Influencer Marketing- Tips for Influencers, Social Media Agencies, Brands and Consumers

Earlier this year I shared a post, “Social Media Influencer Liability.” It focused on legal liability issues facing influencers and shared tips to help them make smart decisions.

Based upon what recently happened with the Fyre Festival, I thought I’d share these additional legal tips to help everyone in the process protect themselves. Different players in the promotion and consumption chain have different levels of liability exposure and so I hope you find these tips useful.

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Things Brands Should Think About

If using a social media agency as an intermediary, enter into a written influence marketing agreement with the agency. In addition to all the standard terms and conditions, make sure your agreement also contains the following clauses:

  1. Clearly state that the social media agency is responsible for the influencer being made aware, in writing, of and following all local, state, and international marketing rules and regulations. This includes FTC requirements.
  2. Specify what the social media agency and influencer can and cannot do. While you want to give the influencer flexibility to do what he or she does best, you also need to set clear boundaries as to what is and is not permitted.
  3. Specify that the social media agency and influencer both secure liability insurance.
  4. A liability waiver and indemnity agreement should be part of your agreement. Thus, if the influencer breaks the law or acts in a way the creates liability, and you get dragged into a claim or lawsuit, the social media agency and influencer both agree to provide your defense and reimburse you for all claims, expenses, and damages.

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THE FYRE FESTIVAL: This Wednesday on


This past Wednesday on we shared social, legal, and influencer perspectives on the disastrous Fyre Festival. One of our guests was there and shared his on the ground first hand experience. Click here to watch the recorded show.

Not familiar with what happened at the Fyre Festival event? Here’s a short video from Mashable that tells part of the story. I think the music makes the video 😉 (click here or on the image to watch).

So what really happened? Was this an honest case of overreaching by the promoters of the event or simply another very public example of social media and Internet fraud at its finest?

Digital analyst, speaker, and author, Brian Solis, had this to say on Facebook (also see the spirited conversation in the comments below Brian’s post).

Continue reading “THE FYRE FESTIVAL: This Wednesday on”

Visiting Two NY High School Classes via Skype!

I enjoyed visiting, via Skype, the New York high school classes of 21st Century Teacher, Patricia Ragan. We talked about the law, mock trial, and the legal profession.

Update: Click here to see the updated post by Patricia Ragan!

Patricia is doing amazing things with her students and in the near future, I can’t wait to see some of them in court. If you’re a teaching looking to utilize live video in your classroom, reach out to Patricia. She’s doing fascinating things with the platforms!



These “thank you” letters just came in from Patricia and her class. Totally made my day!