The Contract Playbook

In this episode of The Contract Playbook, we dive into the essential boilerplate provision of dispute resolution clauses in influencer brand deals. Host Casey Handy-Smith, Esq. unpacks what these clauses are, why they’re important, and how they can save you from costly legal conflicts. Through a real-life story from The Contract Collective™, Casey shares how one influencer agency dealt with a missing dispute resolution clause, why brands sometimes leave this out, and what creators and talent managers should watch for in similar situations. Key Takeaways: What is a Dispute Resolution Clause? A dispute resolution clause defines how disagreements between parties will be handled, outlining a clear, structured process that helps both parties avoid unnecessary legal battles. Types of Dispute Resolution: Mediation: A flexible, collaborative approach where a mediator helps both sides reach an agreement. Arbitration: A more formal process, often binding, with a neutral arbitrator making a decision. Litigation: The traditional court process, typically used as a last resort due to its cost, time, and public nature. Why Include a Dispute Resolution Clause? These clauses provide a roadmap for resolving issues, save time and costs, and help maintain a good working relationship between influencers and brands. How to Negotiate Dispute Resolution Clauses: Make your preferred method (like mediation) known to the brand early. Be open to compromise with brand preferences while ensuring protection for your client’s interests. Document discussions if the clause is missing or disputed, creating a record of your negotiation. Real-World Example from The Contract Collective™: Hear how one influencer agency handled a contract missing a dispute resolution clause, why the brand preferred to keep it out, and how they worked through it. Links & Resources: The Contract Collective™ – Join the membership for access to our AI-powered Influencer Agreement Playbook and a supportive community of influencer talent managers and creators. Boss Contract Society – Find lawyer-drafted contract templates to protect your business and intellectual property. Connect with Casey on LinkedIn – Stay up to date with more contract tips and insights from the entertainment and influencer marketing worlds. Subscribe & Review: Enjoying the show? Be sure to subscribe to The Contract Playbook so you don’t miss any episodes, and please take a moment to leave a review. Your feedback helps us reach more listeners and build a community of informed, empowered negotiators.

In this episode of The Contract Playbook, we continue our journey through boilerplate provisions by tackling a topic that’s becoming increasingly relevant for influencers: insurance provisions. Casey breaks down why brands often include insurance requirements in influencer contracts, how these provisions complement indemnification clauses, and whether influencers need insurance at all. We discuss the types of risks influencers face—from intellectual property claims to potential data breaches—and explore practical steps to take if you don’t currently have insurance. Plus, Casey shares strategies for negotiating insurance requirements, including requesting a grace period for obtaining coverage or adjusting the indemnification language to protect both parties. Key Takeaways: The purpose of insurance provisions in influencer contracts and how they relate to indemnification clauses. Types of risks influencers may face and why brands may require insurance. Strategies for handling insurance requirements if you’re uninsured, including negotiating timelines or alternative protections. Links to insurance resources tailored for influencers and creators are available in the show notes. Resources Mentioned in This Episode: Insurance for Influencers Founder Shield Open Influence Other Resources: The Contract Collective™ – Join the membership for access to our AI-powered Influencer Agreement Playbook and a supportive community of influencer talent managers and creators. Boss Contract Society – Find lawyer-drafted contract templates to protect your business and intellectual property. Connect with Casey on LinkedIn – Stay up to date with more contract tips and insights from the entertainment and influencer marketing worlds. Subscribe & Review: Enjoying the show? Be sure to subscribe to The Contract Playbook so you don’t miss any episodes, and please take a moment to leave a review. Your feedback helps us reach more listeners and build a community of informed, empowered negotiators.

Summary: In this episode, we take a deep dive into limitation of liability provisions —another key boilerplate clause that works closely with indemnification to manage financial risk in influencer contracts. We start by recapping the previous episode on indemnification and then explore what limitation of liability means, why it’s crucial for influencer talent managers, and how it can protect creators from potentially devastating financial exposure. Join us as we discuss: What limitation of liability provisions are and why they’re essential for managing risk in contracts. How limitation of liability and indemnification clauses work together to cap liability for influencers. The types of damages influencers could be liable for without limitation of liability provisions and why it’s important to narrow the scope to direct, predictable damages. Tips for negotiating these clauses with explanatory comments, including insights from Nada Alnajafi’s book Contract Redlining Etiquette on the persuasive power of using the word “because” in redline comments. Key Takeaways: Defining Limitation of Liability: This provision caps the amount of financial exposure one party has, ensuring that even if something goes wrong, liability remains manageable. Working with Indemnification: Indemnification shifts risk, and limitation of liability controls that risk, ensuring creators aren’t left responsible for unlimited damages. Narrowing the Scope of Damages: Limiting liability to direct, economic damages helps avoid unforeseen or speculative losses, which could bankrupt an influencer if left unchecked. Using Explanatory Comments: When making substantive changes to a contract, include clear explanations to improve the chances of acceptance. Studies show that redlines with well-reasoned comments are more likely to be accepted by the other party. Links & Resources: The Contract Collective™ – Join the membership for access to our AI-powered Influencer Agreement Playbook and a supportive community of influencer talent managers and creators. Boss Contract Society – Find lawyer-drafted contract templates to protect your business and intellectual property. Contract Redlining Etiquette by Nada Alnajafi – Learn more about effective redlining techniques to improve your negotiation skills. Connect with Casey on LinkedIn – Stay up to date with more contract tips and insights from the entertainment and influencer marketing worlds. Subscribe & Review: Enjoying the show? Be sure to subscribe to The Contract Playbook so you don’t miss any episodes, and please take a moment to leave a review. Your feedback helps us reach more listeners and build a community of informed, empowered negotiators.

Summary: In this episode, host Casey Handy-Smith dives into the world of indemnification provisions. Clauses that may seem standard but hold significant weight in influencer contracts. We recap the first episode, which set the stage for understanding why boilerplate terms should never be overlooked, and then focus on what indemnification clauses are, why they matter, and how you can negotiate them effectively to protect your creators. Join us as we break down: What indemnification provisions really mean and why they’re essential in influencer marketing. How indemnification clauses work in the real world, including a common example where an influencer could face legal exposure if they use unlicensed music in their content. Why indemnification clauses are typically one-sided in favor of brands —and why it’s crucial to limit the scope of liability for creators. Tips for negotiating these clauses using explanatory comments to help brands understand the reasoning behind your redlines and increase the likelihood of approval. Key Takeaways: Understanding Indemnification: Indemnification clauses shift risk and responsibility, holding your creators’ liable for certain actions or claims. They’re a powerful tool but can lead to significant financial exposure. Application in Influencer Marketing: Indemnification clauses often come into play when influencers use content—like music—that hasn’t been cleared. Without proper negotiation, these clauses can leave influencers vulnerable to unexpected liability. Limiting Liability: These clauses are often one-sided, so it’s essential to limit your client’s liability to relevant claims, such as intellectual property infringement and defamation, while excluding unreasonable terms. Explanatory Comments: When negotiating substantive changes, include clear, concise comments explaining your redlines. This can make it easier for the brand to understand and accept your proposed changes. Links & Resources: The Contract Collective™ – Join the membership for access to the AI-powered Influencer Agreement Playbook and a private community of influencer talent managers and creators dedicated to negotiating stronger contracts. Boss Contract Society – Discover a range of lawyer-drafted contract templates designed to protect your business and intellectual property. Connect with Casey on LinkedIn – Stay connected and get more contract insights and tips. Subscribe & Review: If you found today’s episode valuable, be sure to subscribe to The Contract Playbook and leave a review. Your feedback helps others find the show and join our community of informed, empowered negotiators!

Summary: Welcome back to The Contract Playbook! This season, we’re diving deep into the so-called “boilerplate” provisions found in nearly every contract. These aren’t just filler terms—they’re crucial clauses that shape the deal and impact your clients. Join host Casey Handy-Smith, an experienced Entertainment and IP attorney, as she debunks the myth of the boilerplate and explains why these terms should never be ignored. In this episode, we set the stage for the season by tackling common misconceptions about boilerplate clauses and why it’s essential to negotiate them. We discuss why brands may resist changes to these provisions and how to approach these negotiations without feeling discouraged. Key Takeaways: The Myth of the Boilerplate: Boilerplate provisions are often misunderstood as standard and unchangeable, but each clause has the potential to affect your deal significantly. Why Brands Resist Change: Brands prefer to stick with their templates to avoid disrupting their processes, but this doesn’t mean you shouldn’t ask for changes. A brand’s unwillingness to negotiate these terms isn’t a reflection on your abilities as a negotiator. The Danger of Vague Language: Vague clauses are risky and open the door to misinterpretation. Never settle for unclear terms. Listen to a story about how a simple clarification on an indemnification clause helped one of our members limit their creator’s liability. Asking the Right Questions: Understand the stakes and potential risks for your client by asking key questions about the purpose of each clause. Legal support is invaluable for identifying these risks and negotiating stronger contracts. Links & Resources: The Contract Collective™ – Access the AI-powered Influencer Agreement Playbook and join a community of influencer talent managers and creators who are leveling up their negotiation skills. Boss Contract Society – Check out our selection of lawyer-drafted contract templates designed to protect your business and IP. Follow Casey on Instagram – Stay connected and get more insights on navigating contracts in the entertainment and influencer spaces. Subscribe & Review: If you enjoyed this episode, be sure to subscribe to The Contract Playbook so you don’t miss a single episode. Please take a moment to rate and review the podcast—it helps more people discover our show and join the community!

In this Season 2 closer, we sit down with Johanna Voss, an award-winning Influencer Talent Manager and Influencer Talent Manager coach, to delve into her 13-year journey in the influencer marketing industry. Johanna shares her experiences, insights on industry evolution, negotiation strategies, and tips for aspiring talent managers. Whether you’re an influencer, a brand, or someone looking to break into the industry, this episode is packed with valuable takeaways! Resources Mentioned: Johanna Voss’s Website - Learn more about Johanna’s work and coaching services. Follow Johanna on LinkedIn - Connect with Johanna on LinkedIn for more insights and updates. Connect with Us: LinkedIn: https://www.linkedin.com/in/caseyhandysmith/ Instagram: @contractcasey

In this episode, we explore the crucial role of morals clauses in influencer brand deals. Discover what morals clauses are, how they impact influencers, and how to negotiate mutual morals clauses that promote fairness for both parties. Key Points: Definition and purpose of morals clauses Challenges with subjective interpretation and power dynamics Tips for negotiating fair and transparent morals clauses Connect With Us: LinkedIn: https://www.linkedin.com/in/caseyhandysmith/ Instagram: @contractcasey

In this episode of The Contract Playbook, we explore the essential contracts every podcaster needs: Guest Release Forms: Learn why these forms are crucial for securing permission to use guest content and avoiding legal issues. Work-for-Hire Agreements: Understand how these agreements protect your ownership rights over created content like music and scripts. Podcast Sponsorship Agreements: Discover what should be included to ensure clear terms on payments, deliverables, and sponsor exclusivity. Listen to the full episode for more insights on navigating podcast contracts effectively! Resources: Podcast Guest Release Form TemplateWork-for-Hire Agreement TemplateSponsorship Agreement TemplateConnect With Us: LinkedIn: https://www.linkedin.com/in/caseyhandysmith/ Instagram: @contractcasey

In today’s episode, we explore the impact of work-for-hire clauses in influencer brand deals and their importance for online business owners. Key Points: Definition of Work-for-Hire: Contracts that transfer ownership of created work to the hiring party. Impact on Influencers: Loss of creative control, potential income, and brand image concerns. Importance for Online Business Owners: Clear ownership, flexibility in use, and cost management benefits. Resources: Work-for-Hire Agreement Contract Template Connect With Us: LinkedIn: https://www.linkedin.com/in/caseyhandysmith/ Instagram: @contractcasey

In this episode of "The Contract Playbook," we dive into the essential terms to include in an influencer talent management contract. Learn how to protect reputations, define the manager's authority, and handle post-term compensation. Whether you're a manager or an influencer, this episode will help you build a solid, clear, and fair contract to ensure a successful partnership. Key Points:  Protecting Reputations: Confidentiality Clauses Non-Disparagement Clause Exit Strategy Manager's Authority: Scope of Authority Limits on Authority Power of Attorney Post-Term Compensation: Sunset Clauses Future Opportunities Other Important Terms: Compensation and Expenses Term and Termination Dispute Resolution Exclusivity Resources: Talent Management Agreement Contract Template Connect With Us: LinkedIn: https://www.linkedin.com/in/caseyhandysmith/ Instagram: @contractcasey