The Complete Guide to Creating an Influencer Agreement Contract for Gifting Campaigns

An influencer agreement contract protects both your brand and the creator during gifting campaigns. It's a simple document that spells out who gets what, when content should post, and how you can use it.

This guide shows you exactly what to include in your gifting agreement without the confusing legal talk. We'll cover the 7 essential clauses every contract needs, plus give you templates you can use today.

What Is an Influencer Agreement Contract?

An influencer agreement contract is a simple document that explains the terms between your brand and a creator. For gifting campaigns, it covers three main things:

1. What product you're sending

2. What you hope they'll create

3. How you can use their content

Think of it as a friendly handshake in writing. It keeps everyone on the same page and prevents awkward situations later.

Unlike paid contracts that require specific posts, gifting agreements are more flexible. You're exchanging a product for the possibility of content, not demanding it. This difference matters because it keeps things authentic and legal.

Why Your Gifting Campaign Needs Its Own Contract

Using a generic influencer contract for gifting is like wearing a tuxedo to the beach. It doesn't fit the situation.

Here's why gifting needs its own approach:

It protects your investment. Even though you're not paying cash, you're still sending valuable products. A contract helps ensure creators take the partnership seriously.

It clarifies content rights. Without an agreement, you can't legally repost or use any content creators make. That amazing photo of your product? You can't touch it without permission in writing.

It sets expectations gently. Gifting is about building relationships, not forcing content. Your contract should reflect this lighter touch while still protecting your brand.

It keeps you legal. The FTC requires creators to disclose partnerships. Your contract makes sure they know this and follow the rules.

Gifting vs. Paid Contracts: The Key Differences

Before diving into the details, it's important to understand the fundamental differences between these two approaches. If you're still deciding which strategy works best for your brand, check out our guide on product seeding vs influencer gifting to make an informed choice.

Here's exactly how gifting agreements differ from paid influencer contracts:

The biggest difference? Tone. Paid contracts read like demands. Gifting agreements read like invitations.

The 7 Essential Clauses Every Gifting Agreement Needs

Every influencer agreement contract for gifting should include these seven sections. We'll show you exactly what to write for each one.

1. Product Details

Be super specific about what you're sending. This prevents confusion and shows you're professional.

What to include:

• Exact product name and model

• Size, color, or variant

• Retail value

• Shipping details

Template example:

"Brand will provide Creator with the following:

• One (1) Sunset Orange Yoga Mat, 6mm thickness

• Retail value: $75

• Free shipping to Creator's provided address"

2. Content Expectations (Not Requirements)

This is where gifting differs most from paid deals. You're suggesting, not demanding.

Good phrasing:

"We hope Creator will share their honest experience with the product on their social channels. While not required, we'd love to see the product featured within 30 days of delivery."

What to avoid:

"Creator MUST post 1 Instagram Reel and 3 Stories by [date]"

Keep it friendly and flexible. Remember, you're building a relationship, not buying content.

3. FTC Disclosure Requirements

This isn't optional. Every influencer agreement contract needs clear disclosure rules.

Required language:

"Creator agrees to follow FTC guidelines by clearly disclosing the partnership. Please include #gifted, #ad, or #sponsored in the first three lines of any post featuring our product."

Make it simple. Creators appreciate when you spell out exactly what they need to do to stay legal.

4. Content Usage Rights

Define exactly how you can use any content they create. Be specific about each type of use.

Three levels to cover:

Level 1 - Social reposting:

"Brand may repost Creator's content on our social channels for 6 months, always with credit to Creator's account."

Level 2 - Website and email:

"With Creator's written approval, Brand may feature content on our website and in email newsletters."

Level 3 - Paid ads:

"Paid advertising rights must be negotiated separately with additional compensation."

Most creators are fine with Level 1. Levels 2 and 3 usually need extra discussion.

Getting these rights clear from the start is crucial, especially if you want to turn shoppable UGC into always-on conversions later. The content creators make can become your most powerful sales tool, but only if you have permission to use it.

5. What Happens If No Content Is Posted

Address the elephant in the room: what if they take the product and ghost you?

Professional but clear:

"If no content is shared within 45 days, Creator agrees to either return the product or pay its retail value. We'll always reach out for a friendly check-in first."

This clause filters out creators who aren't serious. Real creators understand and respect it.

6. Competitive Considerations

For gifting, keep exclusivity super light. You're not paying enough to lock them down.

Reasonable approach:

"We ask that Creator not feature direct competitors 7 days before and after posting about our brand."

That's it. Don't ask for months of exclusivity for a free product. It's not realistic or fair.

7. Term and Termination

Keep it simple. Gifting agreements shouldn't be complex legal documents.

Clear and simple:

"This agreement begins when Creator receives the product and ends 45 days later, unless both parties agree to extend."

No need for complicated termination clauses. This is a gift exchange, not a business merger.