What Leeds and Liverpool brands should check in fashion creator contracts

What to take away

Exclusivity clauses Leeds and Liverpool brands should limit

Exclusivity disputes bite hardest in Leeds, where independent labels cluster around Briggate, Victoria Leeds and Trinity Leeds and chase the same Yorkshire shopper. A six-month ban across all womenswear cuts a creator's income. A rival on the same feed wastes the fee.

Define exclusivity by three things: category, competitors and time. "No womenswear brand" is too wide. "No Leeds-based womenswear brand in the premium denim category for 30 days either side of the campaign" is workable.

Name the competitors. If you cannot name them, the clause is a restraint of trade and a court may not enforce it. List up to five named brands or Companies House numbers.

Cap the period. For a single post, 14 days before and 14 days after is common. For an ambassador deal, three months is long enough to protect a launch.

Carve out existing deals. A creator with a retained contract for a Liverpool fashion brand cannot drop it. List existing partners in a schedule.

Use a fee for extra exclusivity. If you want six months, pay for it. A separate exclusivity fee is easier to defend than a blanket ban.

Check the creator's other income. A Leeds creator may earn from affiliate links, YouTube AdSense and brand deals. Exclusivity should not stop affiliate links to retailers unless you are paying for that.

Usage rights and how long a brand can keep running creator content

Usage rights are separate from ownership. The creator owns the copyright unless the contract assigns it. Most brands need a licence, not an assignment.

Set a usage rights period. One year for organic social, two years for website and email, and three years for paid media is a common split. After that, the licence ends or the brand pays an extension fee.

Define media. "All media" is expensive and vague. List the channels: Instagram, TikTok, the brand website, email, paid social and out of home. Add any channel you may use later.

Define territory. For a Leeds brand selling in the UK, a UK licence is cheaper than worldwide. If you ship to the EU, add the EU.

Set the start date. Rights should begin on delivery, not on signature. If the campaign is delayed, the brand should not lose months of use.

Deal with edits. State whether the brand can cut, reorder or add subtitles. State whether the creator must approve edits.

Deal with whitelisting. Running ads from the creator's handle needs a separate, time-limited licence. Do not bury it in the main grant.

Put the deal in writing. Verbal terms on usage rights are hard to prove, and a short commercial contracts in writing note will settle most disputes before they start.

ASA disclosure obligations written into the contract

The Advertising Standards Authority enforces the CAP Code, and the rules apply to any brand that controls the content. A creator who hides an ad puts the brand at risk too.

The Advertising codes - ASA | CAP require ads to be obviously identifiable. Write that duty into the contract rather than leaving it to the creator.

Require #ad upfront. "Ad" must be in the first two lines of the caption, not buried after 20 hashtags. Use "#ad" or "#advert", not "#sp" or "#collab".

Ban misleading filters. A skin-perfecting filter on a makeup ad is a breach. State that the creator must not use filters that exaggerate the effect of the product.

Cover gifted items. A free coat sent to a Liverpool creator is still an ad if the brand controls the post. The contract should say so.

Require approval of the caption. The brand should sign off the disclosure line before the post goes live.

Add a written disclosure policy so creators know the rules before they sign, and keep a record of approved posts for two years.

Payment terms, kill fees and late payment protection

Payment terms cause more disputes than creative differences. Leeds and Liverpool are full of small limited companies that pay creators from monthly cash flow, not a ring-fenced marketing budget. Agree the terms before the shoot, not after.

State the fee, the currency and the payment date. For a Leeds brand, 30 days from invoice is standard. 60 days is common in retail but hard on a sole trader.

Define the invoice trigger. Is it publication, approval or delivery of raw files? Say which.

Include a kill fee. If the brand cancels after the creator has bought props or turned down other work, the creator should be paid. A common split is 25 per cent on cancellation before shooting, 50 per cent after shooting and 100 per cent after delivery.

Protect against late payment. The Late Payment of Commercial Debts (Interest) Act 1998 gives a statutory right to interest on late commercial debts. The statutory rate is 8% plus the Bank of England base rate for business to business transactions, according to GOV.UK late payment guidance. State the rate in the contract.

Check unfair terms. The Digital Markets, Competition and Consumers Act 2024 strengthens the CMA's powers over unfair commercial practices and terms. A term that lets a brand withhold payment at its sole discretion is risky.

Remember consumer law. If the campaign includes a prize draw or a discount code, the Consumer Rights Act 2015 applies to the promotion and to any goods sold.

Budget for the full cost. Travel to a Liverpool shoot, props, editing time and VAT all add up. A hidden costs review before signature saves arguments later.

Termination clauses and what happens to content on exit

Every contract needs an exit. When a Leeds brand loses a wholesale account or a Liverpool launch is pulled, the campaign stops while the invoice still stands. A termination clause decides what is paid and what is not.

Set termination for convenience. Either side can end the deal on 14 or 30 days' written notice. State whether work in progress is paid.

Set termination for breach. List the breaches that allow immediate termination: missed deadlines, undisclosed ads, hate speech, or a criminal conviction that damages the brand.

Deal with content on exit. State whether the brand can keep running posts already published, and for how long. State whether the creator must delete posts.

Deal with whitelisting on exit. Access to the creator's ad account should end on the termination date. The brand should not keep running ads from the creator's handle.

Return or delete assets. Raw files, logins and personal data should be returned or deleted. If the brand holds personal data, the ICO rules on data protection apply.

Set a survival clause. Confidentiality, payment and usage rights should survive termination for the period stated.

Worked example: a Leeds fashion brand and a Liverpool creator

A Leeds outerwear brand books a Liverpool creator for a winter coat launch. The fee is £2,500 for three posts. Exclusivity runs for 21 days and names two competitor brands. Usage rights run for 12 months on organic social and 3 months on paid media. The ASA clause requires #ad in the first line.

The kill fee is 50 per cent after shooting. Either side can terminate on 14 days' notice. On exit, the brand keeps the three posts live for 12 months and stops all paid ads.

Before you sign, agree the service standards agreement so both sides know what delivery looks like.

Common questions