Social Media & Influencer Solicitor

Before you approach an influencer and agree to work together, it is important that you first understand the legal requirements that cover this type of arrangement. The UK CAP Code explains the rules and responsivities that need to be followed when using an influencer for your marketing. Some of the most important points from the CAP Code include the following:

• Any advertising or marketing have to be honest and avoid misleading the audience.
• You have a duty of care to consumers and should not create or share content that is harmful or offensive.

Before you agree to work with an influencer, it is wise to seek advice from influencer solicitors to ensure that your arrangement is legal, compliant and adheres to the CAP Code. It is also important to note that both you and the influencer you work with are responsible for any advertising that is shared, making it important that everything is properly planned and agreed upon before it is published online.

If you are an influencer, then it is also important for you to get the right advice and support before entering into an agreement with a business. A social media solicitor can review your offers of work and oversee the creation of agreements so that you can be confident that you are entering into a solid advertising relationship.

When you have agreed on a working relationship with a brand, then you must adhere to the CAP Code requirements to ensure that you do not mislead your followers. One of the biggest problems influencers have is when they do not make their posts clear enough and so you should always be as honest as possible in your posts, not claiming to have used a product if you haven’t, telling your

audience that you are advertising for a company and never claiming to have received something as a gift if you have purchased it or if you are advertising it. Knowing your legal responsibilities may seem daunting, but influencer solicitors are there to help you understand your responsibilities and ensure that you get the best deal each time you enter into an agreement with a company.

As you will be aware, brand deals are a huge part of influencing and it is important for you to manage the partnership between your client and the Company. A brand deal may seem like the best opportunity for your client, but contracts should always be reviewed and negotiated before signing on the dotted line.

Brand ambassador or influencer contracts can often contain restrictive obligations on your client, which will limit the content your client can ultimately post. Contracts often stipulate that an influencer can only advertise that specific brand. Your client will be prevented from advertising any associated brands, for example other clothing brands. It is important to weigh up the options available to your client. Sometimes a long-standing partnership with a brand works best for your client, but other clients may prefer the freedom to promote multiple companies.

Contract provisions can also include a claim over your client’s content, payment for content and publicity obligations. Therefore, it is important that you understand your client’s obligations under the contract before signing.

At Carter Bond Solicitors, we can advise you on the contract terms and negotiate with the Company to reach a position that is favourable to your client.

Before coming to an agreement with an influencer or their agent, you should ensure you have a written contract that stipulates the terms of your agreement. A written contract will offer you better protection, as you can include provisions that protect your intellectual property, state the influencer’s obligations that they must adhere to, and the terms of payment.

The purpose of a commercial contract is to prevent ‘having the benefit of hindsight’. Contracts should be ‘future-proof’, making allowances for those unexpected changes in business relationships. At Carter Bond, we recognise the importance of your business, brand, and product. This is why we plan ahead. We understand that social media can be tricky, and unexpected negative press can be damaging for businesses. A well-drafted contract can offer you considerable protection in the event your business relationship with the influencer or agent breaks down.

Many ask us ‘what’s different about you?’ and we like to reply, ‘because we go the extra mile’. We see our work as building and maintaining good business relationships rather than just earning fees. How we do this is by keeping in constant contact with our clients and intermediaries. From pre to post instruction we ensure that our clients are informed of all legal issues that may impact their business and therefore lives. That is why we provide daily or weekly updates to ALL of our clients whether there is anything to tell them or not (we don’t charge for this we just see it as part of our service). We like our clients to rest peacefully knowing that when we are instructed, and we say ‘we will take it from here’ they know we mean it.

The world is changing, and many individuals are realising that lifestyle is as vital to them as is income. We are the lucky ones who can hand pick lawyers who can provide the best quality advice but at outer city costs. Our offices are in North West London which may not be the most salubrious in the market but at the same time this allows us to charge our clients for what they pay for, our advice NOT our office space.

ALL our lawyers have previously worked in large city-based law firms and continue to practise and offer  the same high level service  they provided to clients in the City but without the pressure and demands often dictated by City law firm. This allows us to be competitive on our fees without compromising our service.

All in all, our clients win, which is the way we like it.

All our clients benefit from the same high level of care and attention whether the instruction is big or small. At the outset of each matter, we discuss the entire process with our clients, including the costs, potential outcomes and issues associated. This is to ensure clients are fully aware, knowledgeable and are in control always. Supporting and ensuring we provide the highest level of services, we offer our constant contact process with the partner or barrister leading  your file, a document log in for matters which are for larger and more complicated instructions and on-going support post transaction should our clients require it. Our aim is not just to get the work done, but to make our clients’ lives easier as we do it, which is why we ensure that our clients have regular access to the resources they need from us.