Reading an influencer agreement clause by clause: a checklist for Canadian creators

Brand templates are written to protect the brand. That’s not a criticism; it’s the brand’s job. A creator’s job is to read each clause and decide what it’s worth. Here’s a working order for that read.

This post is general information, not legal advice.

1. Parties

Who are you contracting with: the brand, its agency or a creator marketplace? If it’s an agency, check whether the brand is bound and who you can chase for payment. If you operate through a corporation, the contract should name the corporation, not you personally.

2. Deliverables and approvals

A workable schedule lists, for each deliverable:

• platform and format, such as a feed post, Reel, TikTok, Story or YouTube integration;
• length or minimum on-screen time;
• draft due date, the brand’s review window and the go-live date;
• how many rounds of revisions are included, and the rate for extra rounds.

Add a deemed approval rule: if the brand doesn’t respond within a set number of business days, the draft is approved.

3. Payment

Break the fee into line items: content creation, organic posting, paid usage, whitelisting and exclusivity. If the brand later wants to extend usage, you’ll already have a price. Also check the currency, the due date (a set number of days from invoice or posting), a deposit for larger deals, a kill fee if the brand cancels after you’ve started, and any “pay when paid” wording that ties your payment to the agency being paid.

The CRA’s guidance says creators must report non-monetary income, such as gifted products and trips. If you’re registered for GST/HST, say fees are plus applicable taxes.

4. Usage rights

Under section 13(4) of the Copyright Act, an assignment of copyright, or a grant of an interest in it by licence, is only valid if it’s in writing and signed by the owner or the owner’s authorized agent. (A non-exclusive permission can sometimes be implied from conduct, which is one more reason to spell the scope out.) That makes this clause the legal core of the deal. Check:

• Licence or assignment. A licence lets you keep ownership; an assignment transfers it.
• Channels. Organic only, or also paid ads, website, email, in-store and app stores.
• Term and territory. A number of months and named countries, rather than “perpetual” and “worldwide.”
• Moral rights. Under section 14.1 they can’t be assigned, only waived. If the brand wants a waiver, limit it to the edits it needs.

Running ads through your own handle is whitelisting. Treat it as a separate right, with its own fee and end date. See usage rights and moral rights.

5. Exclusivity

Exclusivity can block more income than any other clause. Ask for named competitors or a tight category rather than “any similar business,” a short window that starts at the first post, carve-outs for existing partnerships you disclose, and a fee that reflects the deals you’ll turn down.

6. AI and likeness

Look for broad grants over your “name, image, likeness and voice,” rights to make “derivative works” or permission to use content “to develop or improve technology.” Together, those can let a brand train on your content or make a synthetic version of you. Ask for:

• no use of your content as AI training data;
• no synthetic voice or likeness without a separate signed agreement and fee;
• approval of any AI-assisted alteration, dubbing or translation;
• clarity on who adds any AI disclosure. Ad Standards’ October 2025 guidelines say AI-generated or significantly altered images showing a product’s benefits should be disclosed.

Expect a request in return: that you tell the brand if you used AI tools, and that you have rights to any music, fonts or stock assets in the content.

7. Disclosure and claims

The Competition Bureau expects creators to disclose every material connection, and that duty is yours even if the brand forgets. A fair compliance clause gives each side what it can control: you use the agreed disclosure in the agreed place; the brand supplies the product claims and the evidence behind them; you describe only experiences you’ve actually had; each side’s indemnity covers its own failures. Push back on wording that makes you responsible for “compliance with all laws” for claims the brand wrote.

8. Ending the deal

A morals clause should have an objective trigger, require the brand to act reasonably and pay you for work delivered. Check termination for convenience, what happens to posts already live, and whether confidentiality lets you mention the partnership in your media kit after launch. Check the governing law clause: an Ontario creator usually wants Ontario law.

Quick reference

• Right parties, including your corporation.
• Deliverables, review windows and deemed approval.
• Line-item fees, deposit and kill fee.
• Licence, channels, term and territory in writing.
• Narrow, paid exclusivity.
• No AI training or digital replicas without separate consent and payment.
• Disclosure duties and claim responsibility split fairly.
• Reasonable morals and termination terms.

See also our guide to creator and brand agreements.

We review and draft brand deal contracts and content licensing agreements at fixed fees, listed on our fees page. If there’s an influencer agreement on your desk, book a free 15-minute consult.