UGC contract: the clauses a brand and a creator need, with a template to adapt
General information, not legal advice. This guide quotes French and US rules as published on the day we checked them. Have your contract reviewed by a lawyer before anyone signs.
A UGC contract decides what the brand can actually do with a video. It settles deliverables, rights (uses, places, duration), whitelisting, payment, disclosure, revisions and the end of the rights. In France, law 2023-451 requires a written contract for commercial influence; since 1 January 2026, decree 2025-1137 sets the threshold: the contract must be written once one advertiser's payments and benefits in kind to one influencer reach €1,000 excluding VAT in the same year, for the same promotional goal. Below: a clause list to adapt, not a contract ready to sign.
What a UGC contract has to cover
A UGC video brings together three things to address: the creator's rights in the video, their image and voice, and, if it goes out on their account, the post itself. Without a written agreement, each side can have a different idea of what was bought: the brand runs the video as an ad for a year, while the creator thought they had agreed to one organic post.
On the first point, according to article L131-3 of the French Intellectual Property Code, each right transferred must be mentioned separately in the deed, and the scope of exploitation must be delimited as to its extent and purpose, place and duration. In practice: list each use instead of writing "all rights". That is the whole point of buying UGC usage rights properly.
Source: Legifrance, article L131-3 of the French Intellectual Property Code, checked 30 September 2026
When a written contract is required
France: the influencer law and the €1,000 threshold
According to article 8 of law no. 2023-451 of 9 June 2023, the contract between an influencer and an advertiser (or an influencer agent) must be in writing, on pain of nullity, and include in particular:
- the parties' identity, postal and email addresses and country of tax residence;
- the nature of the tasks entrusted;
- the payment in cash or how it is determined, and the value of any benefit in kind;
- the parties' rights and obligations, notably regarding intellectual property;
- submission to French law when the contract implements commercial influence aimed, among others, at an audience in France.
The threshold comes from decree no. 2025-1137 of 28 November 2025, in force since 1 January 2026: the written contract is required when the payments and the value of benefits in kind granted to an influencer by one advertiser in the same year, for services with the same promotional goal, reach €1,000 excluding VAT.
Does a UGC job count as commercial influence? Article 1 of the law covers people who, for consideration, use their notoriety with their audience to promote goods, services or a cause online. When the creator posts the video on their own account, the situation resembles that definition. When they only deliver a file that the brand publishes, the answer depends on the facts: ask a lawyer. Either way, the list in article 8 makes a sensible minimum.
Article 8 also makes the advertiser and the influencer jointly liable for damage caused to third parties in carrying out the contract. One more reason to write down what the video may say.
Sources: Legifrance, article 8 of law 2023-451, article 1, decree no. 2025-1137, checked 30 September 2026
United States: the FTC and the brand's responsibility
For US consumers, the Federal Trade Commission (FTC) focuses on disclosure and also puts responsibility on the brand. It writes that a company "is ultimately responsible for what others do on your behalf", that advertisers need reasonable programs to train and monitor the people who promote them, and that an endorser under contract should be monitored during the contract and for a reasonable time after, such as a few months. US law also applies to posts made from abroad when it is reasonably foreseeable that they will affect US consumers.
Sources: FTC, Endorsement Guides: what people are asking, FTC, Disclosures 101 for social media influencers, checked 30 September 2026
The clauses, one by one
1. Parties and purpose
Identity, postal and email addresses and country of tax residence, which article 8 requires; add legal names and company or tax numbers. Then the purpose in one sentence: which product, which campaign, which platforms.
2. Deliverables and specs
Number of videos, length, format (9:16), language, hook variants, subtitles, raw files or edited file only, delivery date. If they also post on their account: platform, posting window, required caption, how long the post stays online. The creative detail belongs in the brief, which the contract can refer to: see our UGC brief template.
3. Usage rights: scope first
This clause sets what the video is worth. Following article L131-3, answer five questions in writing:
- Which uses: organic brand accounts, paid social ads, website, email, offline.
- Which changes: cuts, subtitles, new hooks, combining with other footage.
- Where: one country, a region or worldwide.
- How long: a period and a start date.
- Exclusive or not: can the creator reuse or resell the same footage?
Transfer of rights or simple license: your lawyer decides which fits your case, but either way the scope must be written. For market practice on durations and surcharges, see our guide to usage rights and whitelisting. Add the creator's authorization to use their image and voice, with the same uses, places and duration.
4. Paid ads and whitelisting
Running the video from the creator's account (Spark Ads on TikTok, partnership ads on Meta) needs the creator's authorization on the platform. According to TikTok's help center, the creator picks a duration of 7, 30, 60 or 365 days when generating the code. According to Meta's developer documentation, a creator can generate a partnership ad code that lets the brand boost their content, and can delete these codes. The contract should match: posts concerned, code duration, who pays the ad budget, who handles comments. Specs are in our guide to UGC video for TikTok and Meta ads.
Sources: TikTok Ads help, Spark Ads for Smart+ campaigns, Meta for Developers, partnership ad codes, checked 30 September 2026
5. Payment and invoicing
The amount or how it is calculated, what it covers (filming, posting, each right), any benefit in kind and its value, the trigger (delivery, approval or publication), the deadline and the invoice. If part of the pay depends on performance, define it fully: which metric, read where, on which accounts, over which period, from which threshold. Market rates: UGC pricing in 2026. Invoicing for creators: UGC creator legal status.
6. Ad disclosure
France. According to article 5-2 of law 2023-451, in force since 8 November 2024, failing to show an influencer's commercial intent with a clear, legible and understandable mention is a misleading commercial practice, unless that intent is already clear from the context. The intent can be shown with the mention "publicité" or "collaboration commerciale", or an equivalent suited to the format. According to article 5, images retouched to slim or thicken a silhouette or change the appearance of a face carry "Images retouchées", and images produced by AI to represent a face or a silhouette carry "Images virtuelles" (see AI UGC or real creators).
United States. The FTC asks creators to disclose any financial, employment, personal or family relationship with a brand, in the video itself and not only in the description, with clear words such as "ad" or "sponsored" rather than "sp", "spon" or "collab". It warns not to assume that a platform's disclosure tool is enough.
In the contract: who adds the mention, which wording, where, and the brand's right to ask for a correction.
Sources: Legifrance, article 5-2 of law 2023-451, law 2023-451, consolidated version (article 5), FTC, Disclosures 101, checked 30 September 2026
7. Revisions and approval
Revision rounds included, revision (a cut, a caption) or reshoot (a new script), approval period, what happens if the brand stays silent, grounds for refusal. And who has the final word before a post goes out on the creator's account.
8. Exclusivity
If the brand wants to keep its competitors out, name them or define a precise category, with a period and platforms. A broad exclusivity limits the creator's other work: price it separately.
9. Content rules and third-party rights
What the creator must not say (claims, health or money promises), who answers for music, logos and people visible in the video, and what the brand provides (product, demo account). With joint liability in France, draft this one with care.
10. Term, termination and governing law
Dates, termination (notice, breach), what happens to delivered videos and granted rights if the contract ends early, confidentiality, governing law and courts, including the French-law mention required by article 8 where it applies.
11. End of rights
The clause people forget. At expiry: ads stop, the video leaves the website or stays in archives, and renewal has a known price or method. Writing it now avoids a negotiation under pressure.
Clause checklist
| Clause | What to write | Gap to avoid |
|---|---|---|
| Deliverables | Number, length, format, variants, delivery date | "3 videos" with no format or hook variants |
| Usage rights | Each use, allowed changes, territory, duration | "All rights" with no scope |
| Paid ads and whitelisting | Posts concerned, code duration, who pays the ads | A code that expires before the campaign ends |
| Payment | Amount or formula, trigger, benefits in kind, invoice | "Paid on approval" with no approval deadline |
| Disclosure | Wording, placement, who adds it | A mention in the description only |
| Revisions | Rounds included, revision or reshoot | No limit written |
| Exclusivity | Competitors, period, platforms | "No competitors" with no list |
| End of rights | What stops, archives, renewal price | Nothing written |
UGC contract template: the clause list to adapt
Copy this outline into your own document and fill in the brackets. It is a list of points to settle, not a contract ready to sign: wording, legal mentions and governing law must be checked by a lawyer.
- Parties. [Brand: legal name, address, company number] and [creator: identity, address, email, country of tax residence].
- Purpose and deliverables. [Number] videos of [length] seconds for [product], format [9:16], [number] hook variants, raw files [yes/no], delivered by [date].
- Publication by the creator. [Yes/no], on [platforms], from [date], online for at least [period].
- Rights. [License or transfer] of [each right, listed], for [each use, listed], in [territory], for [period] from [date], exclusive [yes/no].
- Image and voice. Authorized for the uses, territory and duration of clause 4.
- Whitelisting. [Spark Ads / partnership ads] on [posts], code duration [period], ad budget paid by [party].
- Payment. [Amount or formula], benefits in kind worth [value], paid within [days] of [trigger], on invoice.
- Disclosure. [Wording], placed [in the video / in the caption], added by [party].
- Revisions. [Number] rounds within [days] of delivery, reshoot [included / priced separately].
- Exclusivity and content rules. [None / named competitors] for [period], claims allowed and forbidden [list], music handled by [party].
- End of rights. At expiry: [ads stop / removal / archives]. Renewal: [price or method].
- Term, termination and law. [Dates], notice [period], [governing law], [courts or mediation].
Going through a platform
On a UGC platform, part of this is settled by the platform's own documents: read them with the same checklist.
On UGC Pocket, our team builds the campaign and writes the video scripts, following the codes of the formats that work in your sector; it selects the creators and reviews each video. Creators publish on their own declared TikTok and Instagram accounts. Rights and terms are set out in the commercial proposal and in the creator contract, and the reuse of videos in ads or on your site is defined in the commercial proposal. From €2,000 per campaign, no subscription, price and terms set out in the commercial proposal (see pricing and the FAQ).
It is not the right choice for a test of a few videos, raw files needed fast, a physical product to unbox or a budget under €2,000: a direct contract built on the template above, or a per-video platform, will suit you better.
Three questions to ask about any UGC offer
Which rights, for which uses, where and for how long? Can the video run as an ad from the creator's account? What happens when the rights end? Get the answers in writing before you pay.
FAQ
Is a UGC contract mandatory?
In France, according to article 8 of law 2023-451 and decree 2025-1137, commercial influence requires a written contract once an advertiser's payments and benefits in kind to an influencer reach €1,000 excluding VAT in a year, for the same promotional goal. Whether a UGC job falls under it depends on the facts. Either way, a written contract is the simplest proof of what was agreed.
What should the rights clause of a UGC contract say?
Each right and each use, listed one by one. According to article L131-3 of the French Intellectual Property Code, each right transferred must be mentioned separately, with its scope delimited by extent, purpose, place and duration. For market practice on durations and surcharges, see our guide to usage rights and whitelisting.
How do you match the contract with Spark Ads or partnership ads?
Align the code duration with the rights period. According to TikTok's help center, the creator picks a duration of 7, 30, 60 or 365 days when generating a Spark Ads code. Write down the posts concerned, the code duration and who pays the ad budget.
Is the ad disclosure mandatory?
In France, according to article 5-2 of law 2023-451, failing to clearly show an influencer's commercial intent is a misleading commercial practice when that intent is not already clear from the context. The mention "publicité" or "collaboration commerciale", or an equivalent suited to the format, can show it. In the US, the FTC asks for the disclosure in the video itself, not only in the description.
Can the brand edit the video?
Only as far as the contract allows: list the changes you need (cuts, subtitles, new hooks) in the rights clause.
What happens when the rights expire?
What the contract says. Settle it in advance: ads stop, the video is removed or archived, and renewal has a known price or method.
Reminder: this page is general information, not legal advice. Laws and platform rules change: check the versions in force and have your contract reviewed by a lawyer.