10
PLAYBOOK TEMPLATES
Influencer Brand Ambassador Agreement
An Influencer & Brand Ambassador Agreement governs promotional collaborations between brands and individuals. This playbook focuses on content ownership, disclosure obligations, and performance expectations.
Dispute Resolution & Governing Law
Negotiation strategy
Ensure that arbitration is the primary method of dispute resolution to minimize litigation costs and time. Advocate for New York as the governing law to leverage its well-established legal framework.
Negotiate for a mediation step before arbitration to allow for amicable resolution opportunities. Consider the implications of New York law and seek adjustments if it poses significant disadvantages.
Essential elements
1
Arbitration Clause
Specifies arbitration as dispute resolution.
2
Governing Law Clause
Defines applicable legal jurisdiction.
3
Jurisdiction Clause
Establishes court location for disputes.
Action framework
ACCEPT
Propose edits if the arbitration location or governing law is unfavorable.
EDIT
Reject if the clause mandates litigation in an unfavorable jurisdiction.
ADD
Add a mediation requirement before arbitration to encourage settlement.
PRO TIP
Always ensure the dispute resolution process is clearly defined to avoid ambiguity and potential legal challenges.
Real-world examples
FAVORABLE
Preferred Arbitration Clause
"Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be New York, New York. The language of the arbitration shall be English. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof."
NEUTRAL
Standard Governing Law Clause
"This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles."
UNFAVORABLE
Unfavorable Jurisdiction Clause
"Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be commenced in a federal or state court in California, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action, or proceeding."
Alternative scenarios & positions
International Contracts
For international contracts, consider specifying a neutral arbitration location and governing law to accommodate both parties' interests.
High-Value Transactions
In high-value transactions, ensure the dispute resolution process is robust and includes multiple layers such as mediation, arbitration, and litigation options.
Long-Term Agreements
For long-term agreements, periodically review and update the dispute resolution clauses to reflect any changes in the legal landscape or business priorities.
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WEEK 3
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