Influencer Management Agreements: Scope: What does a Manager do?

Our fourth minisode of the seventh season of “The Creative Influencer” podcast is available today. This is the third part of our special series about Influencer Management Agreements. In this minisode, Jon continues our deep dive into the nuts and bolts with the Scope of Services. We talk about what a Manager does for an Influencer—and also what you shouldn’t expect them to do.

______________________________________________________________________________

A transcript of the episode follows:

This is the fourth minisode of the seventh season of The Creative Influencer podcast.  Today we’re going to look at the scope of what a manager does for an influencer.

First, let’s talk about what you shouldn’t expect them to do. Managers aren’t lawyers and you shouldn’t expect them to negotiate legal terms of brand agreements. Managers aren’t agents and you shouldn’t expect them to procure employment for you. An influencer manager isn’t the same thing as a business manager. You shouldn’t expect your manager to calculate the taxes you owe on the money you earn or help you invest your earnings. Finally, managers aren’t banks and you shouldn’t expect them to loan you money.

So, what do they do?

A good manager is involved in every aspect of the influencer’s career. They take meetings and will work towards agreements that are in the best interests of your professional career as an artist.

They are responsible for handling, coordinating, and maximizing brand and sponsorship deals. They work with influencers to identify content that resonates with their audience and helps them grow their reach and engagement.

One of the main roles of a social media influencer manager is to identify the right brands that align with the influencer's values and target audience.

Once a brand deal is struck, the manager works with the influencer to develop engaging content that resonates with the brand’s target audience and aligns with the Creative Brief. This includes developing content ideas, providing feedback on content, and ensuring that the content is delivered on time.

The manager also tracks the performance of influencer campaigns, analyzing metrics such as reach, engagement, and conversions.

In addition to these responsibilities, a manager is responsible for maintaining brand relationships, coordinating with brand marketing teams, and staying up to date on the latest social media trends and best practices.

So how does this all break down in terms of the contract? What specific terms do you need? This is the significance of the Agreement in defining scope.

In the Scope of Services, the management agreement should clearly outline the specific services the manager will provide to the influencer.

Some typical language is that the manager is the exclusive manager regarding all matters, offers, agreements, and engagements pertaining to the development or advancement of the Influencer's career in the entertainment industry.

This development of the Influencer’s career includes three main terms:

1) Brand and/or partnership programs;
2) Arranging for the commercial exploitation and use of intellectual property rights controlled and/or owned or later acquired by Talent, including without limitation, Talent's name, image, likeness, voice, trademarks, and copyrights (“Talent IP”) in any and all media, products, or commercial ventures; and
3) All matters in connection with websites and social media accounts maintained by the Influencer.

That covers the Scope of Services, but what about the responsibilities owed by the Manager to the Influencer? So far this all has sounded pretty one-sides, hasn’t it? What, beyond this work does the Influencer get in return for the Manager taking a sizable fee?

A second typical term is a “reasonable efforts” clause. This reads something like “[The Manager] shall use reasonable efforts to render personal talent management services customary in the entertainment industry and provide Influencer with guidance in relation to all aspects of Influencer's entertainment career. This means that the manager is to work diligently in identifying work for the Influencer.

The Manager then has the responsibility of collecting payments for the brand deals. This language will typically read something like: “Manager shall collect and receive all Gross Receipts from any Covered Agreements and deduct and retain all Commissions to which Manager is entitled.” This means the Manager gets to keep their percentage.

One last term to look for is that the Manager will cooperate and communicate with the influencer; and promptly advise them of all meaningful offers and inquiries concerning any “Entertainment Activities” (or potential work) and shall not accept any offer or engagement without first consulting with the Influencer.

Overall, an influencer manager plays a crucial role in helping you grow your reach and career.

Next, we’ll to look deeper at the legal relationship between a manager and an influencer.