7 Pitfalls to Avoid in Influencer Marketing Agreements

Influencer marketing no longer looks like the early days of gifted products and casual mentions. Brands now run multi-platform campaigns, experiment with AI-generated personas, and navigate a regulatory environment that grows more complex every year. The work is more serious, the money is larger, and the agreements that hold these partnerships together need to match that reality.

After reviewing many influencer deals and watching where they break down, we want to outline the issues that most often create friction between brands and creators. Whether you are a startup launching your first campaign or a creator negotiating your hundredth, these are the pitfalls worth avoiding.

1. Vague Deliverables and Timelines

The number one source of disputes is simple. No one wrote down what the influencer was actually supposed to deliver.

“Create some content promoting our product” is not a deliverable. “Post about us on Instagram” is not one either. These descriptions leave too much room for interpretation. The brand imagines a polished 60-second video. The influencer produces a 15-second Story. Both sides feel the other has not held up their end.

A proper agreement spells out the number of posts, the format, the platform, any required tags or disclosures, timing, and how long the content must stay live. Many brands forget about the Minimum Post Availability Period. If a sponsored post disappears after a few days, the campaign loses most of its value.

The fix is simple: be specific. For example, one Instagram Reel of at least 30 seconds, one carousel post with three or more images, two Stories with links, published within seven days of receiving the product and kept live for at least 90 days.

2. Unclear Intellectual Property Rights

Who owns the content, who can use it, and for how long are questions that create more confusion than almost anything else. Influencers create the content, but brands typically pay for it. When the agreement is silent or ambiguous, both sides end up in a gray zone. Most templates default to the influencer keeping ownership while giving the brand a license to use the content. That works only if the license terms are spelled out.

Can the brand use the content in paid ads? Can it appear on a billboard? Can the brand edit or adapt it? Can the brand give it to retailers or partners? Is the license perpetual or limited to a specific timeframe? These details matter. Many influencers are comfortable with organic reposting but not with their face appearing in large paid media placements. Many brands think they have permanent rights when they only have 12 months.

The agreement should define the license in plain terms. Specify whether it is exclusive or non exclusive, worldwide or limited, perpetual or time bound, and whether it allows modifications, sublicensing, and paid media use.

3. Ignoring FTC Disclosure Requirements

The Federal Trade Commission requires clear disclosure of material connections between advertisers and endorsers. This isn’t optional, and it isn’t just a formality — the FTC has brought enforcement actions against both brands and influencers for inadequate disclosures.

The rules are stricter than most people think. The disclosure must be easy to notice, placed where viewers will see it, and aligned with the format of the content. A “#ad” buried at the end of a stack of hashtags often doesn’t qualify. The disclosure should appear at the beginning of the caption, visible before tapping “more,” and included in the video itself for video content.

Many agreements reference FTC compliance in general terms but don’t specify exactly what disclosures are required. This puts both parties at risk. The brand faces regulatory exposure, and the influencer faces personal liability.

A well-drafted agreement should require specific disclosure language (”#Ad,” “#Sponsored,” or equivalent), specify placement (beginning of caption, within first few seconds of video), and require compliance with platform-specific disclosure tools where available.

4. Overlooking AI and Synthetic Media Issues

AI and virtual content are reshaping the landscape, yet most older templates say nothing about them. Virtual influencers have millions of followers. Creators use AI tools to generate or enhance photos and videos. Brands use synthetic media for campaigns. This raises new legal questions.

Who owns AI-generated assets? Does the influencer have a valid license for the AI tools they use? What happens if the AI model was trained on copyrighted material? Do any disclosure requirements apply? What if the AI generates a likeness of a real person?

Regulators are already reacting. Several states have proposed or adopted rules requiring disclosure of synthetic media. The FTC has expressed concerns about deceptive AI-generated endorsements. Social platforms are building their own labeling systems.

An agreement signed today needs to address AI usage explicitly. This includes requiring disclosure if AI tools are used, ensuring the influencer has proper licenses for any AI tools, prohibiting use of AI to impersonate real people without consent, and requiring compliance with emerging synthetic media disclosure requirements.

5. Weak Exclusivity Terms

Exclusivity is another area where vague language creates problems.

Brands want to protect their investment. Influencers want freedom to work with others. Trouble usually starts with phrases like “competing products,” which mean different things to different people. Does a skincare exclusivity clause block all beauty products or only direct competitors? Does exclusivity cover only paid content or organic mentions too? Does it apply only during the campaign or after it ends?

The agreement should define the category with precision, set the timeframe, and describe what types of content are restricted. When exclusivity is broad, a non compete premium may make sense.

6. Inadequate Termination Provisions

Every relationship ends eventually. Campaigns shift. Influencers change direction. Brands reallocate budgets. The agreement must anticipate these moments.

Key questions often go unanswered. What happens to published content if the agreement ends early? Does the influencer get paid for completed work that has not yet gone live? Can either side terminate for convenience, or only for breach? How much notice is required?

The agreement should also state which obligations continue after termination. Confidentiality, IP licenses, and indemnification usually survive, but only if the contract says so. Without clarity, one side might assume confidentiality ends while the other assumes it lasts forever. A clear termination section addresses payment for completed work, the handling of unpublished content, surviving obligations, and any post termination requirements.

7. Missing Approval Rights

Brands often assume they'll have the opportunity to review and approve content before publication. Influencers often assume they have creative freedom. Both assumptions lead to conflict when they’re not documented.

The agreement should address the approval process explicitly. Does the brand have the right to review content before posting? What’s the turnaround time for approval? Can the brand require revisions? How many rounds of revision? What happens if the parties can't agree on content?

This is about expectations as much as legal rights. Some brands want final approval over every piece of content; some influencers won’t work under those conditions. There’s no universal right answer, but there should be a clear answer in each agreement.

The flip side is the influencer’s right to maintain their authentic voice. Some agreements include provisions protecting the influencer’s creative discretion within agreed parameters, ensuring that brand approval doesn’t become brand authorship.

How to Protect Yourself

Whether you are a brand or a creator, the same rules apply. Read every agreement carefully and adapt templates to your specific deal. Pay close attention to IP, exclusivity, payment, and termination terms, and document everything from briefs to approvals.

Regulations change, so stay current with FTC rules and platform policies. Bring in legal help when the stakes are high. Influencer marketing is a core channel for many brands, and the agreements behind it should be treated with that level of importance.

At Skala, we created an Influencer Marketing Agreement template that addresses these common issues, including modern terms for AI generated content and synthetic media. It provides a strong foundation for both brands and creators, but like any template, it works best when adapted to the specifics of your deal.