6
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.
Indemnification & Liability
Negotiation strategy
Ensure indemnification clauses cover breaches, negligence, and third-party claims. Negotiate a liability cap that reflects the contract's value.
Limit indemnification to direct damages and set a reasonable liability cap. Exclude indirect damages to minimize risk.
Essential elements
1
Indemnification Obligations
Defines indemnity responsibilities.
2
Liability Cap
Limits total financial exposure.
3
Exclusions from Liability
Excludes indirect damages.
Action framework
ACCEPT
Propose edits if liability cap is too high or indemnification is too broad.
EDIT
Reject clauses that expose to unlimited liability or lack exclusions.
ADD
Add specific scenarios like IP infringement or personal injury.
PRO TIP
Always ensure indemnification clauses are specific and liability caps are reasonable.
Real-world examples
FAVORABLE
Balanced Indemnification Clause
"Each party (the 'Indemnifying Party') shall indemnify, defend, and hold harmless the other party (the 'Indemnified Party'), its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) any breach by the Indemnifying Party of its representations, warranties, or obligations under this Agreement; (b) any gross negligence or willful misconduct by the Indemnifying Party; and (c) any third-party claims related to the Indemnifying Party's products or services."
NEUTRAL
Standard Liability Cap
"Except for liabilities arising from a party's gross negligence, willful misconduct, or indemnification obligations, in no event shall either party's total liability arising out of or related to this Agreement exceed the total amount paid or payable by the Brand to the Influencer under this Agreement during the twelve (12) months preceding the event giving rise to the claim."
UNFAVORABLE
Broad Liability Exposure
"Neither party shall be liable to the other for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, or business opportunities, even if advised of the possibility of such damages, arising out of or related to this Agreement, except in cases of gross negligence, willful misconduct, or breach of confidentiality obligations."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure indemnification covers all potential liabilities, including environmental and safety breaches.
Technology Contracts
For tech contracts, include IP infringement and data breach scenarios in indemnification clauses.
International Agreements
In international agreements, consider local laws affecting indemnification and liability terms.
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WEEK 1
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WEEK 2
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WEEK 3
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WEEK 4
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