion)

Why it matters: Ensures smooth exit from the partnership and safeguards ongoing brand value.

7. Indemnity and Liability

Influencers must indemnify the brand for:

• Legal claims from third parties (e.g., IP infringement)

• Regulatory fines due to non-compliance or misrepresentation

Brands may also indemnify influencers if product defects or false instructions from the brand cause legal trouble.

Why it matters: Allocates legal risk fairly and sets out financial responsibilities in case of breach.

Conclusion

An influencer agreement is not just a formality—it’s the backbone of a transparent, compliant, and productive collaboration. Whether you’re a rising influencer or an established brand, ensure your contracts reflect current legal realities and protect both creative and commercial interests.