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The Contract Playbook
The Contract Playbook episodes
- 021: Termination Provisions: How to Protect Yourself When Campaigns Get Canceled
In this episode of The Contract Playbook, we’re diving into termination provisions—critical clauses that protect influencers when brands cancel campaigns. Learn:
- What termination provisions are and why they matter.
- Key elements to include, like notice requirements and compensation for work completed.
- How to handle cancellations, including negotiating fair payment for completed work.
We also explore a real-life scenario of a campaign canceled at the last minute and how to navigate this common challenge. Don’t let a lack of clear contract terms cost you time and money. Tune in for practical tips to safeguard your work and get paid fairly!
🎧 Listen now and subscribe for weekly contract insights tailored for creators and influencer talent managers!
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.
15 min - 024: Wrapping Up with Closing Clauses
In this season finale of The Contract Playbook, we’re breaking down closing clauses—those often-overlooked sections at the end of a contract that play a crucial role in keeping agreements enforceable.
This episode covers:
- Severability: Ensures the contract remains valid if a clause is unenforceable.
- Notices: Defines how formal communications must be sent.
- Modification/Amendments: Governs how changes to the agreement can be made.
- Jurisdiction: Specifies which state or country’s laws apply to the contract.
While these clauses may seem minor, they’re essential for clarity and protection in influencer-brand agreements.
Missed earlier episodes? Go back and catch our deep dives into other tricky boilerplate clauses like indemnification, termination, force majeure, and work-for-hire provisions.
Ready for more support? Join the waitlist for The Contract Collective™, where you’ll get tools and resources to confidently negotiate your brand deals.
Links:
- Join The Contract Collective™ Waitlist
- Connect on LinkedIn
- Subscribe to The Contract Playbook
Keep negotiating and protecting your work!
11 min - 022: When the Unexpected Happens: Force Majeure in Influencer Contracts
In this episode of The Contract Playbook, we explore force majeure clauses—the provisions that protect creators when unforeseen events disrupt brand collaborations.
Topics covered include:
- What force majeure clauses are and why they’re crucial.
- How they apply to situations like the potential U.S. TikTok ban.
- Key elements to include, like scope, notice requirements, and alternative deliverables.
- Tips for negotiating stronger protections in your contracts.
If you’re an influencer or talent manager navigating unpredictable times, this episode is a must-listen.
🎧 Tune in now and subscribe for actionable contract advice!
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.
14 min - 023: Work-for-Hire: How to Secure Ownership of Your Creative Work
In this episode of The Contract Playbook, we’re breaking down work-for-hire clauses—what they are, why brands include them, and why they can be a red flag for creators.
Topics covered include:
- The impact of work-for-hire clauses on content ownership.
- Common errors in brand contracts, like combining work-for-hire with usage terms.
- How to negotiate alternative terms that protect your intellectual property.
If you’ve ever wondered how to safeguard your rights in brand deals, this episode is a must-listen!
🎧 Tune in now and subscribe for more actionable contract advice.
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.
14 min - 020: Navigating Dispute Resolution Clauses
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.
12 min - 019: Covered or Not? The Importance of Insurance in Brand Partnerships
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.
11 min - 018: Limitation of Liability: Protecting Your Creators from Excessive Risk
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.
10 min - 017: Indemnification: How to Negotiate and Cover Your Bases
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!
9 min - 016: Behind the Boilerplate: Negotiating Every Clause in Contracts
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!
9 min - 015: Mastering Influencer Marketing: Insights and Strategies from Johanna Voss
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
55 min
About The Contract Playbook
From the publisher's feed
The Contract Playbook is your on-the-go resource for tackling contracts in your online creator business. Each week, we'll dive into topics that will help you navigate, simplify, and negotiate…
contracts in the ever-evolving online landscape.