A recent Marketing Brew article reports that more brands are refusing to allow “redlining” in influencer and creator contracts. Then, just a few days after reading the article, I was confronted with a major brand taking exactly the same approach. When I reached out to the company to go over a few simple notes that would clarify the proposed contract… I was told, flat out: “There's nothing negotiable here”
On its face, this might look like a move toward efficiency. But legally and practically, it’s a dangerous step that undermines fairness, damages trust, and shifts risk onto the very creators who fuel this industry.
What’s Happening
Brands want to “streamline” the growing volume of creator deals. Some are rolling out blanket policies: no edits, no markups, no negotiation. Even when their deals are vague, ambiguous, or just plan contrary to what the early discussions contemplated.
Talent managers report that often, verbal agreements aren’t properly reflected in the contracts – and there’s no way to fix them.
The Legal Principles
Adhesion contracts: “Take it or leave it” deals where one side dictates all terms. Courts scrutinize them more closely, especially if they’re one-sided.
Unconscionability: Contracts so unfair that courts may refuse to enforce them. This includes unfair processes (procedural) and unfair terms (substantive). In some cases, courts have ruled entire contracts void because of these principles.
Why Redlining Matters
Redlining isn’t just busywork. It’s the mechanism for ensuring the written contract makes sense and matches the actual deal. Without it, creators risk hidden pitfalls like:
- Broad usage rights they never intended to grant,
- Indemnification clauses shifting liability to them,
- Exclusivity terms that block future opportunities.
Equally important, when brands refuse to negotiate, creators are less likely to even involve their agents, managers, and attorneys… “after all”, they think, “if there's nothing that can be changed, why should I even get advice about the deal?” As a result, creators are left to enter into onerous contracts on blind faith that they won't be victimized or taken advantage of.
The Fallout
Inevitably, these no-negotiation deals will result in strong consequences for creators and brands alike. Consequences like:
- Misalignment between verbal agreements and written contracts.
- Erosion of trust between creators and brands.
- Disproportionate harm to smaller creators who can’t walk away.
- Legal risk shifted downward, while brands save only marginal costs.
A Better Way
Efficiency doesn’t require silencing negotiation. Smarter alternatives include:
- Negotiating Master Service Agreements (MSAs) once, and attaching scopes of work for each campaign.
- Tiered contracts – short forms for small deals, more detailed for large ones.
- Transparent highlight sheets for fixed unchangeable terms.
- Creator education so they can spot red-flag clauses.
- Contracts written by the creators, and presented to brands, signaling strength and professionalism.
Conclusion
Banning redlines may save brands time in the short term, but it’s corrosive in the long run. Contracts are more than legal formalities—they’re a reflection of respect and partnership. Creators deserve better than “take it or leave it.”
It's time for creators and their representatives to take a stand against this kind of bullying. If offered a “take it or leave it”… do the latter. If enough influencers exert their influence, brands will change. But, it takes a unified stance from the creator community… so we all need to start spreading the word!
If you’re a creator navigating these issues, check out my free training at https://podcastertraining.com to learn how to protect yourself and your work.
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