11 Key Contract Clauses Creators Should Use for Higher Profits

New creators often approach brand partnerships unaware of the many additional services and rights they can and should pay for in their deals. Beyond the basic deliverables outlined in a contract, elements such as usage rights, exclusivity and reshoots are all valuable services creators bring to the table. These factors may and should require additional fees. The reality is that brands often include terms that go beyond content creation itself, and it’s up to creators to negotiate fair compensation.

It is important to remember that contracts are negotiable. If a term doesn’t seem fair to both the brand and the creator, creators can “red-line” their agreement (marking the contract with proposed changes before signing) to request modifications. Creators can consult with a lawyer or manager to make sure the agreement reflects their value and protects their rights.

1. Rights of use

Usage rights allow brands to repurpose a creator’s content for other marketing purposes, such as paid advertising or website use. Since this expands the value of the work beyond its original intent and allows the brand to benefit from a creator’s work and likeness, it should always be an additional fee to the original contracted price.

According to Eden Marquis, Founder of Quis Agency, the industry standard for paid usage is “typically 20-30% of the estimated campaign fee per month.” For whitelist or boosted ads, this percentage can increase to 30-35%.

Travel influencer Megan Varela (@meganelisevarela, 70k Instagram followers) also notes that she typically charges about 30% of the base rate for a 30-day period for organic usage.

Without charging for usage rights, creators risk undervaluing their content while brands maximize their reach and profitability. Always clarify the duration and platforms covered by the usage rights to ensure proper compensation.

2. Exclusivity

Franchise agreements prevent creators from working with competitors during a certain time frame. This limitation limits future earning potential and must be compensated accordingly.

Mikayla McMahon, social media manager at Wild Dunes Resort, explains, “If we’re asking for exclusive use of content—meaning the creator can’t license it elsewhere or create similar content for competing brands—we consider that a premium add-on and we can increase the fee from 50-100% of the base fee, depending on the terms of the franchise.”

Varela confirms that this rate is what she usually sees when working with brands. “The franchise is about 80% of my base rate,” she notes. The length of the exclusivity period and the number of excluded competitors will affect the added cost. Brands must pay for the opportunity cost of closing a creator’s endorsement.

3. Registrations and Modifications

Creators may also note the term “reshoot” or “edit” in their agreements. While an edit may change a small part of the video, such as text on the screen or a small part of a sound, a replay requires the creator to start over with the video or photo content.

While minor modifications are often included in single-limit contracts, significant reshoots usually incur additional fees. It regenerates time, effort and potential additional resources, making them a premium service. Creators can set clear boundaries beforehand, such as including a certain amount of reshoot edits in the base rate and charging extra beyond that.

Plus size fashion designer Zoie Kearney (@curvesbyzo_, 63k+ Instagram followers) typically includes a free reshoot and then adds a 10% fee on top of the contracted delivery fee for each additional reshoot.

This ensures that the partnership remains efficient while protecting creators from doing too much extra work for free. By outlining reshoot and editing fees in advance, both parties can avoid miscommunication and delays.

4. Virality Clause

A virality clause allows creators to benefit from higher-than-expected performance, such as a post that goes viral or exceeds agreed upon metrics. This may include a bonus payment linked to specific milestones, such as a certain number of views, clicks or conversions.

Including a virality clause aligns with the interests of the creator and the brand. It incentivizes creators to produce high-performing content while ensuring they are rewarded for delivering exceptional value.

5. Late fee

Late payments are a very common issue in the creative economy. Adding a late fee clause ensures that brands prioritize timely payments. Ritisha Keswani, Founder and Head of Talent at MEHR QQ mentions that they typically charge “from 10-15% for a 3-month delay to 8-10% for a one-month delay.”

Varela charges about 5% per month in late fees for one brand’s late payment, which she plans to increase to be more in line with industry standards. Kearney gives the brand a one-week grace period and then charges 10% of the contracted fee as a late fee. This fee holds brands accountable while protecting creators’ cash flow.

6. Kill charge

A kill fee compensates creators if a project is canceled after they’ve already invested time and resources. It is usually a percentage of the original fee, often ranging from 25-50%. This ensures that creators are not penalized for changing a brand’s plans, especially when they have blocked time on the project and turned down other opportunities.

7. Rush charge

Brands often demand accelerated timelines, requiring creators to prioritize their project over others. This premium service requires an additional fee, usually 25-50% of the original fee, depending on the urgency.

The industry standard turnaround time for content is typically about two weeks from the date a creator receives the product in hand. Many creators pay significantly for any partnership that requires quick, such as Varela, who considers “rushing” anything less than a week or on a holiday weekend.

Keswani mentions that rush charges are highly dependent on the situation. For example, how busy a creator’s sponsorship calendar is and how much talent wants to work with them. “Most of the offers that have come our way have been within similar timeframes of 2-3 weeks, so it hasn’t always been something we’ve had to quantify.”

Setting boundaries around rush requests prevents burnout and ensures creators are adequately compensated for extra effort.

8. Platform Cross-Posting

If a brand wants contracted products to be shared across multiple platforms, creators must pay extra for the added exposure and effort. For example, posting on Instagram, TikTok, and YouTube takes more time to optimize captions, hashtags, and formats.

Cross-posting fees can range from 20-50% of the base fee per platform. Both Varela and Kearney typically charge 50% of their typical fee to post content on another platform. Brands benefit from greater reach, so creators should consider the additional value provided.

9. Raw footage

Brands can request raw, unedited content to repurpose for their campaigns. Since this material has significant value and can be repurposed in other ways that brands can make money from, creators must pay a price for publishing it.

Fees for raw footage can vary, but often range from 25-100% of the base fee. Kearney typically charges its brand partners 30% per month for the use of raw content. Creators should ensure that they are clear about how visuals can and cannot be used.

10. Travel and accommodation expenses

When a campaign involves travel, creators may require the brand to cover related expenses, including flights, hotels, meals and incidentals. Creators can also charge a daily fee for time spent traveling. These costs ensure that creators are not financially burdened while meeting brand requirements.

As a travel creator, this is a cost Varela often includes in her brand partnership deals. Typically, she requires that required travel and accommodations be covered by the brand or reimbursed to her by the brand when she is required to be out of her county. She was paid up to $1,000 for overseas travel.

11. Product Sourcing Fees

Many creators charge a source fee if a campaign requires creators to purchase specific props, clothing, or products. This offsets the time spent researching, purchasing and coordinating these items.

Typically, ancillary fees are billed as a flat rate or an hourly rate. By outlining this up front, creators ensure transparency and fair payment for their efforts.

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Negotiating additional fees for products and services isn’t just fair—it’s essential to ensure creators are compensated for the full scope of their work. By understanding the value of their time, skills and resources, creators can approach brand partnerships with confidence, setting themselves up for long-term success.

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