Define deliverables precisely
Specify platform, format, number, publication window, duration online, links, tags, technical quality and participation in production or events. State which costs and products form part of the remuneration.
Brief, approvals and corrections
Set who supplies claims and materials, approval deadlines, permitted corrections and the line between required compliance changes and interference with the creator’s authentic style.
Advertising disclosure and legal claims
Require clear commercial-content marking consistent with Polish consumer-protection expectations and platform rules. Allocate responsibility for factual, health, environmental or comparative claims to the party supplying and controlling them.
Rights, image and reuse
How the issue appears in practice
Hypothetical example: paid-media use was never acquired
The client assumes it may turn an influencer’s post into a six-month paid campaign. The creator agreed only to an organic post and demands a new fee after launch assets have already been prepared.
Metrics and authenticity
Specify the reporting period, screenshots or platform exports and access to relevant statistics. Include reasonable assurances regarding artificial followers, prohibited promotion and compliance with platform policies.
Exclusivity
Define competing categories, brands, territory and duration proportionately. A broad ban covering unrelated products or a long post-campaign period may be commercially unrealistic.
Reputational events and cancellation
Use objective triggers and a proportionate process for pausing or terminating the campaign. Address completed work, booked production, removal of content and public communications.
Align the creator and client contracts
The agency should not promise the advertiser broader rights, stricter deadlines or stronger remedies than it has secured from the influencer. Review both sides of the chain together.
Legal basis
- Polish Civil Code of 23 April 1964
- Polish Entrepreneurs' Law of 6 March 2018
- Polish Act of 6 March 2018 on participation of foreign entrepreneurs and other foreign persons in economic activity in Poland
This article provides general information and does not constitute legal advice for a specific matter. The appropriate solution depends on the facts, documents and business objective.
Summary
The contract must translate the campaign brief into enforceable deliverables and align disclosures, claims, rights and remedies throughout the advertiser–agency–creator chain.