In short
- Write down who delivers what by when, who approves it, how the partnership is labelled, how long the brand may reuse the content, and what happens on cancellation.
- Price add-ons as separate lines. Published guides put brand reposts at +25 to 40 percent, perpetual usage at +80 to 150 percent, and 30-day exclusivity at +30 to 50 percent.
- ASCI makes the creator and the brand jointly responsible for disclosure, and the CCPA can fine endorsers up to ₹10 lakh, so label rules belong in the contract.
- Only 39.3 percent of surveyed brands send influencer contracts for legal review. Have a lawyer adapt any template before you use it.
An influencer contract should fix what the creator delivers and by when, who approves it, how the post is labelled as a paid partnership, how long and where the brand may reuse it, whether the creator can work with competitors, how and when payment is made with GST and TDS, and what happens if either side cancels. Put those in writing before content is made. In a 2026 survey covered by Campaign India, only 39.3 percent of brands said they routed influencer contracts through legal review, so a short, clear agreement already puts you ahead of most.
This guide walks through the 14 clauses we put in creator contracts, what to write in each, what to watch for, and how to price the add-ons. A checklist table and sample wording follow. For how creators are found before the contract stage, read our guide to finding influencers in India, and for the full process see our complete influencer marketing guide.
One contract or two
If you work through an agency, there are usually two contracts: one between you and the agency, and one between the agency and each creator. The creator contract should mirror the terms you agreed: the same usage rights, exclusivity, takedown remedies and disclosure rules. If the agency promises you 90 days of partnership ads but the creator only agreed to 30, you have a gap that no one noticed until the ad is running.
Ask the agency for a sample creator contract before you sign with it. Ask who holds the signed copies, and whether you receive them. If you work directly with creators, you are the contracting party and these clauses are yours to draft.
The 14 clauses
1. Parties and scope
What to write. The legal names of both sides, PAN, GSTIN if registered, the exact handles and platforms covered, and who signs. If the creator works through a manager or company, name who signs and who gets paid.
Watch for. The person signing is not the person who owns the handle. Many creators are individuals: the 2026 survey found only 15.2 percent were registered as a business entity or GST individual. If a creator is under 18, ask a lawyer how to structure the agreement, usually with a parent or guardian, and treat any campaign aimed at children carefully (clause 13).
2. Deliverables
What to write. Each deliverable, its format, count, length, handle and mandatory elements. Vague words such as "a post" or "a few Stories" cause most disputes.
| Field | Example |
|---|---|
| Format and count | 1 Instagram Reel and 1 Story set of 4 frames |
| Length | Reel 20 to 30 seconds; Story frames 5 to 8 seconds each |
| Handle and collaboration | Posted on the creator's handle as a collab post with the brand handle |
| Mandatory elements | Product visible in the first 3 seconds; one key message; link sticker or code in the Story set |
| Minimum live period | Stays live for at least 90 days; not archived or deleted before then |
| Go-live window | Between 12 and 14 November, time agreed with the brand |
Watch for. Deliverables that do not say who supplies the music, the caption and the link. Also watch for "live for 30 days" when you need the post for longer, because partnership ads need the original post to stay up.
3. Timeline, approvals and revisions
What to write. Dates for concept or script, first draft, brand feedback, final draft and go-live. Number of revision rounds (two is standard in our contracts) and what a further round costs. One rate guide puts extra revisions beyond two rounds at ₹5,000 to ₹30,000 each. State that nothing goes live without written approval, and that email or a shared tracker counts as writing.
Watch for. Silent approval. If you say "deemed approved after 48 hours", a busy brand team can approve a claim it never read. A safer rule: if the brand is silent, the creator may remind once, and the go-live date moves, but the content is not treated as approved. Rush work also costs more: turnaround under 48 hours adds 25 to 40 percent according to one booking-platform guide, so build slack into the timeline.
4. Disclosure and advertising law
What to write. The exact label, where it sits in each format, and who is responsible. Under the ASCI influencer guidelines, a clear disclosure is needed whenever there is a material connection between the creator and the brand: money, free or discounted products (even unsolicited), gifts, trips, barter, awards, or family or employment ties. Permitted labels include Advertisement, Ad, Sponsored, Collaboration, Partnership, Free gift, Affiliate or a platform tool.
Placement rules to copy into the contract:
- The label must be upfront and prominent, not only in a bio, not at the end of a post, not behind a "more" click and not buried in hashtags or links.
- For an image or video without a caption, such as a Story, the label sits on the visual.
- For a video of 15 seconds or less, the label is on screen for at least 3 seconds. For longer than 15 seconds and under 2 minutes, for a third of the video. For 2 minutes or more, for the whole section that mentions the brand.
- For live streams, announce the partnership at the start and end. For audio, at the start, the end and around breaks.
Responsibility. ASCI treats it as shared. The creator must make the disclosure, and the advertiser must make sure the post conforms and can ask the creator to edit or delete it. The Department of Consumer Affairs' Endorsement Know-hows add that endorsers should not endorse what they have not personally used or checked, and the 2022 guidelines let the CCPA fine manufacturers, advertisers and endorsers up to ₹10 lakh, and up to ₹50 lakh for later contraventions, with endorsement bans of up to one year and up to three years for repeat offences (PIB).
Special categories. For health and nutrition, and for banking, finance and insurance, ASCI's Addendum II requires creators who give technical advice to hold relevant qualifications and state them upfront. ASCI narrowed this in April 2025 to technical advice only, so generic content does not need them. For stocks and investments that means SEBI registration with the number shown, and SEBI's October 2024 circular bars regulated entities and their agents from associating with people who give securities advice without registration or who claim returns without permission. The contract should require the creator to confirm their credentials and give proof if asked.
Watch for. "The creator will disclose as per law" with no label named. Also watch for contracts that make the creator solely liable. The brand shares responsibility for claims it supplies.
5. Usage rights and whitelisting
What to write. Where, how long and in which media the brand may use the content, and whether it may run it as an ad. Break rights into levels and price each.
| Level | What it allows | How it is priced |
|---|---|---|
| 0. Creator's feed only | The post lives on the creator's handle | Included in the fee |
| 1. Brand reposts | The brand shares the post on its own handles, organic only | Published guides put it at +25 to 40 percent |
| 2. Website and marketplace pages | Content on your site, app or marketplace listing | Priced as a separate rights line; one guide puts rights at +30 to 50 percent |
| 3. Partnership ads (whitelisting) | The brand runs the post as an ad from the creator's handle | +60 to 120 percent over an organic post in one guide, or +20 to 50 percent per 30 days in another |
| 4. Ads from the brand's own handle | The brand runs the creator's video as its own ad | Priced as paid usage; the longer and wider, the higher |
| 5. Offline, TV or out-of-home | Content in stores, print or broadcast | Negotiated case by case |
Whitelisting also costs media money. One rate guide puts the ad spend at two to four times the creator fee. Add a start date, an end date and a territory to every level, and require a new agreement to extend. Perpetual rights, according to one guide, add +80 to 150 percent, so ask for them only if you have a use. For the ads side, see our creator ads and whitelisting service.
Watch for. Usage that starts when the contract is signed rather than when the content goes live, so you lose days of rights before the post exists.
6. Exclusivity
What to write. The category or named competitors, the start and end dates, and the platforms covered. One guide prices 30 days at +30 to 50 percent and 90 days at +80 to 150 percent, and another at +30 to 100 percent overall.
Watch for. "No competing brands" with no list. A creator cannot comply with that, and a brand cannot enforce it fairly. Name five to ten competitors. Ask the creator to disclose existing deals in the category before signing. Do not ask for exclusivity you will not use: you will pay for it, and creators will pass on the deal.
7. Fees and payment terms
What to write. Fee per deliverable, what it includes (usage rights, exclusivity, revisions) and what costs extra. Then the schedule: for example, an advance on signing and the balance on go-live, or a single payment after verified delivery. Name the payment window, the invoice requirement and what happens on late payment.
A structure we would suggest. Smaller creators are paid in full after the post is verified live with the correct label. Mid-tier and larger creators, who turn down work to hold your dates, receive an advance on signing and the balance on go-live. In our process, creators are paid after deliverables are verified. Our pricing page shows how that appears on a brand invoice.
Watch for. Fees that do not say whether GST is included. One booking-platform guide notes that 18 percent GST is charged on top of fees.
8. GST, TDS and invoices
What to write. That fees are exclusive of GST; that the creator issues a valid tax invoice with PAN and GSTIN if registered; that the brand deducts TDS where the law requires; and that the creator supplies the documents on time. Keep the clause short and refer to your finance team or CA for the numbers. Our guide to TDS 194R and GST on influencer payments explains the rules and where they remain unsettled.
Watch for. Free products or gifts that sit outside the contract. They can carry tax for both sides.
9. Cancellation, delays and takedowns
What to write. What happens at each stage, how takedown requests are handled, and what counts as force majeure.
| Stage | If the brand cancels | If the creator cancels |
|---|---|---|
| Before production | Advance retained only for costs already incurred | Advance refunded in full |
| After script or draft approved | A share of the fee, to compensate for work done | Advance refunded; creator helps find a replacement slot where possible |
| After the post is live | Full fee payable | Not applicable; takedown obligations continue |
This is a structure to propose and negotiate, not a legal standard. Add a replacement window for missed dates, a response time for takedown requests (24 hours is reasonable), and a clause for events outside anyone's control, such as an account restriction by the platform.
Watch for. Takedown rights with no timeline, or with no payment consequence if the creator ignores them. We withhold payment until a wrong post is fixed.
10. Morality and conduct
What to write. Specific triggers that let the brand pause, remove or end the deal: illegal activity, hate speech, behaviour that is publicly condemned and materially harms the brand, or undisclosed posts for a competitor. Specify the remedy: pause, takedown, termination, withholding of unpaid fees.
Watch for. Vague "brings the brand into disrepute" wording that lets either side exit for any reason. Creators will push back on it, and they will be right. Keep the triggers concrete. Check brand safety before you sign: our Gully Score reserves 10 of its 100 points for it.
11. Content ownership, IP and AI
What to write. The creator keeps ownership unless the contract assigns it; the brand receives a licence limited by clause 5. Add that the creator owns or has the rights to everything in the content, including music and third-party clips, and that audio used in paid ads is cleared for that use.
AI. Require the creator to tell you if any content uses AI-generated visuals, voice or a synthetic person, or replicates a real person's likeness. ASCI's guidelines on labelling synthetically generated content, signed on 17 September 2026, require a label where AI materially influences consumer decisions, and treat virtual influencers as needing a clear statement that they are not real humans. By our arithmetic the AI guideline takes effect around mid-December 2026.
12. Audience authenticity and audit
What to write. The creator warrants that followers and engagement are organic, with no purchased followers, likes or pods, and agrees to share audience insights at signing and reach data after posting. State the remedy for a breach: refund of fees and the right to terminate.
Watch for. A warranty with no verification. Ask for insights screenshots before you sign, and compare views to follower count. Our guide to spotting fake followers covers the checks.
13. Data and confidentiality
What to write. What counts as confidential (launch dates, pricing, unreleased products, discount codes), how long it stays confidential, and that any customer or audience data shared in the campaign is used only for it.
Watch for. Children. The DPDP Act and Rules require verifiable parental consent and bar tracking and targeted advertising aimed at children, according to PIB. Reports put the main data-fiduciary duties under the 2025 Rules at around May 2027. No source we reviewed ties the Act to creator databases specifically, so treat any data clause as something to confirm with a lawyer.
14. Term, termination, disputes and governing law
What to write. The campaign term, termination for breach with a short cure period, how notices are given, the governing law (India), and how disputes are handled: talk first, then mediation or arbitration, then courts in a named city. Allow signature by e-sign and keep both signed copies.
Watch for. Boilerplate that picks a distant court or a costly forum. For a contract worth ₹50,000, a dispute process that costs ₹2 lakh is not a remedy.
Clause checklist
Use this as your review table before anything is signed.
| # | Clause | Must specify | Red flag |
|---|---|---|---|
| 1 | Parties and scope | Legal names, PAN, GSTIN, handles, signatory | Signer is not the account owner |
| 2 | Deliverables | Format, count, length, handle, mandatory elements, live period | "A post" or "a few Stories" |
| 3 | Timeline and approvals | Dates, two revision rounds, written approval | Deemed approval after silence |
| 4 | Disclosure | Exact label, placement by format, responsibility, credentials for health and finance | "As per law" with no label named |
| 5 | Usage rights | Media, start and end dates, territory, whitelisting terms | Rights start at signing; no end date |
| 6 | Exclusivity | Named competitors or category, dates, platforms | "No competing brands" with no list |
| 7 | Fees and payment | Fee per deliverable, schedule, window, what is extra | GST status not stated |
| 8 | GST and TDS | Invoice details, who deducts, documents | Gifts and free products outside the contract |
| 9 | Cancellation | Stage-wise remedies, replacement window, takedown time | No takedown timeline |
| 10 | Conduct | Concrete triggers and remedies | Vague "disrepute" wording |
| 11 | Content ownership and AI | Ownership, licence scope, music and third-party rights, AI disclosure | Silence on AI use |
| 12 | Authenticity | Organic audience warranty, insights, remedy | No verification step |
| 13 | Data and confidentiality | Definition, duration, children's data | No view on kids' audiences |
| 14 | Term and disputes | Cure period, notices, governing law, forum | Distant or costly forum |
Sample wording
These examples are illustrative drafting. Have a lawyer adapt them to your brand.
Disclosure. The Creator shall label each Deliverable with the platform's paid partnership tool or another label permitted by the ASCI Guidelines, placed upfront and prominently in the first lines of the caption and, for video, on screen for the period the Guidelines require. The Creator shall not make claims about the product beyond those in the Brand's approved brief.
Usage rights. The Brand may repost the approved Deliverable on its own social handles and website for 90 days from the go-live date. Running the Deliverable as a paid advertisement requires a separate written agreement stating the period, platforms and fee.
Exclusivity. For 30 days from the go-live date, the Creator shall not publish paid content for [named competitors] on [platform]. The Creator confirms there are no existing agreements with those brands.
Five mistakes that cost brands money
- No usage clock. Rights with no start or end date lead to arguments about whether last year's post can run in this year's ad.
- Unpaid exclusivity. A creator who gives up category work for a month is losing income. Pay for it or drop it.
- Approval with no date. The post goes live late, or without the legal check, because no one owned the deadline.
- Paying before delivery. A full advance to a new creator gives you no hold over delivery. Link the balance to verified delivery.
- Leaving disclosure to the creator. The brand shares responsibility. Name the label and check it in every draft.
What creators push back on
A fair contract gets signed faster. Creators commonly resist unpaid exclusivity, perpetual rights without matching fees, unlimited revisions, slow payment and one-sided termination. Fair compromises: pay for rights and exclusivity as separate lines, cap revisions at two rounds with a fee beyond, set a payment window you can meet, and give both sides a way out. That also protects your content. A creator who feels cheated posts late, posts flat, or posts nothing.
Want contracts, labels and payments handled across a campaign? Our how we work page explains the process, and you can send us a brief. For a budget view of rights and exclusivity, see the influencer cost calculator.
This is general information, not legal advice.
Sources
- ASCI Guidelines for influencer advertising in digital media, ASCI (accessed 31 Oct 2026 (Addendum II dated 6 Mar 2025))
- Endorsement Know-hows! for celebrities, influencers and virtual influencers, PIB, Department of Consumer Affairs (20 Jan 2023)
- Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, PIB, Department of Consumer Affairs (10 Jun 2022)
- Coverage of a 2026 India creator-economy report: creator numbers, engagement and cost by city tier, Campaign India (21 May 2026)
- Influencer marketing pricing in India 2026: usage rights, exclusivity and whitelisting premiums, Indian digital agency guide (low confidence) (20 Apr 2026, updated 16 Sep 2026)
- Instagram brand deal rates in India 2026, Rate guide (low confidence) (4 Mar 2026)
- Influencer fees in India: complete pricing guide, Booking platform guide (low confidence) (20 Mar 2026)
- Association of persons regulated by the Board and their agents with certain persons, SEBI (22 Oct 2024)
- ASCI update narrowing the qualification requirement for health and financial influencers, ASCI (28 Apr 2025)
- Digital Personal Data Protection Rules 2025 notified, with staged rollout, The Week (PTI) (14 Nov 2025)
- Digital Personal Data Protection Rules 2025: children's data and verifiable parental consent, PIB, Ministry of Electronics and IT (25 Mar 2026)
Frequently asked questions
Do I need a written contract for an influencer collaboration?
Yes, for any paid or barter collaboration beyond a one-off gift. A written contract settles deliverables, dates, disclosure, reuse rights, exclusivity and payment before content exists, which is when disagreements are cheapest to avoid. Even a short two-page agreement signed by both sides is better than a chat thread. Have a lawyer adapt it to your brand.
What should an influencer contract in India include?
At a minimum: the parties, deliverables and dates, approval and revision rounds, the ASCI disclosure label, usage rights and whitelisting, exclusivity, fees and payment terms with GST and TDS, cancellation, conduct, content ownership, audience authenticity, data, and dispute resolution. The clause table in this guide gives a checklist for each.
Who owns the content an influencer creates?
Unless the contract says otherwise, the creator usually keeps ownership of their content and the brand receives only the reuse rights it has agreed and paid for. Spell out where, how long and in which media the brand may use it, including paid ads. Our influencer rates guide shows how rights change the price.
How long should usage rights last?
Match the rights to the plan. Organic reposting on the brand's own handles and a 30-day partnership-ads window cost far less than perpetual rights, which one rate guide prices at +80 to 150 percent. Define a start date, an end date and the media covered, and require a new agreement for anything beyond them.
Can a brand ask an influencer for exclusivity?
Yes, but exclusivity is a paid add-on, not a courtesy. Published guides suggest +30 to 50 percent for 30 days and +80 to 150 percent for 90 days. Name the competing brands or the exact category, set a start and end date, and limit it to what you will actually use.
Who is responsible for ASCI disclosure, the brand or the influencer?
Both. ASCI says the influencer must make the disclosure and the advertiser must ensure the post conforms to the Code, and can ask the influencer to edit or delete it. Put the exact label, its placement and the takedown remedy in the contract. See our ASCI influencer guidelines explainer.
How do TDS and GST appear in an influencer contract?
State that fees are exclusive of GST, that the creator will issue a valid invoice with PAN and GSTIN if registered, and that the brand will deduct TDS where the law requires it. Add who supplies the documents and by when. Our guide to TDS 194R and GST on influencer payments explains the rules.
What happens if an influencer cancels or misses a deadline?
The contract should say. A fair structure refunds any advance if the creator cancels before work starts, sets a replacement or reschedule window for missed dates, and allows the brand to withhold payment for undelivered work. Agree cancellation terms for each stage: before production, after draft and after the post is live.