Endorsement Agreement Template for England and Wales

An endorsement agreement creates a legally binding relationship between you as a brand owner and an individual who will promote your products or services. Under United States law, this contract must comply with Federal Trade Commission regulations, trademark protections under the Lanham Act, and varying state right of publicity laws that govern how an individual's name, image, and likeness can be commercially used.

When do you need this document?

You need an endorsement agreement whenever you plan to compensate someone for promoting your brand, whether through traditional advertising, social media posts, or public appearances. This includes partnerships with celebrities, influencers, athletes, or industry experts who will represent your company. The agreement becomes crucial when the endorser will use their personal brand, reputation, or follower base to recommend your products. You also need this document to establish clear boundaries around exclusivity, ensuring your endorser doesn't simultaneously promote competing brands during the contract term.

Key legal considerations

Your endorsement agreement must address several critical legal elements to protect both parties. Compensation terms should clearly outline payment schedules, performance bonuses, and any additional benefits provided to the endorser. Usage rights provisions must specify exactly how you can use the endorser's name, image, and likeness, including duration, geographic scope, and approved media channels. Exclusivity clauses prevent conflicts of interest by restricting the endorser from promoting competing products. Termination conditions should outline circumstances that allow either party to end the agreement early, including breach of contract, reputation damage, or failure to meet performance standards. Indemnification clauses protect both parties from legal liability arising from the endorsement activities.

Legal requirements in United States

Under United States law, your endorsement agreement must ensure compliance with FTC regulations requiring clear disclosure of paid partnerships and sponsored content. The endorser must prominently display hashtags like #ad or #sponsored when posting promotional content on social media platforms. Your agreement should address truth-in-advertising requirements, ensuring the endorser only makes claims they genuinely believe and can substantiate about your products. State right of publicity laws vary significantly across jurisdictions, with some states like California and New York providing stronger protections than others. Your contract must respect intellectual property laws, ensuring proper licensing for any copyrighted material, trademarks, or music used in endorsement content. The agreement should also establish which state's laws will govern the contract and where disputes will be resolved, typically favoring jurisdictions with well-developed commercial law frameworks.