020: Navigating Dispute Resolution Clauses

In this episode of The Contract Playbook, we dive into the essential boilerplate provision of dispute resolution clauses in influencer brand deals. Host Casey Handy-Smith, Esq. unpacks what these clauses are, why they’re important, and how they can save you from costly legal conflicts. Through a real-life story from The Contract Collective™, Casey shares how one influencer agency dealt with a missing dispute resolution clause, why brands sometimes leave this out, and what creators and talent managers should watch for in similar situations.

Key Takeaways:

• What is a Dispute Resolution Clause? A dispute resolution clause defines how disagreements between parties will be handled, outlining a clear, structured process that helps both parties avoid unnecessary legal battles.
• Types of Dispute Resolution:
  • Mediation: A flexible, collaborative approach where a mediator helps both sides reach an agreement.
  • Arbitration: A more formal process, often binding, with a neutral arbitrator making a decision.
  • Litigation: The traditional court process, typically used as a last resort due to its cost, time, and public nature. Why Include a Dispute Resolution Clause? These clauses provide a roadmap for resolving issues, save time and costs, and help maintain a good working relationship between influencers and brands.
• How to Negotiate Dispute Resolution Clauses:
  • Make your preferred method (like mediation) known to the brand early. Be open to compromise with brand preferences while ensuring protection for your client’s interests.
  • Document discussions if the clause is missing or disputed, creating a record of your negotiation.
  • Real-World Example from The Contract Collective™: Hear how one influencer agency handled a contract missing a dispute resolution clause, why the brand preferred to keep it out, and how they worked through it.

Links & Resources:

• The Contract Collective™ – Join the membership for access to our AI-powered Influencer Agreement Playbook and a supportive community of influencer talent managers and creators.
• Boss Contract Society – Find lawyer-drafted contract templates to protect your business and intellectual property.
• Connect with Casey on LinkedIn – Stay up to date with more contract tips and insights from the entertainment and influencer marketing worlds.

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