The Contract Conundrum (Influencers and Breach of Contract)

CASE STUDY

A recent client’s experience showed me just how risky relying on informal agreements can be. She agreed via emails to create content for a brand, with a clear terms and payment. No formal contract was signed and initially everything seemed fine, until the brand started making it difficult for her to work, withholding essential information and even changing passwords. Then, without explanation, refused to pay.

Influencers are the new power players in marketing, they are the trusted voices who connect brands directly with engaged audiences. And you’d be surprised to learn that many deals in this space start simply - a DM, a few emails or a handshake (even if virtual). And usually, that’s enough to get the job done.

But is it really enough?

Cases like this highlight a crucial truth, while informal agreements might work, but in theory they leave both parties vulnerable, especially the influencer. Because without formal contracts, there’s no clear roadmap of each party’s rights and obligations. Important terms like payment schedules, deliverables, deadlines, termination rights, often get left ambiguous or assumed and this ambiguity creates space for misunderstandings, disputes, and sometimes deliberate breaches.

Lets take the example of influencer Carys Whittaker, she publicly called out a brand for “purposely withholding payments” despite a multi-year partnership. And although her case gained a lot of attention, countless others don’t. Many creators quietly lose out, unsure of their rights or too daunted to enforce them.

And this is where a formal contract serve several vital purposes:

They set clear expectations upfront, making it harder for either side to renege or obstruct. They protect against arbitrary changes, like suddenly losing access to accounts or information. They outline remedies and termination processes, so disputes don’t spiral out of control. They act as a deterrent to bad behaviour, showing both parties are serious about the deal.

While UK law does recognise that even emails can create binding agreements, and obstructing an influencer’s performance can be deemed a breach.

Yes, the small claims courts are open to individuals to pursue unpaid fees, even without formal contracts, relying on principles like quantum meruit (payment for work done) and frustration. But relying solely on informal communications is like building a house on sand.

Formal contracts might sound bureaucratic or intimidating to creative minds of freelancers and influencers, especially in a fast-paced, informal digital economy. But they are a shield as much as they are a sword.

As I will always say, with the right contract, you’ll never need to go to battle.

And as the influencer economy grows into a multibillion-pound industry, professionalism and clarity must keep pace. Brands and creators alike will benefit from clear, fair, and enforceable agreements that protect relationships and reputations.

So, while informal deals might get things started, formal contracts ensure parties perform and things end well.

If you’re an influencer or a brand navigating this new landscape, remember, a well drafted contract isn’t just paperwork…It’s peace of mind. To strengthen your personal and commercial defences with tailored solutions, I welcome the opportunity to connect.

JOA Solutions Clarity. Confidence. Compliance.