Brand Collaborations, Influencer Marketing & Ambassador Agreements

Brand ambassadors and influencers play an increasingly important role in many brands’ marketing strategies. Whether you are a business engaging with brand ambassadors or influencers, a talent agency managing creators or a content creator entering into a commercial partnership, clear contractual arrangements are essential.

We advise brands, agencies, platforms and creators on their commercial agreements with brand ambassadors and influencers, marketing collaborations and sponsorship arrangements. Our aim is to ensure campaigns are commercially successful, legally compliant and properly protect intellectual property, brand value and reputation. We also support clients with the wider legal and regulatory issues that arise in digital marketing campaigns, including advertising, promotions and data protection.

Why these agreements matter

Influencer and ambassador marketing can be highly effective but poorly drafted agreements can expose businesses and creators to legal, regulatory and reputational risk.

Common issues include:

  • Unclear ownership of campaign content
  • Failure to comply with advertising rules
  • Misuse of personal data
  • Disputes over deliverables, payments and exclusivity
  • Reputational and brand protection concerns

Taking advice early helps ensure campaigns are commercially effective and legally compliant.

Our Expertise

Campaign & Engagement Contracts

  • Influencer agreements and brand ambassador contracts
  • Talent agency and management agreements
  • Multi-platform and cross-channel marketing arrangements
  • Domestic and international influencer campaigns
  • Brand licensing and collaboration agreements

Intellectual Property

  • IP ownership, assignment and licensing in sponsored content
  • Rights of use, editing, repurposing and sublicensing
  • Moral rights waivers and attribution requirements
  • Brand asset and trade mark usage guidelines
  • User-generated content rights and permissions

Advertising, Promotions & Regulatory Compliance

  • Advertising Standards Agency (ASA) and CAP Code compliance
  • Influencer marketing disclosure requirements
  • Online Safety Act (OSA) obligations for platforms
  • Digital Markets, Competition and Consumers Act 2024 (DMCC) and its impact on digital advertising practices
  • Consumer promotions

Data Protection & Privacy

  • UK GDPR and PECR compliance in direct marketing
  • Processing of personal data in campaigns, including audience insights, tracking technologies and affiliate links
  • Data sharing between brands, agencies and platforms
  • Children’s data and age-appropriate design in content aimed at younger audiences

Enforcement

  • Misleading advertising complaints
  • Breach of exclusivity and non-compete obligations
  • Non-delivery of content, performance disputes and remedial arrangements
  • Reputational and brand protection disputes
  • Content ownership disputes
  • Termination and campaign exit arrangements
  • Recovery of fees and losses arising from contractual breaches
  • Mediation, arbitration and litigation in influencer disputes

Who We Work With

  • Brands and advertisers commissioning campaigns
  • Individual content creators and their representatives
  • PR and communications agencies integrating influencer strategies
  • Companies collaborating with brand ambassadors
  • Influencer marketing agencies and talent management businesses

Why Trethowans?

  • Strong understanding of digital marketing and creator economy business models
  • Expertise spanning commercial contracts, intellectual property, advertising regulation, consumer law and data protection
  • Practical advice that balances legal compliance with commercial objectives and reflects the fast-moving nature of digital marketing.
  • Experience supporting brands, agencies, platforms and content creators
  • Partner-led service with clear, responsive communication

Get in Touch

To discuss brand collaborations, influencer marketing or ambassador agreements or any aspect of your marketing and branding strategy, contact Laura Trapnell and Megan Richards.

Answers are just a click away

Frequently asked questions

  • Yes. Written agreements help clarify deliverables, payment arrangements, content ownership, usage rights, advertising compliance obligations and termination rights. They also reduce the risk of disputes and protect both brands and creators.

  • Key provisions typically include influencer obligations and deliverables, content approval processes, fees and payment terms, intellectual property rights, advertising compliance obligations, exclusivity provisions, termination rights, reputational and morality clauses and liability and dispute resolution provisions.

  • In an influencer marketing context, a morality clause is a contractual provision that allows a brand (and sometimes also an influencer) to terminate an arrangement, suspend payments or take other action where conduct or behaviour of one party could damage the reputation of the other. Such clauses have become increasingly common because a brand and an influencer are often associating themselves with each other’s reputation, audience and content.

  • Yes. Influencers and brands must ensure that paid-for or incentivised content is clearly identifiable as advertising. Failure to make appropriate disclosures may breach advertising and consumer protection laws and can lead to complaints, regulatory scrutiny and reputational damage.

  • In many circumstances, yes, both the brand and the influencer will share responsibility for ensuring sponsored content complies with advertising and consumer protection requirements. Therefore, businesses should ensure that influencer agreements contain clear compliance obligations and approval processes.

  • Ownership depends on the contract, which is why having a clear written agreement is so important. Without appropriate provisions, the influencer may retain copyright in the content.

  • Only if it has the necessary contractual rights. Agreements should specify whether content can be reused, edited, republished or incorporated into future marketing materials.