Johanna Voss wants to know why contract redlining is a problem. Voss, a talent manager, regularly negotiates with brands and agencies on behalf of her influencer clients. In doing so, she’s become accustomed to redlining, or striking out, certain clauses in contracts, often in the terms and conditions section, or the “fine print,” where she says she generally advocates for more creator protections. According to Voss, it’s crucial for talent managers to be able to redline the terms and conditions, especially to reflect discussions that were part of the negotiation process. But what was once a regular course of business is now getting pushback. Instead of being able to redline contracts like usual, Voss said she has recently been sent contracts to review after negotiations, with language that Voss can’t redline. “The brand gets everything,” Voss told Marketing Brew. “There’s zero protection of the creator. I’ve had about four or five [deals] come over in the past couple of weeks where they send the agreement, they’re like, ‘Oh, FYI, we can’t redline terms and conditions.’” Voss isn’t alone. In the last 18 months or so, Molly Tracy, CEO and founder of talent management shop Vrai, told us she’s gotten “a lot more pushback” on editing the terms and conditions of a contract, often being told that her agency can only edit the scope of work. The rise in agencies and brands limiting redlining comes as the creator economy continues to surge and as influencer marketing deals become more commonplace. Some marketing experts say that limiting redlining could be a simple efficiency play as investment grows and as marketers have more contracts to work through. But talent managers told us it’s causing friction in the negotiation process, all while putting them in a difficult position. “It’s starting to become really problematic,” Samantha Hicks, managing director at Shine Talent Group, said. “We will agree to specific terms…and then we get the contract, and it’s completely different from what we’ve agreed to, and they won’t accept redlines. That obviously puts us in a tough spot because we can’t accept that.” Continue reading here.—KM |