Influencer marketing has transformed from a niche tactic to a core part of many brands’ digital strategies. Whether it’s a product feature in an Instagram story or a long-term TikTok partnership, influencers can significantly amplify brand reach and consumer trust.

Many businesses still rely on informal agreements or email chains, but in a world where social media content is monetised and reputational damage can be immediate, that may no longer be good enough.

What Is An Influencer and Why Does It Matter To Businesses?

According to the UK’s Advertising Standards Authority (ASA), anyone who is paid to promote a product or service on their personal social media can be considered an influencer. That means it’s not just celebrities with millions of followers, even smaller accounts with loyal, engaged audiences fall under this category.

Influencers typically focus on a particular niche: fashion; fitness; gaming; travel; beauty, and build credibility by regularly sharing content and recommendations with their followers. For brands, this presents a valuable opportunity. In an age where traditional advertising often gets ignored or skipped, consumers are more likely to trust someone they follow and relate to online.

A well-matched influencer can put your product in front of an audience that aligns perfectly with your brand: one that might otherwise take years and significant marketing spend to build. In return influencers gain exposure and income, helping to grow their platforms. Consumers benefit too, receiving curated content that feels more authentic than a standard ad.

Why Your Business Needs an Influencer Agreement

An influencer agreement is a legally binding contract between a business and the influencer. It sets out exactly what’s expected from both sides, and protects your brand if things go wrong.

Without a robust written contract, your business could face:

· Misunderstandings around content expectations such as how many posts are expected, on which platforms and within what timeframe

· Non-compliance with UK advertising regulations leading to possible legal consequences or reputational damage

· Public backlash or reputational harm if the influencer engages in controversial behaviour

· Promotion of competitor products, which can dilute the value of your campaign if exclusivity isn’t address

· Confusion over intellectual property ownership which may limit your ability to reuse influencer content in future marketing

· Disputes over payment terms, especially if payment is performance based, includes perks or products, or involved campaign related expenses

· Risks of confidential business information being shared or misused

· Uncertainty around how the agreement can be ended and what happens to content or rights after termination

· A lack of control over how your brand is portrayed

Legal Risks are Rising

The ASA has become increasingly active in policing influencer content. Brands can be held accountable if influencers fail to properly disclose paid partnerships or breach advertising rules, even if the brand was not directly involved in making the content.

Without a clear agreement in place, your business could find itself exposed to reputational or even financial damage.

Berry Smith’s Bottom Line

Influencer partnerships are powerful, but only when backed by proper legal protection. It is vital that your influencer agreements are tailored to the specifics of your brand, product, audience, or influencer relationship. A commercial lawyer ensures your contracts are legally robust, compliant with advertising regulations, and aligned with your commercial goals.

Our commercial team at Berry Smith is here to help you build agreements that let creativity thrive while keeping your business safe. For expert guidance, you can reach our commercial lawyers at 02920 345511 or commercial@berrysmith.com