The Influencer Talent Agency Contract is essential in today's digital marketing landscape, particularly in Indonesia's growing social media market. This document is used when a professional agency seeks to formally represent a social media influencer or content creator, establishing the framework for their business relationship. The contract addresses key aspects such as scope of representation, commission structures, content requirements, and brand partnership guidelines, while ensuring compliance with Indonesian regulations including the Electronic Information and Transactions Law and Creative Industry guidelines. It becomes necessary when either an agency is expanding its talent roster or when an influencer seeks professional representation to scale their business. The agreement protects both parties' interests by clearly defining roles, responsibilities, and revenue sharing arrangements, while providing flexibility for the dynamic nature of social media content creation.
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1. Parties: Identification of the Agency and the Influencer, including their legal names, addresses, and registration details
2. Background: Context of the agreement, including the Agency's business, Influencer's status, and intention to enter into representation agreement
3. Definitions: Key terms used throughout the agreement, including 'Content', 'Platform', 'Engagement', 'Revenue', 'Territory'
4. Scope of Representation: Details of the agency's authority to represent the influencer, including permitted platforms and activities
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party
6. Agency Services: Specific services provided by the agency, including booking management, negotiation, and promotion
7. Influencer Obligations: Influencer's commitments, content requirements, posting schedules, and professional conduct
8. Compensation and Payment Terms: Commission structure, payment schedules, revenue sharing, and expense arrangements
9. Intellectual Property Rights: Ownership and usage rights of content, including sponsored content and personal branding
10. Confidentiality: Protection of confidential information from both parties
11. Social Media Guidelines: Content standards, platform requirements, and disclosure obligations
12. Representations and Warranties: Mutual assurances regarding authority, capacity, and compliance with laws
13. Dispute Resolution: Process for handling disagreements, including mediation and jurisdiction
14. General Provisions: Standard clauses including notices, amendments, and governing law
1. Exclusivity: Terms regarding exclusive representation, used when the agency requires sole representation rights
2. International Engagements: Specific provisions for work outside Indonesia, including cross-border payments and compliance
3. Crisis Management: Procedures for handling public relations issues or controversial situations
4. Performance Metrics: Specific KPIs and performance expectations, used for performance-based contracts
5. Content Approval Process: Detailed procedures for content review and approval, important for highly regulated industries
6. Non-Compete: Restrictions on working with competing agencies or brands, used in high-value contracts
7. Insurance Requirements: Specific insurance coverage requirements, important for high-risk activities
8. Morality Clause: Behavioral standards and consequences for violations, used for family-friendly brands
9. Data Protection: Additional privacy and data handling requirements, essential when dealing with EU clients or data
1. Schedule A - Commission Structure: Detailed breakdown of commission rates for different types of engagements and platforms
2. Schedule B - Approved Platforms: List of social media platforms and channels covered by the agreement
3. Schedule C - Content Guidelines: Specific requirements for content creation, including brand safety guidelines
4. Schedule D - Reporting Templates: Standard formats for performance reports and revenue statements
5. Schedule E - Restricted Categories: List of prohibited product categories or content types
6. Appendix 1 - Brand Partnership Guidelines: Specific requirements for branded content and sponsorships
7. Appendix 2 - Technical Requirements: Technical specifications for content creation and delivery
8. Appendix 3 - Emergency Contact List: Key contacts for urgent situations and crisis management
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