Contract guide

Creator contract red flags

A brand contract is just the deal written down, and most of the friction hides in a few clauses. You don’t need a law degree to catch them. Here are the ones worth slowing down on, what each means, and what to ask for instead.

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A red flag doesn’t always mean walk away. Often it just means this is a term to negotiate before you sign. Read the whole thing, and pay closest attention where it talks about time (how long), scope (how widely), ownership (who keeps what), and money (when you get paid).

01 · EXCLUSIVITY

Exclusivity that's too wide or too long

An exclusivity clause says you won't work with competitors for a set period. Fine for a short window around a campaign. A problem when the category is vague ("the beauty industry" not "lip products") or the window is long, with no extra pay to match.

Every month of exclusivity is income you agree not to earn elsewhere. Broad and unpaid, you could turn down better deals for a fee that didn't account for it.

Ask for
A narrow, defined category and the shortest window that fits the campaign. Price anything beyond that.
02 · USAGE RIGHTS

Usage rights in perpetuity, or across “all media”

Usage rights decide where the brand can put your content and for how long. Watch two phrases: “perpetuity” (forever) and “all media” (everywhere). Together they let a brand run your face in paid ads and on billboards indefinitely, long after the post is old news.

Organic use on their channels is one thing. Paid ads, out-of-home, and open-ended terms are a much bigger license. Limit them in time and scope, and charge for them.

Ask for
A defined term (say, three or six months), a specific list of where it runs, and separate pay for paid amplification.
03 · IP OWNERSHIP

IP ownership or “work made for hire”

Some contracts don't license your content, they transfer ownership outright, often via “work made for hire” or “all rights, title, and interest.” Sign that and the brand can end up owning what you made; you may not be able to reuse it in your own portfolio.

There's a real difference between licensing your work and handing it over. A full transfer should be rare, deliberate, and paid for. The two phrases also aren't interchangeable: in the US, “work made for hire” only reaches commissioned work that falls into a short list of categories in the Copyright Act, which is why an assignment of “all rights, title, and interest” is usually sitting right next to it, doing the actual transferring.

Ask for
A license, not a transfer, with you keeping ownership and the right to use it on your own channels.
04 · PAYMENT TERMS

Net-60, net-90, and payment tied to “approval”

Payment terms tell you when you get paid. Net-30 means the money is due thirty days after a defined starting point, usually the invoice date; net-60 and net-90 push that to two or three months, and both are common with larger brands. Late payment is a frequent creator headache, so read them closely.

Watch for pay tied to vague conditions like “upon approval” with no deadline, which can leave payment unresolved forever. And check for a kill fee: what you're owed if they cancel after you've started.

Ask for
The shortest terms you can get (net-30 where possible), a clear payment date, not “on approval,” and a kill fee if they cancel.
05 · REVISIONS

Unlimited revisions and open-ended approvals

If a contract lets the brand request changes without limit, a single deliverable can turn into weeks of reshoots and edits for the same flat fee. “Until the client is satisfied” sounds cooperative, but it hands the brand an open tab on your time.

Feedback rounds are normal. Unlimited ones aren't. Without a cap, the effort you priced for one post can quietly balloon into three.

Ask for
A set number of revision rounds (two is a common cap), with anything beyond that billed as additional work.
06 · MORALITY

Vague morality or “conduct” clauses

A morality clause lets a brand end the deal, or claw back payment, if you do something that could “bring them into disrepute.” Some version of this is standard. The red flag is when it's broad and one-sided: worded so loosely that almost anything could count, with the brand as sole judge.

The risk is a brand walking away, and withholding pay for work you've already done, over something minor or subjective.

Ask for
Specific, defined conduct rather than vague language, a mutual version that also holds the brand to a standard, and protection for work already completed.
07 · INDEMNIFICATION

One-sided indemnification

Indemnification decides who covers the costs if something goes wrong, like a legal claim. A one-sided clause can make you responsible for problems that aren't yours, like a claim about the brand's own product you simply featured as directed.

It's a dense, easy-to-skip clause, which is exactly why it's worth a second read. You want to be on the hook for your own conduct, not for the brand's.

Ask for
Mutual indemnification, with your responsibility limited to your own content and conduct, not the brand's product or claims.

Reading a contract without a lawyer

You won’t always have a lawyer on call, and for smaller deals you may not need one. A quick, consistent pass catches most of the trouble:

  • Read the whole thing, slowly, before you reply. Skimming is where the costly clauses slip past.
  • Find every mention of time, scope, ownership, and payment, and make sure each is specific, not open-ended.
  • Highlight anything vague. “All media,” “in perpetuity,” “industry-wide,” and “until satisfied” are worth a question every time.
  • Match the pay to the ask. If the rights, exclusivity, or revisions grew, the fee should too.
  • Ask before you sign. “Can we adjust this clause?” is a normal, professional question, and good partners expect it.
  • For a big deal, or anything you don’t understand, get a professional to look. This guide is general information, not legal advice.

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