Influencer Terms & Conditions

Between:

Fitmeals Australia Pty Ltd

And:

___________ (your name)  (referred to as the “Talent”)

 

  1. Background

The Talent will be engaged by Fitmeals Australia to participate in a campaign with Fitmeals Australia. The Talent will be briefed accordingly by Fitmeals Australia.

 

  1. Definitions

The following definitions apply to this Agreement:

Agreement means this agreement.

Campaign means the Fitmeals Australia Influencer Campaign. 

Client means Fitmeals Australia. 

Claim means any action, claim, suit, demand, loss, damage liability, cost, expense, tax or payment of whatever nature.

Competitor means any person or entity involved in the food and beverage space, is a home-delivery meal service or a health, fitness and weight loss food program. 

Compensation means the compensation payable by Fitmeals Australia to the Talent in accordance with 7 of this Agreement.

Content means the imagery and captions the Talent creates as part of their involvement in this campaign. 

Intellectual Property means any trademarks, logos, trade/business names, footage, names, images, likeness, signatures, voice, concepts, ideas, confidential information and copyright, designs, patents and any other intellectual proper.

 

  1. Term

This Agreement shall commence on the date the email response from the talent is received accepting participation. The Agreement expires upon Fitmeals Australia providing the talent with 14 days’ written notice, unless terminated earlier in accordance with the terms of this Agreement (“Term”).

The Term of this Agreement will be completed on within 90 days of agreement commencement.

At the request of Fitmeals Australia, the Talent agree to negotiate in good faith a similar agreement for future activity upon the completion of this Agreement.

 

  1. Participation in the Campaign

Fitmeals Australia provides services to the Client and desires to engage the Talent for media and marketing activities for the Client.

The Talent undertakes to participate in the Campaign by doing the following:

  • 2 x Instagram post 
  • 3 x Instagram Stories 

 

    1. Talent Obligations

    The Talent acknowledges that they will actively participate in the campaign, follow all aspects of the brief and submit deliverables by the due date. The Talent shall ensure that he/she complies with all reasonable requests for information and directions within the brief and made by Fitmeals Australia.

    The Talent acknowledges that Fitmeals Australia may refuse to accept any Content that they consider to be offensive, discriminatory, and inappropriate, infringes any intellectual property rights of Fitmeals Australia or any third party or would otherwise cause harm to the business interest or reputation of Fitmeals Australia. The client can exercise the right to request that the talent removes the image from their platforms.

    The Talent warrants that Fitmeals Australia may re-share content onto their own social platforms with credit to the Talent.

     

    1. Disclosure 

    In accordance with the Australian Association of National Advertisers disclosure guidelines, you are required to ensure your audience understands that this is a paid collaboration. Please disclose or use hashtags #FitmealsAustraliaPartner #gifted #ad #sp and/or #sponsored as an identifier on your content if/when sharing content about this campaign. 

     

    1. Content Use 

    The Talent allows Fitmeals Australia to share, use and publish all influencer content created as part of this campaign across the Fitmeals Australia channels, platforms documents, resources and marketing collateral indefinitely. Credit will always be given unless otherwise discussed and agreed.

    Fitmeals Australia will be able to use, share and publish influencer content as a joint copyright owner. 

     

    1. Compensation

    Subject to the Talent fulfilling his/her obligations pursuant to this Agreement, they will receive the following Compensation from Fitmeals Australia for their participation in the Campaign: 

    Payment will be made to the bank account details provided by the talent upon acceptance of the agreement. For more information please contact info@fitmealsaustralia.com.au

     

    1. Competitors 


    Competitor means any person or entity involved in the food and beverage space, is a home-delivery meal service or a health, fitness and weight loss food program. 

     

    1. Indemnity

    The Talent indemnifies Fitmeals Australia against all Claims that directly result from any wrongful or negligent act or omission by the Talent.

    Fitmeals Australia indemnifies the Talent against all Claims that directly result from any wrongful or negligent act or omissions by Fitmeals Australia.

     

    1.  Confidentiality

    The Talent shall keep confidential the terms of this Agreement and any information he/she learns about Fitmeals Australia and the Client that is not publicly known.

    The Talent shall not use or disclose to any person the confidential information of Fitmeals Australia other than as required to fulfil the purpose of this Agreement, or as required by law.

     

    1. Termination

    If for any reason the talent does not meet all obligations or withdraws from the campaign and commitments, a cancellation fee will be payable to the Client, except if the Talent breaches the Agreement as outlined below.

    A party may terminate this Agreement immediately if:

    1. a) The other party (defaulting party) breaches a term of this Agreement and fails to rectify that breach within two (2) business days of being requested to do so by the other party (non defaulting party); or b)  A party (defaulting party) breaches a material term of this Agreement which is incapable of being remedied; or c)  A party becomes insolvent or bankrupt.

    Fitmeals Australia may terminate this Agreement immediately by written notice to the Talent if in the reasonable opinion of Fitmeals Australia, the Talent does something which may harm the reputation of Fitmeals Australia or the Client.

    In the event of termination:

    1. All activities in regard to the Campaign shall cease and, the Talent shall have no further involvement with the Campaign and will not be required to undertake any further activity to assist with the Campaign.
    2. Fitmeals Australia shall cease to associate the Talent with the Campaign and may remove all Content at its discretion.

     

    1. Warranties

    The Talent warrants that:

    1. The Content will be produced and delivered by the Talent in a diligent and professional manner and to the standard of skill and care expected of a professional experienced in producing similar Content;
    2. The Talent has all necessary licenses and qualifications to produce the Content;
    3. The Content shall not contravene any third party intellectual property rights

     

    1.  Entire Agreement

    This Agreement contains the entire agreement between the parties.

     

    1. Waiver

    A single or partial exercise of a waiver of a right relating to this Agreement will not prevent any other exercise of that right or the exercise of any other right. A waiver of any right must be in writing signed by the party waiving the right.

     

    1. Severability

    If all or any part of any provision of this Agreement is illegal or unenforceable in any jurisdiction it is to be severed in that jurisdiction. Severance of any provision or part of any provision will not affect the operation of the remaining provisions of this Agreement in that jurisdiction or the continued operation of this Agreement in its entirety in other jurisdictions.

     

    1. Assignment

     The Talent must not assign, transfer or in any other manner deal with its rights under this Agreement without the prior written agreement of Fitmeals Australia.

     

    1. Counterparts

    This Agreement may be executed in any number of counterparts which taken together constitute one instrument.

     

    1. Governing Law

    This Agreement shall be governed by the laws of the state of Queensland and the Commonwealth of Australia.

     

    1. Survival of Terms

    The provisions of this Agreement which deal with Intellectual Property, confidentiality, warranties, indemnities survive the termination of this Agreement.