You guys i am so so incredibly excited For today's youtube video i don't think You're ready for it because honestly I'm not ready for it but today we've got Another guest Expert coming on to share their Knowledge We're talking about the legal side of Being an influencer youtuber blogger Whatever you are if you are in the Influencing world you need to listen up Because there are certain things that You need to be doing to make sure that You are legally Protecting yourself and just like Abiding by the ftc guidelines and all of That So let's get into it She's here we're doing it hey y'all i'm Cameron with a k I'm an attorney as well as an influencer Concentrator youtuber entrepreneur all The things we love about social media And i'm so honored to be on catherine's Channel but i'm about to spill some Legal tea y'all so get your notepads Ready Oh gosh i am i'm so incredibly excited So a little bit of a backstory I am obviously not from birmingham and When i moved down here you sent me a dm And i didn't even see it i get so many Deals i just like didn't even see it and Then i was trying to find
Other people in the area that were Influencers bloggers doing this thing Ended up finding you and i was like oh She sent me a deal he's like hello again But cameron is so incredibly Knowledgeable when it comes to just like The legal side of things this is Obviously not my expertise so i'm really Leaning on you here So let's just like start with the basics Of like what the heck do influencers Need to know in terms of legal stuff Because like i've Briefly mentioned before that you need To have disclaimers but it's like What the heck is the ftc and right like Just like some basics What do we need to know okay so there's A lot of different elements which i feel Like we never really think about as Creators So something i really want to focus on Is contracts that's Like my lay of the land that is my area Of expertise i love everything about Contracts but within contracts you have Like the ftc you have disclaimers that You should be disclosing Even outside of that in your description Box yes put your disclaimers Especially if you have like a nine to Five that's in a profession so say You're like a doctor Or an attorney as myself i gotta make
Sure i have that disclaimer Which i'm going to do now so although i Am an attorney i am a licensed attorney In alabama i am not your attorney So please seek a local counsel for Specific needs for your legal needs So they can actually like understand the Facts of your specific case and you can Do so by just reaching out to like the Alabama bar association or whatever Insert state bar association And that's exactly why like when i Create my videos about like hey i pay Quarterly taxes it's like This is my experience i am not a Professional like i Am just like covering my butt there but In terms of other disclaimers that People would have to make like Description bars and stuff Affiliate marketing sponsorships like How do you even do that and like what What do people need to know perfect yeah So like amazon they even have it on Their website If you're an amazon affiliate you have To disclose that so Something as simple as just saying hey Y'all make sure you guys click the links Down in the Description box below but they are Affiliate links and what that means is i Get like a little boo-lay percentage Because it ain't that much
But you just have to tell your audience What's going on so yeah the reason you Have to do that Especially for other disclaimers like Sponsored Gifted all of those things it really Falls under the ftc which is the federal Trade commission And they have specific guidelines for Consumers think about it like us as Consumers when i buy something it's just Nice to know Okay they were paid to do this and then Now i can kind of base it off my own Opinion of that person and then purchase It if i like or just yeah go find it Somewhere else so It's really to protect y'all yeah so I'm sure actually i have no idea if You're the same way but just like in the Description of all of my youtube videos I have my disclaimer Saying there may be affiliate links like I always have it in there because i Don't ever want to forget Because like i just don't i just don't But then every time i have a sponsorship Too i always have a specific like Wordage that i add to my description Because you absolutely need to have that There absolutely so And that's a good way to do it because It's sometimes unnatural especially if You're doing like a vlog like if you're
Vlogging you might not think oh i need You Hey this is affiliate links down below So i'm having it in the description box Occasionally on your instagram because i Know that's kind of like a tough thing There yeah Do i put it every time i do a swipe up Link or like what's going on there but As long as you are kind of continuously Doing that People kind of understand okay i'm Assuming this is an affiliate link but Youtube is perfect put it in the Description box on your blog Put it on your website put it on the Website Please so that's like a good question Too because like terms and conditions Yes and all that stuff so like one if You got a website you need to have a Terms and conditions page But please yes even with being a blogger Because i remember when i was first Getting started i obviously knew nothing And i read something that said like if You have an affiliate link yes It needs to be disclosed in your terms And conditions but also you need to Disclose it on that page Yes yes so i'm a little ocd about it so I put it in my terms and conditions and I also put it on the specific page but i Also have a specific disclaimer just
Section as well so it just says okay i'm An attorney i'm not your attorney About the amazon affiliate links any Other relevant links um When it comes to purchasing like my Contract templates they're working with Me as a contract consultant all of those Things Are kind of like on that specific page As well so i'm really covering all the Areas because You know people say well i didn't see That or i didn't read it but then it's Like it was Everywhere yeah it's there but you Absolutely have to have it in your terms Of conditioning yeah So how do people figure out what to put In their disclaimers Or like because i know when i got Started i don't even know if this is the Best way to do it but I just went to other youtubers and i Just took a look at what was in their Description and i was like okay i'm Going to modify it And have like my brand in there being Like thank you for supporting me like Whatever But like what is the right way to even Go about that so that's tricky i love That you said modify because that's Important because Yeah it technically is illegal not
Technically it is illegal if you copy And paste someone's term and conditions In its entirety or even their privacy Policy on their website it's illegal So i would assume it doesn't say Specifically because social media laws Are still They're trying to catch up okay they're The law is so behind i mean like what is This 1932 because it's so behind and they're Trying to catch up into the digital Image so it doesn't specifically say oh You cannot copy and paste like Disclaimers within like youtube videos Or blog posts but Since terms and conditions are stated Like you cannot copy and paste it in its Entirety Take something as inspiration just like Content take it as inspiration but Modify it and make sure that it Represents what you're presenting to Your consumers to your audience because You're never going to be able to copy And paste something in its entirety and It to work for you so I think that's a good idea and that's a Great place to start but even then There's so many different like web Designers that are knowledgeable about That attorneys that you can reach out to Google is a great resource and so is Youtube but again err on the side of
Caution Caution and work with like experts in it Yeah and there's even like templates and Stuff out there too Just like here's how to get started yes And then it's like Modify for whatever you need for your Website for whatever So yeah that's where you get started but Just like no affiliate marketing if you Ever have affiliate links guys Have a disclaimer any sponsorships have A disclaimer and then like Gifted products can we talk about that For like a second like that gets a Little bit weird and i feel like Sometimes People don't disclose yeah when they Have something that's gifted so like Even okay so you guys see like this Video is sponsored by this video it's Not sponsored by anyone When people say that that is very Different from when something is Gifted right again it's not clear so I'm kind of basing it off of being an Influencer myself and then being in the Attorney field seeing how it's Progressing So gifted if you are obligated to do Something On the other side of that gift that's When you need to disclose because that's The argument there it's like i'm
Obligated to do something so i need to Tell my audience like hey just give me All the heads up this is kind of what's Going on Even though i'm not being paid Technically the payment is that gift in That circumstance yeah but if it's just Pr It's like am i saying catherine again But my mom sent me a gift it's just it's Just a casual thing like you don't have To disclose it you can And i always say just if you're Uncomfortable with something or you're Like well they didn't really tell me Something to do but they kind of did or Whatever the case may be with that or if You're signed up with an affiliate Program Read the terms and conditions because Some of those are obligating you to do Something for a certain amount of time Even though you have to post once Once a month and you do additional posts Err on the side of caution and just put That hashtag gifted just in case We're gonna get into contracts and stuff But just because you brought that up Uh i was an affiliate of a company And i didn't fully read their terms and Conditions are like usage or whatever And i misspoke a couple of times which In my opinion i wasn't wrong but like Based off of like once i became an
Affiliate I was wrong because i was agreeing to Right that and it's like the same like Whenever you download an app on your Phone and it's like You just scroll the whole way down You're just like check whatever Guys this is your business like you need To be paying attention and you need to Cover your butt because i ended up Getting kicked out of an affiliate Program It was 100 my fault and i'll say with Those again i think it's because it's so New That should be something that should be Highlighted and bolded and kind of like Really at the front Because i've seen some other affiliate Pro and they do say like they just Have restrictions on what you can and Cannot say how much you can and cannot Promote it and Where you can and cannot do that and all Of those things and me like As an attorney like of course i read the Terms of conditions And the more i know the more i can help Right but it's frustrating and it's like Who wants to read this is boring Sometimes it's boring i'm gonna tell you But it's so important on the on the back End and then like in the long run Because you would hate to be in this
Really expensive lawsuit or even just Like kicked out of a program because It's just annoying and frustrating For sure yeah i lost a hundreds of Dollars Because in the contract it said if you Get kicked out the money like the Affiliate earnings that you made You can't get paid out and i was like Well dang It's like why don't y'all wait until After the last payment like y'all gonna Let me include this money but it's fine It was my fault and that was Yeah it was my fault anyways let's talk More about contrast okay can we just Like start like Basics i love it when do you need a Contract like as an influencer like can You just like give us some examples of Like When you would have to create one or When you would have to assign one Absolutely so of course the obvious is When you're working with brands But before i get to that i do want to Talk about when you're working with like Contractors so A lot of creators work with Photographers or they work with Like assistants or lawyers or anybody That's really helping you run your Business as a creator You should have a contract why because
You want to make sure both people Understand This is what i'm asking you to do this Is what you're asking me to do this is How i'm getting paid this is when i'm Getting paid yes These are the legal ramifications that We're going to apply to if there is a Lawsuit I always say it's just like having Insurance when i get in my car i'm not Thinking Good i got insurance because i'm getting The cars in it today no i'm like thank God i got insurance just in case but i'm Not going to accident And so i do and then i'm glad i have it So it's the same thing with contracts Yeah so Like specifically talking about Photographers a lot of them technically Well legally not me got my lawyer cap on But legally As soon as you take a photo you're the Copyright owner right so the Photographer is the copyright owner not The creator yes you're in the image But if there's no agreement there saying That they hand over all of the Rights and usage and ownership of that Content They're the copyright holder so this Applies because let's say Hbo reaches out to me and i'm like oh my
God i would love to be featured stop And then the photographer is like but Wait i own it and i'm like oh So then technically the photographer can Speak to that network and get the money Without me even being involved because They own it yeah Even though it's your face like exactly The exactly so yeah there's an argument There and like sure as a lawyer i Probably would make the argument that It's my likeliness so i should get a Percentage Great but you would hate to be in that Position when you could just have the Contract that's specific And especially like you would know Because you are a lawyer right but if That happened to me i would be like Well i messed up and it's like the same Thing with that company like Maybe if i would have dug it deeper i Could have found like a loophole or Something but Me just being an influencer and youtuber I'm just like well I messed up like you learn and then you Adjust for exact Time but i was a freelancer for a while And i took some clients Through like another freelancing Platform yeah i also took some clients Off of that and every time i took a Client
Off of that because through that Platform they had their Own contracts and things so i was like Okay just abide by that but whenever i Took them just one-on-one I always had a contract that i created Another thing is management if you guys Sign on management i obviously have a Contract with my management team So since you brought it up brands guys Whenever you do a sponsorship or like What what are your thoughts on contracts Like when do you need a contract with a Brand when they speak to you no you can Um No whenever again when they're Obligating you to do something as soon As that comes up You need a contract yeah also so kind of Backing up from that So let's just say it's just a strictly Gifted like pr i just want to send you Something I always stay in the email because Emails are legally binding Dms are questionable but we'll get to a Minute but emails are legally binding so Like just include thank you so much for This opportunity i am accepting Gifting opportunities at the moment i Will be glad to receive the product However with gifting opportunities i do Not have any any obligation Yep to do anything to post to talk about
It To do anything so just make sure they're On notice and you can just put that in The email and not Say well sign this contract so we know Because contracts can get Back and forth nitty gritty real quick Especially if you're like really reading It thoroughly and like I'm not agreeing to you using my entire Life for the rest of my life so yeah Just make sure you include that in the Email something quick but with A partnership where okay they're sending You products or they're sending you Money to purchase the product and then In return you're producing content As soon as that has come to an agreement In the email Brandon reaches out hey catherine i love Your content it's so great we want to be Included Hey brand this is her manager because She do have management but i don't Well i do but i still because i don't Like to delegate so i'm mine my business Locked up in emails And they're like okay well this is what We want we want a youtube mention In a weekly vlog great i'll be glad to Offer that Here's my rate oh that's high negotiate Healthy great come to a conclusion And then as soon as that conclusion has
Happened yes before you ever start Creating any kind of content Don't purchase nothing don't have this In the products Don't receive products don't give them Your address don't nothing Yeah as soon as that they're like here's What here's what we need from you This is the price great that's when the Contract should come up and then also Even before that If you want to get real professional on Them oh Make sure you guys ask what are the Usage that you're looking for for this Content And what exclusivity are you looking for Because then you can kind of knock that Out in the initial email And then by the time they send the Contract it's like you already saw my Rate for this type of exclusivity Let me just make sure that what you said In the email also is abided by the Contract Yeah and we'll dive into that in a Second one thing i do want to touch upon Because I didn't know this until we had lunch The other day that lasted Five hours without you but it's fine i Like to talk it's fine You brought up dms or not yeah legally Binding
So it's on the fence and when anything's On the fence in law i just say air on The side of just it's not Because california has a state law in Alabama but of course california new York are reigning supreme when it comes To the digital era So california has a state law that says Text messages are not legally binding And they're similar to direct messages Dms therefore neither are legally Binding So this is why i'm always like get out Of the dms get the brands to the emails Just in case because although you may Not be located in california If you get the contract and under the Governing law clause Usually at the bottom then and it says Oh well all laws within california are Governing this agreement There it is boom you have no legal Ramifications if you only were talking Via dm That's so crazy and there's a lot of People that do that i mean brands reach Out to i'm sure both of us About working together in dms and it's Fine for the initial communication But when you're getting in the Nitty-gritty and there's always like Something that changes like dates change And you're like You're in the dm's like oh that's fine
Like i it's okay it's no problem we can Change the date And then they ghost you you can't send That to anybody there's nothing you can Do there's nothing to do with the email You can at least print that out and Attach it to the contract And go from there it's so funny whenever A brand reaches out to me i Automatically be like Here's my email exactly i never even but Like not because that reason it's just Because like i prefer to do business Off of my dms i think that's more Professional like when I'm in email it's like naturally like Hello yes best like you know yeah Girl exactly and then you're like typing On your phone and like i prefer to send Emails on my computer It's just like all the time get crazy Like i might miss something Yeah that's another thing that's Frustrating it's like brands if y'all Are watching this just please in the Email But i think some brands think that they Can reach you through your dms because They know you're going to be checking Your dms to engage with your audience Which like Yes i get it but but this is still like A business transaction here so a lot of Brands reach out via dm
Because you're more likely to accept Something free in that circumstance Because again it's a little bit more Casual So a lot of brands are just like oh we Should send a dm and like oh we just Love this photo we just sent you this Free product you just think okay great Cool and then you just realize i just Accepted something free and now i have To post on instagram for free and i Haven't even sent them my rates Yeah thank you can we talk about that Because that's something that you also Taught me too is like Whenever a brand like you take a photo And it's cute and you like tag them You're like oh i love these chairs and You tag them they're like okay They comment on the photo and they're Like hashtag this and then we can Reshare it or whatever I did not know this until i talked to Cameron and i was like oh Shoot i cringe every time i see you and It it's usually bigger companies And they'd be like i love us and then We'll feature you and then they have This little bootleg link That you can't click because instagram Copy and paste that and please read it You would be surprised the types of Usage rights anytime you see perpetuity Cross it out please perpetuity perpetual
Worldwide world to free it's too much No but you could be just like replying Back with that hashtag thinking oh yeah Like i'm gonna get Free exposure or whatever because They're to reshare the photo on their Instagram account or whatever but like You are binding yourself to something Sneaky That like you had no idea you were like Oh i'm just like yeah it's crazy You'll be driving down the street and See your face on a billboard it's going On that's me And you agree to it because you have Shacked yeah that's wild Or like the most extensive which this is Rare but i've seen it like You sign you say hashtag yes and then Later on they reach out to you for a Partnership And then they realize you were a hashtag Yes and therefore you cannot charge them For paid opportunities for x amount of Time it's crazy that's like the most Dramatic circumstance but like it Happens it's really yeah exactly you Just kind of You got to cover yourself and especially You have to cover your business and this Is something Funny enough i was talking with another Influencer about and we were like I was like if i ever get married again i
Am going to Get a prenup oh yes we like had a whole Conversation about it because we were Like some people have like negative Connotations to that But like you are protecting your Business like at the end of the day if You have more employees Whatever it is you need to protect your Business it's not just protecting you So every contract you sign every dang Hashtag you hashtag Like pay attention because you just you Need to protect yourself and you need to Protect your business yeah no prenups And really if you think about it really Protects both parties but saying my Business is like maybe i get sued for Something If you sign the prenup good luck for you Sir good luck for you Better for me because i still keep my Coin but yeah no i'm off for prenups i Know Anyways that means total tangent okay Let's talk more about like contracts What you need to pay attention to so Like almost let's start at like the Beginning of a contract Or honestly like whatever because i know We already talked about like usage So let's actually start there okay with Like usage white listing We mentioned like perpetuity all of that
Stuff because like when you are Negotiating That is something you need to bring up Because that could change your rates can You just like Even just like break down what does that Mean what the hell does the word Perpetuity mean like let's just like Basically so perpetuity sometimes they Put perpetual and sometimes they say Worldwide Royalty-free it's like this long segment That's like the main words though so Honestly what you can do is control f Find those words and then Go ahead and type up the email and say Please redact the following Yes on page one it says perpetual i Never agreed to Allowing a brand to have my content in Perpetuity perpetually worldwide Royalty-free because what that means is Forever And i know it's like what no forever Literally it's forever they're able to Use your content Repurpose it distribute it make money From it profit from it and that's why You should charge for that but Perpetuity is just too long there's no Way to measure that There's no way to come up like you just Can't measure it so that's why i just Say immediately redact whenever you see
Something that refers to perpetual Again as you're driving down the street You see your face on the billboard and You have No money from it so yeah it's a horrible Feeling and they're making hundreds of Thousands of dollars Yeah and you can just like negotiate With them like if they want some usage Right so like they want to use it Negotiate for a shorter period of time So like either the length of Your sponsorship or something let's say It's like a three month six month or Something You can negotiate that instead of Having it be forever because you don't Know if you're ever gonna blow up And then like your rates would change And them to use that content like You're missing out on money and it's Just like not good so Absolutely and the mo the max i give is A year because again i want to be Able to reevaluate my business my brand My following my rates So i'll do like a three month package Sometimes i'll offer one month depending On what they're looking for but three Months Six months and then a year and then they Can always come back and say hey we Really want to use this content Which has happened to myself as well as
Clients and then they pay again with the New rate So don't be afraid to like she said it's All about negotiating but usage rights Honestly is where you can make the most Money yes you create the content and Sometimes charging for Additional use can feel uncomfortable Because you're like i'm not doing Anything yes you are You are allowing them to use your Likeliness like if i see catherine in a Shirt i'm about to buy that shirt just Because i know katherine and i trust her And i trust her credibility As opposed to if i just see like a model I don't know so that's why you charge For the usage And that's why so many creators they Make more money on the usage because That doesn't matter You're following at that point they're Like i love the quality of your content Maybe you're a professional photographer Videographer And they just want to use that content On their social media or in a billboard Or in a magazine Or in an email marketing something like That guys if you ever Are negotiating with a brand if you're Doing it yourself if your management Team is doing it whatever and you decide On a price and then later on they're
Like up Six months of usage you can charge more For that and then go Back to the table and just keep Negotiating until you get to a point Where you're happy with it but i know we Talked about this at our lunch too Oh you don't really actually we talked About after five seven 20 hours Having margaritas and then the margarita Was gone Tacos was good no i think we were Talking about how like the brand can own Oh yes like they've been so in some Contract i think because Again a lot trying to catch up so brands Are now like oh shoot we need to talk to Some lawyers and like figure out what's Going on so they've been including like Complete and full ownership of the Copyright so they'll add that in there There you go Essentially that's like perpetuity it's Basically the same thing yeah i'm taking A photo because i'm the copier owner of My content if i take it and then i'm Allowing the brand to have complete Ownership of that copyright Same scenario if a network reaches out And they're like oh i really love this Photo I have no say so because now that brand Is the owner of that copyright yeah It's the worst so also control f full
Ownership or ownership just always like Try to find those keywords please read It in its entirety But also go back through if you're like Maybe you missed something because There's always something to take out There has never been a contract let me Not say never that's kind of strong but Rarely if ever that's never Basically every contract should be Negotiated to someone yeah basically Yeah yeah there's always something that You can add or you can take out Because i know they're not going to have The late fee payment that should be Included oh yeah We'll talk about payment terms in a Second but can we talk about White listening yes cause this is Another thing i learned from you i'm Like learning so much over here You're scrolling on your instagram i'm Such a scenario queen but you're Scrolling your instagram and you see Katherine and she's like oh yeah i love Epidemic sound And then you see the little sponsored i Know y'all seen it we're a sponsor it's Not the paid partnership that's separate That's just like a brand partnership But it's just like the sponsored running Ad that like you have it on facebook or Instagram that's White listing so essentially the brand
Is asking to put money put dollars Behind your content to boost it to a Specific target audience It's whenever you see someone that you Follow or Anyone that has a specific sponsored Post that's coming from Them and their account yes so it's Promoting the brand but it's coming from Their account And it's exactly it's kind of like a Sneaky way Yeah in my opinion because they're like The greatest doing it yes Yeah but in reality it's the brand that Has the ad they're just running it Through the creator It is really sneaky it's a smart Business movie it is because As a business it's less likely and it's Not that you don't but like If a brand posts a sponsored post you're Probably like here they go again trying To spam like did they hear me say i Mentioned this item and also it pops up Like how do they do that ai it's weird But like when you see like your fellow Creative you're naturally going to stop Even if you don't purchase and you don't Click like to the shop now or whatever You're naturally going to slow down and Brands have noticed that which is why They've really been pushing whitelisting So you should charge for it please
Because they're making hundreds of Thousands of dollars Simply for the fact that you're more Likely to kind of slow down and be like Oh How do you like that necklace rather Than if it's just a brand you like spam I mean honestly Business move wise like it's so smart on Brands but it is something that you need To See in your contract because you should Be charging more for that So yeah can we talk about payment terms For us Okay so i don't know sponsorships are Great they're awesome and i I yeah no i love sponsorships and i Think a lot of people see Other influencers and they're like my Main source of income is sponsorship Right let me get on the sponsorships but Like something we've even talked about Is like sponsorships it's not like You post a video you post a picture and You're immediately getting paid that day It's not how it works so can we talk About the inventory Not trigger no but um let me tell y'all Right now Just go like your fellow influencers Photo than just right now If they just put hashtag ad hashtag Sponsor go shout them out say thank you
I love this product Comment below because they aren't Getting paid net 30 Net 60 net 45 some people agree to Farther than that i just don't I don't see it what that means is that Once i initially post the content That's when sometimes that's when the Days start to run so net 30 means 30 Days from whatever day in which the Contract states So some contracts state that you need to Submit the invoice and that's when the Date begins to run Some contracts say you need to have the W-9 so you're getting paid over 600 Legally they should be giving you Documentation so you can or your Management yeah or management team So you can submit it for taxes but you Need to see when does that time Start to run yeah so then one you can Know how to Plan your life because and budget around It because you may post content and it's Like yeah i made Ten thousand dollars from this brand Deal but you won't see that money for Two months because you have net 60 so You need to plan around that But also you need to know what that date Is because the brand's not gonna follow Up That's just the reality of it sometimes
You have to follow up with them And that's why you had the late fee Payment because then you know exactly Like what day Hey and the contract is stated that it Started once i sent the invoice and once The content went live 60 days march 1st it's march 2nd It's late it's the yeah so it's so Important to kind of keep track of those Things but you won't know If you don't really thoroughly read that Payment section or sometimes they Claim it as um what you call it Compensation section under the contract You have to make sure you really Understand When does that net 30 start and how am i Getting paid In pro tip if you are using platforms Such as like paypal venmo et cetera i Get it especially when you're starting Out you may not know about like bill.com And other resources Make sure they're covering those fees And that's something you can add in your Contract Even when you're doing like long-term Contracts guys it may be like in Chunk payments it may be separated so Even in the contract it will say that or That's something that you can negotiate And work through and if you are honestly At that level maybe get a management
Team but It is something you need to pay Attention to especially because if a Brand Is late late fees please Please use the late and i think again It's the People feel uncomfortable to kind of Check a company especially if it's like This dream brand We've all been there especially i don't Care what level of creator you are we've All been there where you got that dream Offer you're like i love this brand I would do anything they asked me to do But then reality kicks in it's like no The time and effort that i'm putting in This i need to make sure that the Payment makes sense to what i'm Providing So don't be afraid to just negotiate Everything yeah literally everything and That's something that's probably Not going to come in a contract too Especially if the brand is giving you a Contract they're probably not going to Put late fees in there because why would They put lazy In there but it's something that you can Put in there and something that you Definitely Should think about and just like be Aware so important just do it And then even if you get some pushback
For me that's a red flag if i'm like hey I usually put and i always put it like This even if this is your first contract Come correct i always say this is my Standard thing that i include in my Contract i always include a rate Uh late fee payment right yeah and if They're like well we don't really agree To that My first thought is so do you not agree To pay me on time because it shouldn't Be a problem yeah exactly It's probably a problem just always Include that of course i give a little Bit of like leeway So if they're communicating like hey We're our financial team Our financial department is down or Whatever the case may be there is a Little wiggle room Yeah oh can we talk about exclusivity Oh yeah second we almost should have Talked about this earlier yes Okay hit me because that's another thing You can make money yeah Yeah so explain what it is so Exclusivity Basically it's saying i cannot work with Any other competitor brands And those competitor brands need to be Listed out in the contract Because if you're working with let's Just say walmart And they're like don't work with any
Other grocery stores I need to know which specific ones do You consider as a competitor i may Immediately think okay target like Publix Yeah trader joe's et cetera but they're Like oh no it's really just like pixels So you really want to make sure that You're they're specific about who they Consider as competitors And the reason you're charging for the Exclusivity is because sam's club may Reach out to me and then now i'm having To tell them no within a certain Duration of time because i'm working With walmart And that no is now hindering me for Making that payment therefore walmart You need to make sure you're paying me This and that's not always the case not Every brand is going to have like Exclusivity that you need to abide to But you need to pay attention to the Terms or like Length of time for the exclusivity Because it could just be like okay we're Sponsoring you for three months during Those three months You can't promote sam's like okay that's Fine but like It may be more detailed to the point of Like you can't even mention Sam's like not that you can't get a Sponsorship it's like you need to watch
Your wordage like you Like like you cannot mention them at all Yeah like even organically yeah so make Sure yeah like she said that's a great Point that's a great point and that Could be a problem like let's say you're Promoted by like a skincare company and It's like you can't mention any other Skincare company it's like well That's limits part of my content and What i do Right so i could be doing a get ready With me and i cannot mention anything That relates to the skincare that i'm Using So yeah it can get really broad and i Think initially like i said you got to Negotiate When they present the contract they're Going to try to make sure that they Really are the only one you're working With Which makes sense because to a certain Extent yeah it works for both people Like it's more likely that your audience Is going to be like oh yeah i know she Always talks about that brand like i Know i get it's nothing new here But then also as creators i always say We're guinea pigs like we're guinea pigs We like to try things out and Share share with our audience because Something that may work for me might not Work for catherine and vice versa or may
Work for you and not work for one of us So I'm constantly like finding new products Not only for me but things that y'all Will like too so because of that You gotta charge you gotta charge for That exclusivity yeah it's a lot of Money there Or even i've seen which is like so silly But i've seen other creators like get Not nice comments from people being like Oh well you promoted this brand a couple Months ago now you're using this brand And it's like sounds like yeah have you Used like the same shampoo your whole Entire life you know like You switch things up you don't have to But like with Exclusivity guys like if they have Exclusivity for like a whole year One cameron already mentioned you're Missing out on money there and future Opportunities so you need to be charging For that but Two then you just have to be like more Careful and you just like You like walking on eggshells Because some of them they are specific So if i'm like okay i cannot promote xyz Brand For three days like what have i already Had on my content calendar like i was Gonna promote that brand now i need to Switch it around
But also don't be afraid to tell the Brand like hey i already have Exclusivity with this specific company Can i push you to next month or can i Move you to the next day Just to make sure there's no conflict And the best way like kind of like on The back end that i try to tell my Audience it's like Listen if a product gets discontinued And this is the only product i've ever Told you you know how imaginable We've all been there it was like my Favorite product i use it's the only Thing i use I use it all the time and then it's Discontinued and i have no other Products i can promote or talk about Because i don't know them so it's always Nice to just have a few different Products kind of like In your back pocket so don't be afraid To like try different things termination Can we talk about that so like let's say You're negotiating you came up with the Price and it's like okay but still Before we do this like we got a contract We are signed but like in that contract It's gonna have a termination which We're talking about a second Because like what if you get the product Like you've heard of the brand but You've never tried the product and You're like yeah this sounds great let
Me try the product You try the product and it doesn't work For you and it's like uh well you're Bound to do this sponsorship Right like you gotta have termination Clause in there Yes hit me with your nose absolutely i Try to make sure there's three different Versions of the termination There's the mutual termination where That kind of that scenario will really Work because the brand isn't going to Want you to promote something that like Say it's a skincare company And i'm allergic like what i'm saying i Can't say this was great you got Your face it's a rash like it's going to Work you know it's not going to work So you want to make sure that you have Something that you both of you are like It's a mutual termination No no harm loss yeah usually with those It's just whatever work has been put in Gets replaced so We call it in the legal field part Performance so if you've already Provided me with the product i can Either send it back or i can pay for the Product that's an option Or like if i've already began to create The content and then they cancel The campaign for some instance and i'm Like you know it's okay just pay me This version so then there's the two
Different versions of a breach of the Contract So it's i'm like i'm out i ghost or Whatever the case may be Which i wouldn't do ever and neither Will y'all but let's just say something Happens where i just cannot Complete this campaign yeah and then i'm Breaching the contract which simply Means that i'm not abiding by whatever The obligations were within that Contract I'm done with it i'm out i'm through With y'all that's it So once that occurs i want to make sure That i'm again replacing the brand with Whatever they lost But you want to make sure that it's Reasonable and don't let the brands get Greedy on that because yeah she sent me The product And all of this but like really how much Are you really lost so that's where you Can again you could just Yes the product set it back pay for it Or sometimes the brands may even just Say Keep the product like whatever like it Didn't work out for you yep It's fine great but you want to make Sure that's clear because if it's not The brand technically could come up with All these numbers and say Well they they put us in the below the
Water it's the bad day Come up with this number and say well we Were out twenty thousand dollars because We were guaranteeing We were betting on the fact that you Were going to sell out this amount or Maybe that's something that's pretty Stated so you want to make sure Yeah and they picked you instead of like Another influencer so it's like They could have picked an influencer That like loved their product or that Was successful with their product that Could have led to sales and like now you Can't so yeah it's like missed Opportunity yeah opportunity Exactly so they can come up with that And i ain't got time because it's a fake Number It's really just an assumption of what They may make yeah so because you can't Guarantee that I just don't agree to it period yeah me I just don't and as a creator you should Just that's something where you Negotiate they may include that already So you want to make sure that Hey you know what let's come up with a Number that we can both agree on if they Just have to have some type of like Missed opportunity Which is just crazy usually it's just The product and then again If they breach i want to get paid every
Dollar Coin cent hour moment thought process Stress Like that's what i want to do because if They're just like up randomly hey we're Not doing it or they just don't mention Anything Or i'm emailing them back and forth and There's just no response oh where our Manager quit Okay yeah please see attachment it's Because i'm trying to figure it out yes What i do is really when you come up With your rate you can break that down Hourly so that's a good way to do it so Maybe you say well i spent 10 hours on This and break that down like that That's That's an option we can come with a Number there or again it maybe you just Have a percentage of the total price So if i'm charging five thousand dollars For something 10 cool grade 500 Yeah yeah and don't like devalue your Time guys because usually you're going To brands and you're like okay here's my Ideas What do you think and you're like Thinking up a whole entire concept Whether it's an instagram story Instagram photo like youtube video Whatever it is you're thinking of the Whole entire concept If you've already started creating
Anything or if you've bought Products like let's say you're i like Saw like miss tiffany ma She did a sponsorship with mcdonald's And she spent i don't even Remember how much on like the whole Entire set and everything you put Together Like you already spent that money so Then like if that fell Through that's something you really need To think about and go back to the brand With and like have something in the Contract Just in case it doesn't work out like Everything is just to like protect your Butt guys Exactly you just never know and also Include things like Maybe you get your makeup done Professionally for your shoots maybe Yeah work with a photographer or Hairstylist whatever the case may be Like whatever you purchase In order to complete that project note It and provide it to them that's why Sometimes it's easier just to do the Percentage because Usually i just kind of do a similar Percentage what i use for my late fee Payment so five to ten percent sometimes More if they go too late And i kind of use that same thing for Like whenever um if there is some type
Of termination on their behalf or even Yeah there's so much more that goes into A contract guys and it's gonna like Be detailed with like okay the creator Is providing this and Right as the company are providing this And like it's going to be far more Detailed than what we talked about here But just like some of the things you Need to pay attention to And even if you have a management team They may be looking it over But like also look over at yourself Because you're the one that's going to Be liable at the end of the day yeah Sure there are some management contracts That state that they hold some type of Liability on your behalf like to a Certain extent but at the end of the day You're creating the content it's your Business it's your brand you're signing The contract regardless Yes who's viewing it so you want to make Sure you're covered if you do have an Llc or some type of corporation or Business entity as a creator make sure You're signing your contract on behalf Of your business Just in case again i'm always for erring On the side of caution because you just You would hate to again get in a Circumstance where you're being sued And they make the argument that because You signed the contract on your personal
Behalf under your actual name They can then come for your personal Assets because as a creator maybe you're Like you just starting off you don't Have that much under your business But maybe you have a lot of assets Personally and now they're allowed to Kind of We call it piercing the corporate veil And reaching to the owner because of a Circumstance like that Just as a question because like stevie And i talked about this in our video That we did together and like she shared Her side of things When did you get your llc so i got mine In 2018 In 2018 i started on youtube 2014 Really wouldn't do then i didn't Start making money until 2016 2017 2018 i went ahead and got the Llc i should have done it is it just Because you're like taking it seriously Because like that's always my thing is Like people ask when should i get my llc Like i just created a youtube channel And it's like if you're not sure if You're going to be serious with it Don't waste your money honestly but if You're going to be serious I mean i think you should do it because You're just protecting yourself yeah i Think it's a It's a healthy combination it's a
Healthy combination between i'm taking It serious and i'm making a lot of money Because you're gonna be making a lot of Money as a creator and not Taking it seriously necessarily yet but As soon as you're making And you can say a lot is whatever you May consider that exactly and also keep In mind when you're not an llc You are risking your personal assets so If you are a Parent and you own a home and you own a Car and you have a separate business and You work in a All of those things are reachable at This point so if you're getting sued for Something maybe it's just like you Didn't really read the contract there Earlier the terms and conditions and now You've agreed to something and now you Pay a company back You don't have to say well i only have Ten dollars for my business They're like but you got two hundred Thousand dollars In your personal we want the car yeah You know exactly yeah So again it's always on the side of Caution and llc's aren't that expensive Um they get they can get expensive you Know the more you get into it and Depending on like which taxation you opt For But just do it i said just go for it if
You are making money Yeah i got my llc i mean thankfully i Wasn't in a position where it was like Oh my god i don't have one but like I got mine later than what i probably Should have yeah But i was just waiting because i was Moving from new york to alabama and i Was like well i don't want to form in New york and then also i have to form in Alabama That's a good point so i just waited and Did it But otherwise yeah an llc is just like Protect Protect your butt yes everything i mean Like Seriously yeah that's important i would Say like i know Big big big youtubers have their own Like lawyers On contract or whatever that like they Refer to for every contract and like It's good To be honest like i don't like my Management team has a lawyer that They work with but yeah it goes through Them and then i also look over all my Own stuff myself but like Once i get to a level where i need a Lawyer like i know i Will but like if you're getting started Guys for one Don't be afraid to follow cameron
Because she's amazing She's got so much helpful information That is just going to educate you but Again like she is not your lawyer okay Yes please Again that does not you can do certain Things yourself Yes and you can read it over and you can Learn and you can understand and you Don't have to be totally clueless as Like oh i just gotta sign my name away This is my dream I want to do this like no like read it Over if you're confused about something Ask your management team ask the brand Contact someone that's knowledgeable Like if you need to get a lawyer like go Get a lawyer it's like Oh they usually the closet says you talk To an attorney so if You are a haley page circumstance i'm so Sorry to keep throwing that out but That's a really good example Haley paige was she owns a collection Well owned Under literally yes but she uh had a Collection under the yes Say yes to the dress mm-hmm using her Name haley page There's a litigation lawsuit if y'all Don't know about it definitely check it Out basically in her contract it said That she spoke to an attorney So now she's in court saying they're
Taking over my instagram and they're Using my likeliness and my name But the court is like it said you talked To a lawyer so What says in the contract is what's About what's buying yeah so it kind of Sucks So make sure you see something like that You can talk to myself i Technically i'm a contract consultant And why i do it like that Is because it's just cheaper honestly as A lawyer i have to charge you a lot it's Just like the name of the game we just Have to do it you know But i still am able to provide just the Same amount of services the same amount Of help That i can even if i was representing You as an attorney but a lot of times When you're reviewing a contract you Don't need an attorney yet You don't need an attorney to like yeah Speak on your behalf so that's why i'm Like i can be your contract consultant Review whatever you need me to look at i Accept clients On a monthly basis i also have contract Consultations Yes i am plugging if myself interested So yeah if you're interested in working With me definitely reach out dm email et Cetera if you want to email me that will Be the best
Info cameramoney.com and i'll be glad to Help and just talk it out sometimes you Just need to talk it out i have free Fraternity calls And sometimes it's really just like Something small it's like i'm not gonna Charge you for that I have so many free resources it's not About the money for me it's really about Bridging that gap Because i've seen it even me i've made Mistakes as a creator and then with the Law school i was like how the heck did i Not know that And it's because you don't know what you Don't know exactly so and there's not a Lot of information out there but it's Really really new Even on legal like database websites Kind of like okay nerding out but They don't have a lot of case law Because there aren't cases there aren't A lot of things we can base on even as Lawyers like talking to any lawyers Older younger whatever the case may be We don't know we're kind of making it up As we go and like just hoping precedent Kind of follows us along so definitely I'll link to all of cameron's stuff in The description bar down below Check out our youtube channel instagram All of that stuff i watch her instagram Stories daily i'm like a fan it's fine i Love stories they're my favorite but
They get the tv i think that's it i Think we covered everything we shared so Much information Thank you so much for coming on here Because like i i love to share As much helpful information as possible Like information i wish i had when i was Getting started but it's like I don't like i don't know what i don't Know like remember we met up for lunch We were like okay what are we going to Talk about and i was like I don't know i was like you guys here Because like i don't know what Yeah i was like i know like the basics And i know legally what i have to do After i see disclaimers like all that Stuff but like otherwise Yeah it's like you're the professional Here thanks girl go follow my camera But yeah it's so much more than just the Hashtag sponsor behind being I i love this i enjoy it yeah and i also Love being able to share the knowledge So it's like It's the perfect combination for me yeah That's the Actually turned into a longer video than What i phoned my management team which i Didn't think was possible but it's fine Challenge accepted we're good you should Have not i need to go eat lunch [Laughter] [Music]
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