Skip to main content

Media Centre

What getting dropped from Coachella reveals about influencer contracts

Thomas Taylor | Commercial & Digital Solicitor | Leeds

Every year, Coachella generates as much content offscreen as on it. This year, some of that content told a less glamorous story: influencers who had been invited, had prepared, and in some cases had spent money getting ready, only to be dropped before they ever boarded a plane.

For those individuals, the financial consequences were real: preparation costs, travel arrangements made, time spent and other opportunities turned down. In most cases, there was very little in writing to support any kind of claim.

A growing industry, still catching up commercially

Influencing has grown rapidly into a legitimate career path and a significant marketing channel for brands. But it remains a sector where many people are building businesses without the commercial infrastructure that other industries take for granted.

This reflects how quickly the industry has moved. Many creators have developed audiences, negotiated brand deals and built income streams without ever needing to think too carefully about contracts - until something goes wrong.

Without a clear written record of what has been agreed, both parties are left in a difficult position if things don't go to plan. The influencer has no clear recourse if the brand pulls out. The brand has no clear recourse if the content doesn't meet expectations. And neither party has anything to refer back to when the relationship breaks down.

Disclosure adds a further consideration

Beyond the contractual side, there are regulatory obligations that apply to this kind of work. In the UK, the ASA requires that paid and gifted content is clearly labelled, whether that is #ad, #gifted or an equivalent disclosure and that labelling is prominent rather than buried. Responsibility sits with both brands and creators.

Getting the foundations right

The commercial arrangements around influencer work, including gifted trips, event appearances and sponsored content, are standard business agreements and should be treated as such. They benefit from the same basic foundations as any other commercial deal: clarity about what is being provided, by when, on what terms and what happens if either party does not follow through.

For anyone building a career in this space, or for brands investing in creator partnerships, taking the time to put proper agreements in place is not an obstacle to doing business. It is what allows you to do it with confidence.

For advice on commercial contracts and digital agreements,  please contact either James Sarjantson on 0113 201 0401 – ku.oc.fcl@nostnajrasj or Thomas Taylor on 0113 204 0407 – ku.oc.fcl@rolyatt.

*Important information about our articles*

Get in touch

Please complete the form below. Fields marked with a * star are required.

  • Contact our offices

  • Make an enquiry