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Brand Deal Contract Checklist

STAKD Resources · Updated October 26, 2026 · 8 min read

A brand deal contract usually covers ten areas: deliverables, approval rounds, payment terms, a kill fee, usage rights, exclusivity, FTC disclosure, a morality clause, IP ownership and termination. Before signing, creators commonly check that each one is spelled out, that it matches what was agreed by email, and that nothing open-ended (like "unlimited revisions" or "in perpetuity") slipped in unpriced.

Below is what each clause typically does, the wording to look for, and the questions worth asking. A printable checklist is at the end.

Why a checklist helps

Brand contracts are often templates written for the brand's side. Many are reasonable. Some include terms that were never discussed: broader usage, longer exclusivity, slower payment. Going through the same list every time makes it easier to spot what's missing or new.

1. Deliverables

This section says what you're making. Contracts often include:

Questions to ask: Does this match what was agreed? Is "how long it stays up" defined? Some contracts require content to stay live permanently, which affects what you can do with your channel later.

2. Approval rounds

Most brand deals include a draft review. The contract should say:

Wording to watch: "Brand shall have final approval" with no limit on rounds. Contracts often cap revisions at one or two rounds, with extra rounds billed separately. A deadline for the brand's feedback keeps your posting date from slipping.

3. Payment terms

The fee, when it's paid and how.

Net days

"Net 30" means payment is due 30 days after the invoice (or after another trigger the contract names). Net 45, net 60 and longer also appear in brand contracts. Check what starts the clock:

A clock that starts at "receipt of final metrics" can add weeks.

Deposits and milestones

Some contracts split payment, for example part on signing and the rest after posting. Others pay everything after.

Late payment

Look for a late fee or interest clause. Many brand templates don't include one. For how to handle a late payment, see what to do when a brand pays late, and for what goes on the invoice, see how to invoice a brand.

Tax forms

US brands commonly ask for a W-9 before paying (STAKD includes a W-9 generator for filling one out). Payments may later be reported on a 1099. See 1099 forms for content creators.

4. Kill fee

A kill fee is what you're paid if the brand cancels after you've started work. Without one, a cancellation can mean filming a video and getting nothing.

Kill fees are often written as a percentage of the total fee, sometimes tiered by stage: a smaller share if cancelled before filming, a larger share after a draft is delivered, the full fee after posting.

Questions to ask: Is there a kill fee at all? Does cancellation "for convenience" (no reason given) trigger it?

5. Usage rights

This is the clause that says how the brand can use your content beyond your own post. Look for:

Wording to watch: "perpetual," "irrevocable," "worldwide," "in all media now known or hereafter devised." Together these come close to a full buyout. The full breakdown and how creators price each piece is in usage rights and exclusivity fees.

6. Exclusivity

An exclusivity clause stops you from working with competitors for a period. The variables:

Questions to ask: Is exclusivity priced in the fee, or was it added after the rate was set? Does it conflict with any deal already signed?

7. FTC disclosure

US brand contracts commonly require you to disclose the partnership, and many specify how. The FTC says influencers should disclose any financial, employment, personal or family relationship with a brand, and that free or discounted products count (FTC, Disclosures 101).

Contracts may require:

The FTC also says that a platform's built-in disclosure tool isn't a guarantee of compliance, and that responsibility rests with the influencer and the brand (FTC, Endorsement Guides FAQ). See FTC disclosure rules for influencers for details.

Wording to watch: Clauses that make you solely responsible for compliance while the brand controls the script, or that ask you to make product claims you can't personally verify.

8. Morality clause

A morality (or "morals") clause lets the brand end the deal if you do something it considers damaging to its reputation.

Wording to watch:

Some contracts make the clause mutual, so the creator can also exit if the brand becomes involved in a scandal.

9. IP ownership

Who owns the content after it's made? There are two broad models:

Questions to ask: Does the brand own the raw footage too? Can you keep the video on your channel after the term? Does the brand get rights to your name, likeness and voice, and for how long?

10. Termination

How either side can end the agreement. Look for:

Termination ties back to the kill fee. If the brand can end the deal for convenience, check what you're owed at each stage.

Other clauses that show up

Keeping track after you sign

Signing is only the start. You'll need the posting date, draft deadline, usage end date, exclusivity end date and payment due date later, often months later, and they're usually scattered across a PDF you won't reopen until something goes wrong. For what to track on every deal, see how to track brand deals.

The checklist

If a clause is unclear or the deal is large, an entertainment or contracts attorney can review it.

How STAKD handles this

STAKD doesn't review contracts or tell you whether to sign; that's what an attorney is for. What it does is keep the terms you agreed to from getting lost after signing:

STAKD is free to start on the Starter plan with no card, and there's a 14-day free trial of Pro features. See plans.

Related guides

This article is general information, not legal advice. For advice about a specific contract, talk to a qualified attorney.

Last reviewed: October 2026

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