8 contract clauses every creator and freelancer should understand

A brand sends over an 11-page contract and wants it back by tomorrow. So you skim, sign, and hope for the best.

Almost everyone does this once. The problem is that the clauses that cost you money are rarely on page one. They’re buried in usage rights, exclusivity, and a paragraph called “indemnification” that nobody reads.

Here are the eight clauses to understand before you sign anything, what they mean in plain English, and what to push back on.

Quick note: this is general information, not legal advice. For anything big or confusing, have a lawyer review it.

1. Scope of work

What it is: Exactly what you’re delivering. For creators, that’s the number and type of posts, platforms, length, due dates, and how many rounds of revisions. For freelancers, it’s the deliverables and what “done” means.

Watch for: Vague language like “promotional content as needed” or “ongoing support.” Vague scope means unlimited work for a fixed price.

Push back by asking for:

• A specific list of deliverables with quantities
• A clear revision limit, like “up to two rounds of revisions”
• Wording that anything outside the list is billed separately

Sample wording: “Any work outside the deliverables listed above will be quoted separately and requires written approval before it begins.”

2. Payment terms

What it is: How much, when, and how you get paid.

Watch for:

• Long payment windows, like net 60 or net 90 (payment due 60 or 90 days after invoice or after the content goes live)
• Payment “upon campaign completion” when the campaign end date is undefined
• No mention of late fees
• Payment tied to performance metrics you can’t control

Push back by asking for: A deposit upfront (often 25 to 50% for freelancers and larger creator deals), shorter terms like net 15 or net 30, and a late fee. If a brand won’t budge on terms, you may be able to adjust price instead. Our guide to writing an invoice that gets paid covers the invoice side.

3. Usage rights and licensing

This is the one that matters most for creators.

What it is: How the brand is allowed to use the content you make, where, and for how long. Posting it on their own social accounts is one thing. Running it as a paid ad, putting it on their website, or using it in email campaigns is another.

Watch for:

• “In perpetuity” (forever)
• “All media now known or hereafter devised” (every format, including ones that don’t exist yet)
• Paid usage or “whitelisting” (running ads through your account) with no added fee
• No time limit at all

Push back by asking for: A defined term, like 30, 60, or 90 days, specific channels, and a separate fee for paid ads or extended usage. Usage rights have real value, and they should be priced that way. See how to price brand deals as a small creator for more on charging for usage.

4. Exclusivity

What it is: A promise not to work with competitors for a set period.

Watch for:

• A long window, like six months or a year, for a one-post deal
• A vague definition of “competitor,” like “any beauty brand”
• Exclusivity with no extra payment

Push back by asking for: A short window, a narrow list of named competitors or a specific product category, and extra pay for exclusivity.

5. IP ownership and “work made for hire”

What it is: Who owns the content once it’s made. There’s a big difference between the brand licensing your content (you own it, they can use it on agreed terms) and the brand owning it outright.

Watch for: Phrases like “work made for hire,” “assigns all right, title and interest,” or “Company shall own all deliverables.”

Here’s what’s worth knowing. Under US copyright law, a commissioned work from an independent contractor only counts as a “work made for hire” in limited situations. The US Copyright Office’s circular on works made for hire explains that it has to fall into one of nine specific categories, and both parties have to expressly agree in writing, in a signed document, that it’s a work made for hire. Many contracts cover themselves by adding an assignment clause too, which transfers ownership anyway.

Push back by asking for: A license instead of ownership, or a much higher fee if they insist on owning it. Also ask to keep the right to show the work in your portfolio.

6. Termination

What it is: How either side can end the contract early, and what happens to money and content when they do.

Watch for:

• The brand can cancel anytime for any reason, but you can’t
• No “kill fee” if they cancel after you’ve started work
• Content you already made can still be used even though you weren’t paid for it

Push back by asking for: Termination rights on both sides, payment for work completed up to the cancellation date, and a kill fee if they cancel late. Sample wording: “If Client terminates this agreement after work has begun, Client will pay for all work completed to date plus a cancellation fee of __% of the total project fee.”

7. Indemnification

What it is: A promise to cover the other side’s losses, like legal costs, if something you did causes a problem.

Watch for: One-sided indemnification, where you cover the brand for basically anything, including problems caused by their own product claims or instructions.

Push back by asking for: Mutual indemnification, so each side covers what it’s responsible for. You cover your part, like using music or images you didn’t have rights to. They cover theirs, like the product claims they told you to say. Some contracts also include a cap on how much either side can owe, which is worth asking about.

This is also where FTC disclosure often shows up. Brand contracts commonly require you to disclose the partnership, and that’s a legal responsibility for you anyway. The FTC’s Disclosures 101 for social media influencers lays out when and how to do it.

8. Non-compete and non-solicit

What it is: A non-compete limits you from doing similar work, or working with certain companies, for a period of time. A non-solicit says you won’t poach the client’s customers, employees, or partners.

Watch for: Broad non-competes that could stop you from working in your whole niche. For freelancers, a clause that stops you from working directly with a client’s customers, even if they come to you.

The FTC tried to ban most non-competes nationwide, but that rule was struck down in court, and in 2025 the FTC dropped its appeals. So whether a non-compete is enforceable now depends heavily on your state. Some states sharply limit them, others allow reasonable ones.

Push back by asking for: A short time period, a narrow scope, or removing it entirely. For one-off projects, a non-compete often doesn’t belong in the contract at all. A non-solicit is usually more reasonable, as long as it’s limited in time.

How to push back without losing the deal

Negotiating is normal. Most brands are fine with reasonable changes.

• Be specific. “Can we change usage from perpetual to 90 days of organic use?” works better than “I’m not comfortable with this.”
• Offer a trade. “Happy to include paid usage. That adds $__ for 60 days.”
• Put it in writing. Ask for changes as edits in the document or as a written addendum.
• Never rely on verbal promises. If it’s not in the contract, it doesn’t count.

Sample email:

Thanks for sending this over, I’m excited about the campaign! A few requested changes: (1) usage limited to organic posts on your owned channels for 90 days, with paid usage quoted separately, (2) exclusivity limited to [named competitors] for 30 days after posting, and (3) payment net 30 with 50% upfront. Let me know if those work and I’ll get it signed.

When to get a lawyer

A lawyer review is worth paying for when a deal is large relative to your income, includes ownership transfer or long exclusivity, involves a multi-month or retainer agreement, or you just don’t understand what you’re signing. Many lawyers offer flat-fee contract reviews.

Your pre-signing checklist

• Scope: specific deliverables and a revision limit
• Payment: amount, deposit, due date, late fee
• Usage: channels, duration, and extra fees for paid ads
• Exclusivity: short, narrow, and paid
• IP: license, not ownership, unless you’re paid for it
• Termination: both sides can exit, and you get paid for work done
• Indemnification: mutual, and ideally capped
• Non-compete: narrow or gone
• Everything in writing, and a lawyer for the big ones

Read every contract like the brand’s lawyer did. Because they definitely did.