Influencer marketing is growing fast, especially in Texas. Brands of all sizes work with influencers on platforms like Instagram, TikTok, and YouTube. But when money and reputation are involved, it’s important to have clear, written contracts.
What Should Be in a Texas Influencer Contract?
Influencer contracts in Texas follow general contract rules under Texas contract law. Each agreement should include clear terms about the work, payment, and legal protections.
Scope of Work
The contract should clearly describe what the influencer will do. This includes the platforms (Instagram, TikTok, etc.), the number of posts, the type of content, and when the posts go live.
Payment Terms
Payment must be written out in detail. This includes how much the influencer is paid, when payment happens, and whether it’s a flat fee, commission, affiliate earnings, or product trade.
Who Owns the Content?
The contract should say who owns the content after it’s posted. Some influencers keep ownership. Others give the brand a license to reuse it. Make sure the license terms are clear.
Always clarify who owns the content—and how it can be reused—before posting.
Exclusivity Rules
Some contracts stop influencers from working with competing brands. This is legal in Texas if the time, location, and type of restriction are reasonable.
Disclosure and FTC Rules
Influencers must follow FTC rules for sponsored content. The contract should say that the influencer will clearly label all paid posts, to avoid violating federal law.
Morals Clauses
A brand can cancel a deal if the influencer does something that hurts the brand’s image. But under Texas law, this clause must be specific and not too vague.
Ending the Contract
The contract should explain how either side can end the deal. This may include specific reasons (like breaking the rules), or allow one side to end it with notice and partial payment.
Legal Responsibility
Most contracts protect the brand from legal trouble caused by the influencer’s content. This includes copyright issues, defamation, or misleading claims.
Which Laws Apply
The contract should say Texas law will apply and name a Texas county for disputes. This helps avoid confusion if a legal issue comes up.
What Happens If Someone Breaks the Contract?
If one side doesn’t do what they agreed to, that’s called a breach of contract. This could mean missing payments, violating exclusivity, or failing to post on time.
Fixing the Problem
Many contracts give the person who made a mistake time to fix it. For example, if an influencer misses a deadline, they may get 7 days to post before the brand takes action.
Getting Damages
If the contract is broken, Texas law lets the other party ask for money to cover their losses. There are a few types of damages the injured party can claim:
- Expectation damages: What you would have earned if the contract had been completed as agreed.
- Reliance damages: Money you spent because you relied on the contract.
- Consequential damages: Other expected losses caused by the breach, like missed business opportunities. Some contracts may limit a party’s ability to recover this type of damage.
Being Forced to Follow Through
Sometimes, the court may order someone to complete their part of the contract.
This usually happens when the influencer is unique and money isn’t enough to fix the problem.
In some cases, a court can require the influencer to fulfill the contract instead of just paying damages.
Mediation and Arbitration
Many influencer contracts require disputes to be handled through mediation or arbitration instead of court. These both are types of Alternative Dispute Resolution (ADR)—a way to settle disagreements without a formal trial.
- Mediation involves a neutral third party who helps both sides reach an agreement, but the result isn’t binding.
- Arbitration is more like a private trial. It’s usually binding, meaning both sides must follow the decision.
ADR is often faster and sometimes less expensive than going to court, but it could limit appeals and the amount of evidence each side can use.
Taking the Case to Court
If arbitration isn’t required, the dispute may go to a Texas civil court. These cases are usually handled as breach of contract claims.
Under Section 38.001 of the Texas Civil Practice and Remedies Code, the winning party can ask the court to award attorney’s fees. This applies unless the contract says otherwise.
If the dispute goes to court, Texas law may allow the winning side to recover attorney’s fees.
Time Limits for Filing a Lawsuit
In Texas, you usually have four years to sue over a written contract. Contracts can set shorter deadlines, but they must be reasonable.
Common Mistakes in Texas Influencer Contracts
Even with good intentions, contracts can go wrong if details are missing. Here are some common errors:
- No written contract
- Vague or unclear terms
- Forgetting to include Texas-specific legal details
- Morality or non-compete rules that are too strict
Do Influencer Contracts Need to Be Notarized in Texas?
No, notarization is not required.
A contract is valid if there’s an offer, acceptance, and something of value (like payment or promotion). Just make sure both sides sign and keep a copy.
Protect Yourself with the Right Terms
A strong influencer contract protects both sides and helps avoid legal problems. Influencer disputes are becoming more common in major Texas cities due to vague or incomplete agreements. If you need help reviewing or drafting an influencer contract, talk to a Houston contract lawyer from Feldman & Feldman, PC today.