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.