Influencer marketing is popular in Canada, with many brands collaborating with influencers, Instagrammers, and YouTubers to showcase their products. Navigating partnerships in influencer marketing goes beyond strategic creativity; it requires a strong legal foundation. Whether you’re a brand seeking new collaborations, an agency managing influencer relationships, or a talent agency handling contracts, having the appropriate legal frameworks is essential. Our lawyers can help you draft an influencer or content creator agreement that provides the protection and clarity you need.
A contract helps avoid misunderstandings and ensures clear expectations between your business and the influencer and/or the content creator.
Here are five key elements to consider:
Content and Publication Platform:
Intellectual Property:
Exclusivity:
Confidentiality:
Termination:
We provide expert corporate and business law services, delivered by top Quebec lawyers with a focus on precision and detail. Our meticulous approach ensures every case is handled with care, achieving successful outcomes for clients. Accessible online from anywhere, we offer competitive rates and transparency with no hidden fees. We proudly serve businesses across Quebec, including in:
In Quebec, the distinction between an employee and an independent contractor is based on the level of subordination. An independent contractor operates without subordination to their client, maintaining full control over their work. In contrast, an employee carries out tasks as directed by their employer.
Key criteria to determine the classification include:
Specific outcomes of the work
Financial or economic factors
Level of subordination in task execution
Ownership of tools and equipment
Integration of tasks within the organization
Control over work performance
Service agreements are for hiring independent contractors or service providers for specific, short-term projects, while employment agreements are used for hiring employees.
Incorporating can strengthen the distinction between an independent contractor-client relationship and an employee-employer relationship. Regardless of incorporation status, having an independent contracting agreement is crucial to define the nature of the relationship and its terms.