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Breach of Contract: LGBTQ+

Started by kyle_m_co_21 · Jun 11, 2023 · 1,163 views · 2 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
KM
kyle_m_co_21 OP

I'm in a difficult situation and trying to figure out my next steps.

influencer contract unfair terms. I've been dealing with this for about 4 months now and the situation isn't improving.

The contract was signed 11 months ago. I am not sure I have the original signed copy. The total amount in dispute is approximately $122,000.

Should I hire a lawyer for this or try to handle it myself?

CC
concerned_citizen_20

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

NI
nightshift_3

Ngl i run a talent management agency representing about 40 creators and influencers, so I review these contracts daily. The terms you are describing are unfortunately very common in brand deals, but several of them are increasingly being challenged successfully.

The biggest red flags I see in influencer contracts are perpetual content licenses where the brand can use your content forever without additional payment, broad exclusivity windows that prevent you from working with competitors for months, and assignment clauses that let the brand transfer the contract to any third party. If your contract has any of these, you have strong arguments for unconscionability, especially if you did not have legal representation during negotiation.

Regarding the 122K dispute amount, this is well above the threshold where it makes sense to hire an entertainment or media attorney. Many of them work on contingency for creator disputes because brands frequently settle once proper legal representation gets involved. The FTC has also been increasingly active in investigating unfair contract terms in influencer marketing, so there may be regulatory pressure you can leverage.

One practical tip: document everything about how the contract was presented to you. If it was a take-it-or-leave-it deal with no opportunity to negotiate, if you were given a short deadline to sign, or if key terms were buried in dense legalese, all of these factors support an unconscionability argument. Courts are becoming more sympathetic to individual creators who signed overreaching agreements with large companies that had vastly superior bargaining power.