CreatorsBrand deal review
Brand deal review for creators
A brand deal contract is written by the brand's lawyers, for the brand, and the expensive terms are rarely the fee. They are usage rights that run in perpetuity, category exclusivity that blocks your next deals, a net-90 payment clause, unlimited revisions gated on approval, and an IP assignment where a license would do. Federal law adds a duty the contract cannot shift: under the FTC Endorsement Guides, 16 C.F.R. Part 255, you must clearly disclose a material connection to the brand in the content itself. A licensed Arizona attorney can review the agreement before you sign, mark which terms are off-market, and tell you what to ask for, at a flat fee quoted first. If a deal has exclusivity, perpetual usage, or an assignment, the review earns its fee.
What Blueshoe does
The groundwork, in order, before you decide anything.
- 01
Read the whole contract, not the fee
Usage and licensing, exclusivity, payment trigger and net terms, revisions and approval, termination and kill fee, morals clause, indemnification, and IP ownership. Each clause is marked as market, off-market, or a stop sign.
- 02
Price what you are giving up
Perpetual usage, paid whitelisting, and a category exclusive each have a market price separate from the post. Blueshoe shows what the brand is asking for beyond the content so the fee can be negotiated against the full ask.
- 03
Draft the asks
Specific redlines in plain language: a defined usage term and channels, a narrow exclusivity category, net-30 from delivery, capped revisions, a kill fee, a license instead of an assignment, and indemnity capped at the deal fee.
- 04
An attorney can review it with you
A licensed Arizona attorney can review the agreement and the proposed changes, explain the choice-of-law and dispute clauses, and go back to the brand or agency on your behalf, on terms stated in writing first.
What the law says
What the law says about brand deals for creators
What am I required to disclose in sponsored content?
Any material connection to the brand: payment, free product, affiliate commission, or a family or business relationship. The FTC Endorsement Guides, 16 C.F.R. Part 255, require the disclosure to be clear and conspicuous in the content itself, not buried in a bio or behind a see-more tap, and the duty sits on you regardless of what the contract says.
Who owns the content after the campaign?
Whoever the contract says. Under the Copyright Act, 17 U.S.C. § 201, the creator owns what they make unless they assign it in a signed writing or it is a work made for hire under § 101. A license covers a defined term and purpose; an assignment transfers ownership outright, including your right to reuse your own work.
What does perpetual usage or whitelisting actually mean?
Perpetual, all-media usage lets the brand run your content, and often your name and likeness, forever, including in paid advertising you are not paid for again. Whitelisting lets the brand run ads from your own account. Both are separate rights with separate market prices. A defined term, defined channels, and a separate fee for paid usage is the common standard.
If a brand wants your face in ads indefinitely, that is a term to price, not a default to sign. The usage clause is usually the most valuable thing in the contract, and the one least often read.
How does exclusivity cost me money?
A category exclusive bars you from working with competing brands for the stated term, and the category definition is usually broader than the brand's actual product. The cost is every deal you cannot take during that window. Before signing, narrow the category to the product line, shorten the term, and make sure the fee reflects the deals it blocks.
The contract says disputes go to another state's courts. Does that matter?
Yes. Many brand contracts choose the brand's home state's law and courts, which can mean litigating far from Arizona if the deal goes wrong. Blueshoe is an Arizona firm; a licensed Arizona attorney can review and negotiate those clauses before you sign, and tell you plainly when a dispute would need counsel licensed in the chosen state.
What it costs
Free to ask. A flat fee, quoted before any work.
Asking costs nothing, and a licensed Arizona attorney can review your situation before you decide anything. If you engage Blueshoe, the fee is a flat amount set out in a written engagement agreement before any work is billed. Some matters resolve with one letter; others need a filed claim; you know the price for each before you commit.
- Free to ask
- Written assessment before any fee
- Engagement terms in writing
- No billable hours
Questions people ask
Not every deal needs a lawyer. A one-off post for a modest fee with a short license is a business decision. Review earns its fee when the deal is your largest to date, there is exclusivity of any kind, the brand wants paid usage or your likeness in ads, the term runs past ninety days or renews, the contract assigns IP rather than licensing it, or there is a morals clause or uncapped indemnification.
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Legally reviewed by Catherine O’Grady, State Bar of Arizona No. 011647
Managing partner & chief compliance officer · 30+ years in practice · Reviewed 2026-10-08 · Full bio →