Influencer Agreement Template Australia: What a Brand Collaboration Contract Should Cover

An influencer agreement is the written deal between a brand and a content creator: what the creator will post and when, what they are paid (in money, product or both), how long the brand can use the content, how the post will be labelled as an ad, and how either side can end it. Agree it in writing before anything is posted. In Australia both the creator and the brand may break the law if they do not take reasonable steps to make sure a paid or gifted post does not mislead people, so the agreement should deal with disclosure too.

Claim Done drafts an influencer collaboration agreement from your answers for a flat A$49. Either the brand or the creator can fill it in. It is written neutrally between the two, ready for both to sign.

Who needs an influencer agreement

Any paid partnership or gifted collaboration where a business wants a creator to post about its products, from a one-off sponsored post to a season of videos, or a deal paid in free product instead of a fee. The brand needs to know what it gets and what it can do with the content. The creator needs to know what they have promised and when they are paid.

Disclosing paid content: what the ACCC says

Undisclosed endorsements are a consumer-law issue, not just an etiquette one. The ACCC says that under the Australian Consumer Law businesses must not mislead or deceive consumers, and that this applies to influencers engaging in trade or commerce as well as to brands and marketers using influencers. It also says influencers and brands may break the law if they do not take reasonable steps to make sure consumers are not misled into thinking sponsored posts are genuine.

In the same release (7 December 2023) the ACCC reported on its sweep of influencer posts. Of the 118 influencers it reviewed, 81 per cent were making posts that raised concerns under the Australian Consumer Law. The most common issue was not disclosing brand relationships at all. Another was vague wording, such as “sp” and “spon” instead of “sponsored”.

The ACCC’s reminders for influencers are that they should:

• clearly disclose a promotional post in a way that is immediately obvious, including where they received free products, tickets or other gifts or incentives
• never make misleading claims about a product, and not misrepresent their experience with it.

For businesses, the ACCC says to make sure influencers know their Australian Consumer Law obligations, and that scripts should never require an influencer to misrepresent their experience or views on a product.

The ACCC’s sweep report flags disclosures that are hard to notice: at the very end of a long caption, buried in hashtags, only in a video’s description, only on the first post about a brand, or only in the account bio. It says vague labels such as “sponcon”, “collab” and “ambassador” are unlikely to offset a misleading impression. It also notes that advertisers often set terms in their contracts about how brands must be promoted, so the agreement is the natural place to settle disclosure.

The ACCC also describes the Australian Association of National Advertisers’ Code of Ethics as requiring that advertising is clearly distinguishable as such. Other regulators, including ASIC, the TGA and AHPRA, also regulate influencer conduct in their own areas.

What the agreement should cover

• The parties. The brand’s business name and ABN, and the creator’s name, ABN if they have one, and main platform and handle.
• Deliverables. How many posts, stories or videos, and on which platforms. Be specific.
• Dates. When each piece is delivered and goes live, and any step where the brand sees the content before it is posted.
• Payment. The fee, when it is paid, and any product or gifting, with its value.
• Usage rights. Whether the brand can repost the content on its own channels, whether it can also use it in paid advertising, and for how long.
• Disclosure. That the creator will clearly label the content as paid or gifted, and will not make claims about the product that are not true.
• Exclusivity. If agreed, which competing brand the creator will not promote, and for how long.
• Cancellation. How either side can end the deal and what happens to the fee.

Who owns the content, and how long the brand can use it

The Attorney-General’s Department says copyright protection in Australia is free and automatic, and that the creator (or in some cases their employer) gets the rights when the material is first created. Copyright can be assigned, or licensed exclusively or non-exclusively. Moral rights, such as the right to be credited, cannot be assigned or licensed. IP Australia says IP created by a contractor belongs to the contractor unless the contract says otherwise, and recommends a written contract before work starts that sets out who owns the IP and who has the right to use it commercially.

So paying for a post does not, on its own, hand the brand the content. The Claim Done agreement takes this approach: the creator keeps ownership and gives the brand a licence to use the campaign content on the brand’s own channels for a set period. If you do not give a period, the agreement uses 12 months. If you say the brand will use the content in paid advertising and boosting too, the licence covers that for the same period. If you agree that ownership passes to the brand, say so in your answers and the agreement records it.

How the agreement is set out

1. Date and parties: the brand and the creator, with ABNs and handle.
2. The campaign: the deliverables, platforms and number of posts, stories or videos.
3. Timing: the delivery and posting dates or months, and any approval step you give.
4. Fees: the fee, when it is paid, and any product or gifting.
5. Content and usage rights: ownership, the brand’s licence and its period, and any paid advertising use.
6. Disclosure: clear labelling of paid or gifted content, and no untrue claims.
7. Exclusivity: only if you give it, naming the competitor and the period.
8. Cancellation: how either party may end it and what happens to the fee.
9. General: whole agreement, changes in writing, the governing law of the brand’s State or Territory, and electronic signing.

Tax and GST basics

For creators, the ATO says income is not just what lands in your bank account. It can include sponsorships and free products, services or experiences received in exchange for promotion, and a gifted item generally needs to be declared at its market value.

The ATO’s guide Are you in the business of content creation? says that even if your content creation is not a business, amounts you receive may still be assessable income. A genuine hobby is the main exception. If you are carrying on a business as a content creator, the ATO says you need an ABN, and you need to register for GST if you are making A$75,000 or more in a 12-month period (as at November 2026). Once registered, you must charge GST on taxable sales, including local brand deals and sponsorships. Say in the fee whether it includes GST, so the agreement records it. If you are unsure where you stand, the ATO suggests speaking with a registered tax professional.

Keep records

The same ATO guide says a content creator in business should keep records of all business transactions for at least 5 years. For each collaboration, keep the signed agreement, the brief, the invoice, proof of payment, the value of any product received, and screenshots of the live posts showing the disclosure. Brands should keep the same file.

If the other side does not do what was agreed

Write to the other side, quote the clause (the deliverable, the date or the payment), and ask them to fix it by a set date. Keep it polite and in writing. If the deal cannot continue, use the cancellation clause as written.

Mistakes to avoid

• Leaving the usage period and paid advertising unsaid, then arguing about it later.
• Scripts that ask the creator to say they bought the product, or to describe an experience they did not have.
• Disclosure that is vague, hidden at the end of a caption or only in the bio.
• No payment date, or no answer on GST.

Once you know the deliverables, dates and fee, start your influencer collaboration agreement for A$49.