Best Social Media Manager Contract to Avoid Legal...

When working as a social media manager, one of the most important things you’ll need is a social media manager contract.

It’s also known as a social media marketing agreement or freelance contract.

Social media marketing is vital to all businesses in our world today as everyone uses social media.

This type of marketing falls under digital marketing, which is how people promote their brands, products, and services online.

Having an online presence as an entrepreneur is critical to your success and social media allows you to network with other business owners and extend your reach.

Starting your own work-from-home business (or being a digital nomad) is a big step to freedom in your career and life.

But you always want to make sure you’re legally protected as a business owner.

My father learned this the hard way when an independent contractor working for him sued him for $90,000.

My dad lost his whole business in the blink of an eye.

And I don’t want that to happen to you!

It’s why as a business lawyer, I’ve dedicated my legal career to helping other entrepreneurs protect themselves and their businesses with my easy-to-customize legal templates.

As a social media manager, you need to use a social media management contract to protect yourself and your clients.

I’ll show you everything you need in this legal contract when you work with clients. You should also avoid making these social media mistakes.

Plus, I’ll show you how to use my independent contract template as a solid contract to offer your social media marketing services.

Table of Contents

What is a Social Media Manager Contract?

A social media management contract is essentially a freelance contract that binds two parties, i.e., you and your client.

It offers you and your client legal protection and helps avoid disputes.

A social media manager contract describes the terms and conditions of your business relationship and contains important clauses such as:

The scope of the project
Payment terms
Confidentiality provisions
Terms and conditions
Termination policy and more

It is critical to have this agreement in place BEFORE you start working with a client.

A social media manager contract makes sure there is no confusion and no errors in what is expected of both parties.

A freelance contract like mine, written by a lawyer, ensures that there are no misunderstandings or potential disagreements later down the road because it’s all laid out in your agreement.

Please don’t grab any legal template from online that’s not written by a lawyer because you have no idea if it even includes all the important legal language to protect you.

At the same time, you don’t want to make the contract overwhelming, which is why using my independent contractor agreement is your answer to avoiding stress and feeling overwhelmed.

If you are working as an independent transaction coordinator then use this transaction coordinator agreement.

Different Names of Social Media Manager Contracts

When working as social media managers, keep in mind that you are working as independent contractors.

So a social media management contract can also be known as:

Freelancing agreement
Client contract
Social Media consultant agreement
Freelance social media manager contract
Freelance contractor agreement
Service agreement
Freelancer agreement (and here are 7 legal issues freelancers must avoid)
Company contractor agreement
Contractor Agreement
Independent contractor agreement
Independent consultant agreement

As you can see, there are many different names for it and honestly, it’s not the name that matters.

From a legal standpoint, what matters is that you have a comprehensive social media manager contract that actually protects you!

That’s why when you look for social media marketing contract templates, don’t just grab any free ones.

They are often missing key legal provisions exposing you to risk and liability. Find out why it’s a legal mistake in this post.

And did you know you can license content and make money? This is the License Agreement template you’d need.

When Do You Need a Social Media Manager Contract?

You need to use a social media manager contract BEFORE you start working on any projects with a client.

That means whether it’s a monthly retainer or a one-off project, you want to have a contract in place before you start working on anything.

This is true whether you’re a solopreneur or a business with contractors or employees.

Think of the times that you signed a contract with traditional jobs. That was for a reason, and that was to protect you and your employer.

So, you want to use a contract for your current clients, if you aren’t, and prospective clients that may sign up for your social media services.

Why You Should Use a Social Media Manager Contract

A social media management contract makes all the rules of your working relationship with your client clear.

It prevents misunderstandings because each person knows what the other person is doing and lays out things like payment, late payment fees, duration of the agreement, and more.

If your client decides to add extra work outside the scope of the project, you can charge them for that additional work.

Plus, a contract allows you to bring legal action against your client or vice versa if one of you breaches it.

A contract is especially important for a social media freelancer or social media consultant because you work on very sensitive areas of your client’s business.

For instance, you work on their social media ads, many parts of each sale funnel, etc. You are often working on aspects that can make them money or lose it.

Plus, as part of your social media management work, you are increasing their social media presence which can make or break them. The wrong social media strategy can even damage your clients’ reputations.

Watch how Keesha used my freelance contract template to protect her online business while working with clients.

Why Free Legal Contract Templates Won’t Protect You

Free legal contract templates sound like a great way to protect yourself and your business.

Who doesn’t love free?

But you can’t just use any old template from the internet for your social media management agreement.

Social Media Management contracts require specific elements. It would be difficult to use a free generic template because they don’t provide adequate legal coverage.

Even if it’s written correctly, you’ll want to make sure that your own Social Media Management Agreement has all the necessary components to protect you and your client.

Whether you are an independent contractor or a business owner, legal contracts are important for protecting yourself and your client.

To learn more, read this post on why entrepreneurs don’t trust free legal templates to protect their business.

What Should Be in a Social Media Manager Contract?

When putting together your social media management contract template (grab this done-for-you template for peace of mind), you should keep these important aspects in mind:

Relationship of the Parties Involved (Introduction Statement)

The Social Media Management Agreement should include a statement about the relationship between you and your client.

The introduction paragraph lays out all the pertinent information, such as:

The contact information – full names and addresses of both parties (yours and the client’s)
Your duties to manage social media accounts for them or their company; what you will do and when you will complete each task
Social media accounts to be managed under the management agreement (which social media platforms)
Start date and term of the agreement

The introduction paragraph is a summary of what you do as a Social Media Manager for your clients or their company.

This section should also state that you are an independent contractor.

You would also include the name of your deliverable, which would be social media management services and anything else you and your client agreed on.

Payment Method and Compensation

As a social media marketer and service provider, you will likely get paid an hourly rate or a fixed fee.

For instance, your client may pay you $25.00 an hour for a certain number of hours every week or month or a flat fee of $450.00 a month.

This section of your contract is where you add the method of payment for your services and the amount of pay you will receive as well as the specific term.

An example would be that your client agrees to pay you a monthly rate of $450 by PayPal on the first of each month for 20 hours a month of social media management.

When I review this section for my clients as a lawyer, this is where I find a lot of legal mistakes where the social media contractor is not clear on the payment terms of the working relationship.

This obviously results in legal disputes later on.

That’s why in my social media manager contract template (aka independent contractor agreement), I give you different payment examples with language to select one that works best for you.

Scope of Work/ Project

The Social Media Management Agreement should include the scope of the project.

The first part is that you will manage social media accounts for your client or their company and then list those accounts specifically by name.

This section also includes what types of posts, updates, etc., are to be posted on those specific platforms, as well as limitations such as time of day, etc.

By spelling out exactly what you will be doing, you can avoid scope creep, which is the uncontrolled changes or additions to a project after it starts.

You’ll know the type of content creation that is expected as well as project deadlines and other time restraints.

When you define the scope, your client has clear expectations of what to expect, and you avoid working for free!

Advanced Retainers or Deposits

This Social Media Manager contract should also include any advanced retainer or deposit required by the client.

As a Social Media Manager, you may require a deposit upfront, so it needs to be included in this section.

This section should also include when you will receive that money and how much of an advance you require from clients.

Copyright or Intellectual Property Rights

This section of the Social Media Contract template states how copyright or intellectual property ownership will be handled.

And per U.S. copyright law, the ownership of any formula, work, or innovation you create goes to content creators.

However, your client usually wants to retain ownership because they paid for it and would want to use it.

In cases like this, you would want a legal clause that explains who retains ownership of the intellectual property.

Intellectual property rights are especially critical in social media management agreements because you often make graphics for your client. This clause says who retains those.

Don’t get confused between copyright laws vs. trademark laws.

A trademark refers to a phrase, symbol, word, or design that you use to identify yourself or distinguish yourself from other people.

Fees for Late Payments

Unfortunately, some clients don’t pay on time.

That’s why a social media manager agreement should include a clause for what will happen if the client does not pay on time.

You can designate a set fee that is added to the invoice if they pay late.

Whether you get paid an hourly rate or a monthly retainer, you can define a late payment that is fair yet shows you mean business.

Termination of the Contract clause

Your social media manager contract should also include a clause for termination of the agreement.

Sometimes things happen in life, or the business relationship just isn’t a good fit.

This section will state how long it takes to terminate the contract and what steps you need to take if either party decides not to renew or end this social media management contract.

It could list the standard two-week notice if that is okay with both parties.

If there are unpaid invoices, you should have a clause that states how long your client has to pay before they are in default.

This section may also include what happens if your client terminates the contract early and when an advance deposit is refunded after the termination of this agreement.

Changes or Revisions

You may also want a clause about the changes or revisions to this agreement. It needs to state that both parties need to agree on any changes and what happens if there is no accord between them.

Usually, clients are good about changes and revisions, but occasionally, you may get an extremely picky client who wants many changes for free.

This is particularly true for graphic designers when they have to constantly make changes as per the client’s specific needs until the client is satisfied.

This additional clause protects you from clients who like to constantly change their minds or the direction of the project.

The freelance contract should allow your clients to change the things they want to, within reason.

But the contract should also help them understand that they may need to pay if the services have already started.

Turnaround Time and Project Deadline

Your Social Media Management contract should include a clause about the turnaround time for any work done and project deadlines.

Usually, you can set an advance deadline, so your client feels confident that their social media updates will be posted by then.

If there is an emergency or special request, this Social Media Manager Agreement shows how to handle it.

It also includes what you as the social media manager can do.

As many unexpected events occur all the time, you want to build in extra time to get the project completed.

If creating a social media campaign on Pinterest will take you a week, you may want to set the deadline ten days out instead of seven.

If you purchase my freelance legal contract template, you’ll also get a “Force Majeure” legal provision.

You will be protected by this provision in case of unforeseeable circumstances like a hurricane, flood, pandemic, or other things that could delay your work.

This provision prevents you from a breach of contract claim if project timelines need to shift.

Social media freelancers should include this clause in their contract to maintain positive client relationships.

Portfolio Use and the Right to Display Deliverables

As social media marketers, you may want to include the deliverables in your portfolio to show potential clients the results you can get or how well you can do your job.

To do that, you need to make sure this clause is included in your social media management contract.

If you don’t, a client can forbid you from displaying the work you did for them in your portfolio.

Some clients do not want their personal information or contact details being displayed publicly due to privacy concerns.

So without this legal clause, you could definitely run into a legal problem.

Independent Contractor Status

It’s very important that you classify yourself as a freelancer or independent contractor and not an employee.

Otherwise, you’ll encounter tax problems and other legal issues.

Therefore, it’s vital that you carefully craft your new contract to establish this status clearly.

Confidential Information

Your clients may want you to sign a confidentiality agreement or NDA that prevents you from sharing trade secrets or sensitive information.

This information could involve secret processes your clients use, customers, or anything else that can be shared with other people or misused.

A confidentiality clause is a common element of many legal contracts. You can learn more in this post about confidentiality agreements and when to use them.

My independent contractor template includes this clause as a bonus for free.

So you don’t need a separate contract if you get this legal template.

Non-Solicitation and Non-Recruit

A Social Media Manager Contract can include a clause about not soliciting or recruiting the client’s employees.

This clause is optional but protects your client and their company from losing employees, an issue that can be very costly for them if they’re in business.

It also protects you as well because some clients may try to retaliate against you by poaching their current employees.

Also, this clause prevents your client from recruiting your employees and hurting your business by stealing them away for less pay or better benefits.

Trust is a very big thing between clients and freelancers, and this protects you both, especially when you’re just starting a business relationship.

This clause doesn’t come in every freelance contract template, but it’s a bonus section in mine!

This way, you have the option of deciding whether you’d like to include this in your contract or not.

Also, a non-compete clause is another optional legal clause to consider adding, if needed.

Responsibilities of Both Parties and Signatures

Of course, to make the contract binding, it needs both of your signatures.

But before that, make sure both parties are clear about the different things they are responsible for.

Signatures make it an official legal document that you can use in court later to enforce either party’s rights.

A signature is a proof that each party agreed to the terms and conditions of the social media management contract.

Dispute Resolution

You need to outline how disputes will be resolved. God forbid, there’s a legal issue between you and your client, it’s a good idea to state how you will handle those disputes.

Other Terms and Conditions

There may be other special terms and conditions you may want to add to your service level agreement or freelance contractor template depending on the project you’re working on.

What Could Go Wrong if You Don’t Use a Contract?

A social media manager contract is an important contract between you and your client.

Many things could go wrong if you don’t use an independent contractor template.

Here are some of the issues you may have without a signed Social Media Manager Agreement:

Misinterpretation: The client or freelancer can misinterpret the terms of the project and the working scope, which can result in nasty disputes.
Non-Payments: Clients may refuse to pay you for the work or not pay you on time.
Extra liabilities: The client can put extra work and liabilities outside of the agreed-upon contract, and that can result in frustration and a waste of your efforts.
Legal troubles: Without an actual social media contract, you can’t prove you had an agreement in the first place, and there’s no legal recourse for you.
Loss of money and time: If any dispute occurs, then you’re risking losing money and the most valuable asset – the time you put in working for that client.

Social Media Manager Agreement Template Written by a Lawyer

So, what is the easiest way to create a freelance contract that protects you and your social media management business?

My easy-to-customize Freelance Contract Template helps write a contract personalized to your needs; all you do is fill in the blanks where I tell you in the template.

You can purchase the Freelance Contract Template here, and you get an instant download.

See how our customer Danielle from CANADA (yes, our templates work globally) is using this same contract to protect her social media marketing agency!

Many of my customers have said they customized the template, and it was ready to go in 15 minutes or less.

The best thing about this independent contract template is it’s legit, affordable, comprehensive, AND drafted by a lawyer and blogger – me!

You get the same lawyer-level protection without having to hire a law firm.

If you want a custom social media manager contract drafted then you can book that service with me here.

Here is what you get when you purchase our Agreement Template:

A detailed Contract that includes all the legalese you need to protect your business.
This contract template works for any social media manager, freelancer, or marketer in any niche!
You get instant access to the template in Microsoft Word and can use this template over and over again
A comprehensive legal template that’s going to protect you from all kinds of legal issues with running your social media marketing business.
Drafted by an experienced lawyer who has more than 10 years of legal experience.
It comes with easy idiot-proof instructions to customize the template based on your business in 15 minutes or less!
Instant download so you can begin using the legal template right away!
Lifetime access to free updates.
Trusted by over 50,000+ bloggers, social media managers, course creators, freelancers, my clients, and other business owners just like you!
Free Facebook support group and access to me!

If you’d like to save more money and time, you can also get the Freelancer’s Legal Bundle which includes this Freelance Contract Agreement and two other legal templates.

You even get free bonuses!

The three templates included in the bundle are the LLC (Limitation of Liability) Agreement, Confidentiality Agreement, and Independent Contract Agreement.

FAQs on Social Media Manager Contract

Check out the answers to the questions we get on the social media management contract.

What should be in a social media management contract?

We discussed each key component of a social media manager contract above but here’s a recap again.

The primary elements you need in a social media management contract include:

Relationship of the parties involved
Scope of project
Compensation and payment method
Advanced retainers or deposits
Changes or revisions
Late payment fees
Turnaround time and project deadline
Termination clause
Intellectual property ownership or Copyright
Independent contractor status
Non-recruit and non-solicitation
Portfolio use and rights to display deliverables
Confidentiality agreement
Other terms and conditions
Both parties’ signatures

Is a social media manager an independent contractor?

Unless you are an employee of a company, a social media manager falls under the independent contractor category.

As a contractor, you are considered self-employed for tax purposes, and you don’t get health insurance or other benefits from the business or individual you work for.

Final Thoughts on Social Media Management Contract

As a freelancer that offers social media services, you need to protect yourself and your business.

I know firsthand how devastating a lawsuit can be because my dad’s lawsuit affected our family for years.

It’s the same independent contractor agreement template that my dad wished he had at that time to prevent that massive lawsuit.

Whether you’re a freelancer or a social media marketing agency, your clients also need protection because they aren’t the only ones who can violate an agreement.

My freelance contract has everything you need to protect all parties involved, and it’s much less expensive than hiring an expensive lawyer and paying hefty legal fees.

Get the freelance contract template here. And see how easy it is to use it with your new client!

Don’t forget to sign up for my Facebook Group here so you can join other entrepreneurs and bloggers for legal and blogging tips. Plus, you’ll be the first to know of special offers on my other legal contracts.

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