Working with brands as a dietitian can be an exciting opportunity to expand your reach and showcase your expertise. However, it’s crucial to establish clear agreements and protect yourself by having a well-drafted contract in place. In this blog post, we will explore the key elements to look for when reviewing brand agreements, along with other important considerations. By understanding these factors, you can ensure a mutually beneficial partnership while safeguarding your professional interests.
These key tips are derived from our recent community call with Bonnie Taub-Dix, MA, RDN, CDN at @BTDmedia – you can catch the Zoom replay here! Learn more about her digital media course linked here.
Please note: The individuals providing information or opinions about legal matters in this blog post are not licensed attorneys and their statements are not intended to be construed as legal advice.
Common Contract Sections
Term:
The contract should specify the start and end date of the partnership, including any possibilities for extensions beyond the initial term.
Scope of Work:
Clearly outline the contracted deliverables and services, such as social media posts, blogs, presentations, TV spots, newsletters, Instagram lives, and more.
Compensation:
Define what, when, and how you will be paid for your services. Consider negotiating payment terms, such as payment within a certain number of days or splitting it into multiple installments.
Exclusivity:
Pay attention to any limitations on working with competing brands during the term. Evaluate the specificity and breadth of the exclusivity requested.
Indemnification:
Understand any clauses that protect the other party from certain losses or damages in case of contract breaches.
Name and Likeness:
Address the use of your identity, image, reputation, and voice. Determine whether you will charge a separate fee or include it within the package structure. Consider including a clause allowing you to request the removal of your name/likeness after the term.
Confidentiality:
Ensure the agreement includes provisions to keep brand products and proprietary information private.
Ownership/Usage:
Clarify who owns the work created during the collaboration and the duration of ownership.
Right to Terminate:
Both parties should have the ability to terminate the contract if necessary, providing a fair and reasonable mechanism for doing so.
Conduct and Appearance:
Define expected behavior and appearance during the course of the contract, aligning with the brand’s values and guidelines.
Force Majeure:
Include a provision that excuses non-fulfillment of services under circumstances beyond your control, such as natural disasters or pandemics.
Perpetuity:
Be cautious of perpetuity clauses that limit your ability to work with other brands indefinitely. Consider requesting the removal of this type of language.
Other Considerations
Do I need a lawyer?
Whenever possible, consult with a lawyer to review and advise on your contracts, ensuring they align with legal requirements and protect your rights.
Who makes the contact?
Typically, the brand will provide their preferred contract, which you can review and make changes to as needed.
Negotiation
Don’t hesitate to request changes to the initial agreement. Mark it up in red and communicate the desired modifications before signing.
Other subtle distinctions
Consider including provisions for the brand to cover expenses like ingredients, props, hair, makeup, “portal to portal” transportation, first-class flights, and compensation for delays while away from home.
Final Thoughts
Contracts play a vital role in dietitians’ collaborations with brands. By paying attention to these essential elements, negotiating when necessary, and seeking legal guidance, you can establish clear expectations, protect your interests, and foster successful partnerships. Remember, ensuring transparency and professionalism will strengthen your credibility as a dietitian in the brand landscape.
Keep these contract tips in mind when working with brands. There’s tons of health and wellness focused brands on the RD Link platform who are eager to connect with dietitians. Click here to claim your FREE free profile!