What types of things should be in a celebrity endorsement contract?

We would love to provide a template here, but since we aren’t attorneys it wouldn’t be a smart idea for us, seeing as we don’t look good in stripes.

This is not legal advice, but here are some general guidelines:

The contract should specify the brand, the products, and the term ( length of time ) that the endorsement is to take place.

The contract should have the things that the celebrity is allowing you to do, i.e. use their name and likeness in promotions, press releases, commercials, website, ads, infomercials, wherever you intend to use it. Do not take liberties with your written agreement!

The contract should also include any disclaimers that may have to accompany any promotions, press releases or ads, to protect both you and the celebrity.

The contract should state what duties the celebrity is expected to perform as well as what duties the company or individual is expected to perform.

Any costs and fees borne by either party of course

The contract should spell out any expenses to be paid as a result of an appearance, photo shoot, video shoot, narration, in terms of time, hours worked, and travel expenses.

Exclusivity for your niche. At least this should be thought about, since you don’t want the celebrity endorsing both you and your competitor.

Ability for the celebrity to review any advertising creatives or press releases and whether you have to get prior approval or not.

Right to terminate the agreement based upon certain conditions ( bad behavior by the celebrity, or the company, or breach of agreement, or if your company goes bankrupt. Your attorney can hopefully provide a good list of potential “outs” that usually arise from circumstances beyond your control

Licensing names, trademarks, symbols, logos, emblems, service marks and whether or not that is part of the deal.

Representations and Warranties

Indemnity clause of who is liable if something goes wrong.

Insurance coverage, and the amount required. ( usually paid by the company hiring the celebrity )

Relationship of parties- Very important to specify that the celebrity is not a partner in the business if they are not, and exactly what the relationship is, whether it is contractor, partner, equity partner, etc.

Assignment of contract- Can you, or the celebrity assign the duties or sell the contract to others?

Place or jurisdiction that the contract is valid in

There are a number of other factors that are part of almost any other business contract, and the rules are different depending on which country, state, district, etc you are in, which is why a good local attorney is valuable. Some of these contract terms are not limited to authority to contract, severability, waiver or no waiver, merger modifications, choice of law, interpretation, representations, attorneys fees, beneficiaries, recitals, witnesses. This is not an exhaustive list, which is why you do need a good attorney for this.