If you’re a UGC content creator working with brands, having a solid UGC contract is key to protecting your rights and ensuring that you get paid fairly. However, knowing what to include in a UGC creator contract can feel like a minefield, and professional contract templates can often break the bank.
That’s why we’ve put together a free UGC contract template for creators.
With our UGC contract template, you’ll be better equipped to navigate the tricky waters of UGC content creation and protect your interests in the process.
But first, let’s get the low down on what a UGC contract actually is, and what you need to include in yours.
What to include in a UGC contract
It’s important to understand what elements you should include in your contracts to protect yourself and ensure that both you and the brand are clear on the terms of the agreement.
Here are some key elements to consider including in your UGC contract:
1. Scope of Work
An outline of exactly what you’re contracted to work on. Is it 5 videos, is it 1 video? Is it a monthly retainer? Are we talking organic UGC or UGC ads? The scope of work refers to the specific tasks or deliverables that the user will be responsible for creating or providing. This may include creating content such as text, images, videos, or other media, and submitting it to the company or platform that is hosting the UGC.
It may also include specific requirements or guidelines for the content, such as the length, format, quality, and subject matter. Additionally, the contract may outline the compensation or other benefits that the user will receive in exchange for their work.
This is key as it defines the expectations and responsibilities of both the user and the company or platform. If both sides know what they are getting, it can avoid misunderstandings or disputes.
📝 “Creator agrees to create [number of videos] videos (the “Content”) for Brand, which may be used by Brand for promotional or other purposes on its own channels.”
2. Content Ownership
Typically, the user who creates the content retains ownership of it, but there may be some exceptions depending on the specific terms of the contract.
The content ownership clause of a UGC contract typically specifies that the user grants the company or platform hosting the UGC a license to use the content in certain ways. This may include displaying the content on the website or social media platforms, promoting the content, or using the content in advertising.
The contract may also include provisions for how the user’s content can be used outside of the platform or website. For example, the contract may specify that the user has the right to use the content in their own portfolio or to license the content to other parties.
📝 Creator agrees that all right, title, and interest in and to the Content, including any and all intellectual property rights, shall be owned by Brand. Creator hereby assigns all such rights to Brand.
Show me the money. Compensation refers to the payment or other benefits that the user will receive in exchange for creating and submitting their content. The compensation clause of the UGC contract typically outlines the terms of payment, including the amount and timing of payment.
The compensation may be in the form of monetary payment, such as a one-time payment or ongoing royalties based on the usage of the content. Alternatively, compensation may be in the form of non-monetary benefits, such as exposure, promotion, or other perks.
📝 In consideration for Creator’s performance of the services described herein, Brand shall pay Creator [amount] dollars ($[amount]) per video.
4. Deliverables and Timeline
What are the brand getting, and when are they getting it? Deliverables refer to the specific items or materials that the user is expected to produce as part of the agreement. We’ve already got the scope, but are we also delivering raw footage? Are there images? Should there be different hooks? We need to outline this here.
The timeline refers to the specific dates or deadlines by which the user is expected to deliver the required materials. The timeline is an important aspect of the UGC contract, as it helps to ensure that the content is produced and delivered in a timely manner.
The UGC contract may include specific details regarding the deliverables and timeline, including:
- The specific items or materials that are required
- The expected quality or standard of the deliverables
- The specific dates or deadlines for delivery
- Any milestones or checkpoints that must be met
- Any penalties or consequences for failure to meet the timeline or deliverables.
📝 Creator shall deliver the Content to Brand no later than 2023. The Content shall be delivered in a format and resolution acceptable to Brand.
5. Representations and Warranties
Are you stealing other people’s work? If so, you’re screwed thanks to this part in the contract. You’ve also got some serious bad karma coming your way. Representations and warranties refer to the statements and assurances made by the user regarding their content and their ability to create and submit it. These statements and assurances are typically included in the representations and warranties clause of the UGC contract.
The representations and warranties may include:
- The originality of the content: The user may represent and warrant that their content is original and does not infringe on the intellectual property rights of any third party.
- The accuracy of the content: The user may represent and warrant that their content is accurate and truthful, and does not contain any false or misleading information.
- The ownership of the content: The user may represent and warrant that they are the rightful owner of the content, or that they have obtained all necessary permissions or licenses to use and submit the content.
- The absence of viruses or malicious code: The user may represent and warrant that their content does not contain any viruses or malicious code that could harm the company or platform.
📝 Creator represents and warrants that: (a) the Content will not infringe on the intellectual property rights or other rights of any third party; (b) the Content will not contain any material that is defamatory, obscene, or otherwise objectionable; and (c) Creator has the right to enter into this Agreement and to perform the services described herein.
This is where contracts feel scary.
Indemnification refers to the legal protection or compensation that one party provides to the other in the event of certain types of losses or damages. The indemnification clause of the UGC contract outlines the responsibilities and liabilities of each party in the event of certain scenarios.
The indemnification clause may address scenarios such as:
- Copyright or trademark infringement: If the user’s content infringes on the intellectual property rights of a third party, the user may be required to indemnify (compensate) the company or platform for any damages or legal fees associated with the infringement.
- Defamation or libel: If the user’s content contains false or defamatory statements that harm the reputation of another party, the user may be required to indemnify the company or platform for any resulting damages or legal fees.
- Data privacy or security breaches: If the user’s content results in a data breach or other security issue, the user may be required to indemnify the company or platform for any resulting damages or legal fees.
The indemnification clause may also include provisions related to insurance coverage and limitations of liability.
📝 Creator shall indemnify and hold Brand harmless from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to Creator’s breach of any of the representations and warranties set forth in this Agreement.
Hush hush. In a UGC contract, confidentiality just refers to the obligation of the user to keep certain information and materials confidential and not to disclose them to third parties. The confidentiality clause of the UGC contract outlines any specific information or materials that must be kept confidential, as well as the consequences for any unauthorized disclosure.
It may also require the user to use non-disclosure agreements (NDAs) to ensure confidentiality. The user may also be required to take appropriate security measures to protect the confidentiality of the information.
📝 Creator shall not disclose to any third party any confidential information of Brand obtained in connection with this Agreement.
8. Term and Termination
The term and termination clauses are important aspects of the UGC contract, as they help to define the duration of the agreement and the circumstances under which it may be terminated.
The term refers to the length of time that the agreement is in effect. This may be for a specific period of time or for an indefinite period.
The termination clause outlines the circumstances under which the agreement may be terminated by either party. Termination may occur for various reasons, including breach of contract, violation of the terms and conditions, or other specified events.
The termination clause may also specify the process for terminating the agreement, including notice requirements, the effective date of termination, and any obligations or responsibilities that continue after termination.
The UGC contract may also include provisions related to automatic renewal or extensions of the term, as well as provisions related to early termination or cancellation fees.
📝 This Agreement shall begin on the Effective Date and shall continue until all of the services described herein have been performed. Either party may terminate this Agreement at any time for any reason upon written notice to the other party.
9. Governing Law
Governing law just refers to the law that will be used to interpret and enforce the terms and conditions of the agreement. The governing law clause of the UGC contract specifies which jurisdiction’s laws will apply to the contract.
📝This Agreement shall be governed by and construed in accordance with the laws of the State of [State].
10. Entire Agreement
The entire agreement clause is a provision that specifies that the contract contains the entire agreement between the parties and supersedes any prior or contemporaneous agreements, understandings, or representations, whether written or oral. Basically, it means that anything you’ve said before means diddly squat. The contract is your new bible.
📝This Agreement constitutes the entire understanding and agreement of the parties and supersedes all prior and contemporaneous negotiations, understandings, and agreements between the parties.
But, we get it.
You don’t have a law degree.
You can’t say ‘contemporaneous negotiations’ let alone write them down. So we’ve given you a head start. Download our free UGC contract template to get a head start protecting your content and business. Talk to clients with confidence and save time for every party when writing and signing contracts. All sections are editable to your business’ liking and guidelines.
Do you need a lawyer to send your UGC contract?
While it’s not always necessary to have a lawyer send your UGC contract, it can be a good idea to have a lawyer review the contract before you send it. This can help ensure that the contract is legally sound and that your rights are adequately protected.
Additionally, if the brand you are working with has legal representation, they may require that your contract be reviewed by a lawyer before they agree to sign it. In such cases, it’s a good idea to have a lawyer on your side as well, so that they can help you negotiate any changes or clarify any issues that arise during the contract review process.
Ultimately, whether or not you need a lawyer to send your UGC contract will depend on the specific circumstances of your agreement. If you’re unsure, it’s always a good idea to consult with a lawyer to ensure that your interests are properly protected.
A brand has breached my contract. Now what?
If a brand breaches the terms of a UGC contract, there are several steps that UGC content creators can take to protect their rights and seek redress. Here are some potential courses of action:
- Review the contract: Before taking any action, it’s important to review the UGC contract to ensure that the brand has indeed breached the terms of the agreement. This may involve consulting with a lawyer to get a professional opinion.
- Contact the brand: Once you’re sure that the brand has breached the contract, the first step is to contact them to try to resolve the issue. This may involve sending a formal letter outlining the breach and demanding that the brand take corrective action, such as paying outstanding fees or ceasing to use the UGC content in question.
- Consider legal action: If the brand refuses to address the breach or fails to take corrective action, you may need to consider taking legal action. This could involve filing a lawsuit to seek damages or an injunction to stop the brand from using your UGC content without permission.
Ultimately, the course of action you take will depend on the specific circumstances of the breach and your relationship with the brand. It’s always a good idea to consult with a lawyer to get advice on the best course of action for your particular situation.
And there we have it. As a UGC creator you take time to create your content, building your personal brand and cultivating relationships. It’s important you take the time to ensure you also protect your rights and interests. This includes a water tight UGC contract. Ours may not be perfect, but it’s a great place to start.
The content provided herein is for general information purposes only, and shall not constitute legal advice. The UGC Club makes no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information mentioned hereunder. The use or reliance of any information contained herein is solely at your own risk. You are advised to obtain independent legal advice before taking or refraining from any action on the basis of the content provided here.