Updated December 07, 2022
A social media contract outlines the guidelines, terms, and conditions under which a contracted party can create, share, and maintain content for a business’s social media profiles and platforms. These contracts can apply to freelancers, influencers, or a full-time employees, and will specify the rules for all published social media content related to the business.
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Types of Social Media Contracts (3)
Social Media Management Agreement – Used to select an agency or hire an individual to create and manage content for professional social media profiles. For business marketing and public relations.
Social Media Influencer Contract – Used to establish an advertising relationship with a social media influencer.
Social Media Policy – Used to create guidelines for marketing and public relations staff to maintain brand identity, avoid controversial content, and protect confidential information.
What to Include in a Social Media Contract
A quality social media contract will be logically structured and as detailed as possible. It lays out the social media marketing services under negotiation and the terms and conditions of implementing and paying for them. After identifying all parties’ legal names and addresses, most social media contracts should include the following clauses.
Confidentiality
A confidentiality clause is arguably the most critical clause in any contract. It establishes an agreement for all parties to maintain privacy and confidentiality for any information deemed private by each party. The two most common types of confidentiality clauses are non-disclosure agreements and non-compete agreements.
- Non-Disclosure Agreement (NDA): A non-disclosure agreement, also known as an NDA, is added as an addendum to a more comprehensive contractual agreement. It protects proprietary information by prohibiting the contracted parties from disclosing confidential information to any individual or entity that is not “need to know.”
- Non-Compete Agreement: A social media contract can include a non-compete agreement as a clause written directly into the deal or as a stand-alone addendum. It will usually include non-disclosure provisions, but is broader, establishing limitations and prohibitions for contracted parties to work professionally for or to benefit from the competition of other contracted parties. The agreement can set limits for a specific time and geographic area.
Copyright and Usage
The copyright and usage clause identifies which party owns the copyright to produced content and outlines how all parties are permitted to use the copyrighted material.
Equipment and Resources
All parties involved need to include a list of equipment and resources required to produce the deliverables designated in the contract, and clarify whose responsibility it is to provide and maintain them. For example, hard resources such as computers, cameras, and audio equipment may be necessary, as well as soft resources like editing software and project management programs.
Exclusivity
An exclusivity clause identifies if the contracted parties must adhere to the terms of the agreement on an exclusive basis. They would not provide any services or hire any other contractors, even if the arrangement would not be in direct competition with the contracted parties or services. It protects all entities and individuals involved from potential conflicts of interest.
Location
If the contracted parties are required to provide their services from a specific location, the contract must include the address and any relevant work schedules pre-established at that location.
Payment
The payment clause outlines the payment terms, including deposits, flat fees, commission earnings, or complimentary products and services offered as compensation. It also provides instructions on how and when the purchaser must deliver payment(s) to the service provider (cash, check, credit card, wire transfer, etc.).
Scope of Work
The “scope of work” clause establishes precisely what and how the purchase wants or needs services and deliverables completed. It identifies the services and deliverables; the timeline for achieving goals, milestones, and deadlines; the platforms included in the social media marketing plan or campaign (Facebook, Instagram, TikTok, Twitter, YouTube, etc.); and the content guidelines (content direction, copy and visual style guides, prohibited content, etc.).
Termination
The termination clause identifies specifically when the agreement expires. When drawing up the contract, this is usually a specified date, but if a date isn’t known yet, the agreement can loosely establish the end-of-term for when the service provider completes and submits all deliverables. This clause also notes any requirements for requesting to end the contract early.
Social Media Agencies vs. In-House Teams
Social media contracts are necessary for businesses that outsource their social media marketing needs. They can use these contracts to work with individual freelancers and fully-staffed marketing agencies.
Some businesses choose to insource their social media marketing needs by tapping into their existing marketing team or creating a full-time subdepartment of their marketing team to focus on social media campaigns.
There are benefits to both options, and every business simply needs to decide which option will work best for their needs and goals:
- Agencies and Freelancers (Outsourced):
- Access to network and creative resources;
- Diverse expertise (audio development, graphic design, photography, SEO, technical support, videography, writing, etc.);
- No impact on in-house human resources and payroll teams; and
- Variety of ideas and perspectives.
- In-House (Insourced):
- Brand familiarity;
- Exclusive control of concepts, campaigns, and procedures;
- Immediately accessible;
- More efficient;
- Single focus on the company’s needs (no other clients); and
- Variety of ideas and perspectives.