This is part 3 of a series of influencer social media and brand liability. If you’re a brand agency or social-media influencer, and you’re involved with using social media influencers to share your products and services, pay attention to this video and the other two videos and resources that are linked in this post. Influencer liability- if you’re an influencer and you’re being hired by social media agencies or brands or companies reaching out to you to help promote their products and services, do the following things. Number #1 don’t be an influencer in the capacity of an Individual . Do business as a limited liability company. Do business as a corporation. Check with a with a qualified experienced lawyer in your state, in your jurisdiction, in your venue, to determine what is the best business entity for you as an influencer to do business as. The next thing you need to do is make sure you get in writing the terms and conditions of Your influence or promotion or marketing campaign? What is it that the brand wants you to do if you’re dealing directly with the social media agency? What is it that the social media agency wants you to do we’re talking about time scope duration Which platforms are you supposed to be engaging on? Are there any limits to what you can do how is pricing? How is compensation going to take place? The bottom line is get everything in writing whether you’re dealing with the social media agency or you’re dealing directly with the brand Next in the written agreement make sure that it’s specified Exactly as to what you can or can’t do What are you allowed to do how much of your unique and individual personality? How much of your brand are you allowed to put into the influencing influencer campaign? This is critically important. You don’t want to overstep your boundaries. You want to negotiate at the beginning of an influencer campaign What you can and cannot do ok Now we’re talking about using contracts using written agreements, right? The next thing you need to do is make sure that in your written Agreement with the social media agency that reached out and hired you or if you’re dealing directly with the brand with the product provider who provides the products and services make sure you have a hold harmless in waiver and equitable indentity provision in your contracts what this means is that if you’ve done everything you’re supposed to do as an influencer or you haven’t Violated any FTC rules or regulations or made any other mistakes? But for some reason there’s a claim or litigation and it’s above and beyond your control You had nothing to do with that claim or litigation, but you get dragged into a lawsuit Okay because of something the social media agency did or something the brand did this provision that you make sure is included in your influencer agreement will require either the social media agency or the brand to step in and Protect you they have to hire the lawyers they have to incur the expense of defense if something happens and there’s a Judgement or a verdict rendered against you they have to step up and hold you harmless they have to pay That verdict or that judgement they have to waive anything that’s being claimed against you that you did wrong in Their defense the bottom line is they step into your shoes and they defend you from any and all claims The next thing you need to do as an influencer is make sure you have liability insurance If a claim is brought against you and you have liability insurance Then that liability insurance company will step in and protect your rights. They’ll bring in legal counsel, and they’ll make sure you’re protected That’s their job. If for whatever reason as an influencer, you can’t get liability insurance Try to get the social media agency or the brand depending on who you’re dealing with to step in and include you on their liability insurance policy By way of a rider by way of an amendment or maybe a brand new policy That’s just smart business and it’s something that a lot of influencers either another never think about or they never do Laughs as an influencer make sure that you comply with all state and federal rules and regulations Make sure full disclosure requirements are satisfied Via the FTC and sometimes even the FCC make sure you do what you’re supposed to do as an influencer under the state and federal laws rules and regulations that Control exactly what you do and if you’re not familiar with what I’m talking about If you’re not sure what you’re allowed to say or not say reach out to a good lawyer in your state with the experience in Influence or liability to help you to hold your hand and to get you going in the right way Contracts written agreements follow the law get liability insurance do everything we talked about and you’ll be positioning yourself for success Not only in 2019, but for many years to come you guys reach out if you have any questions My name’s miss Jackson. Make each day your masterpiece You