Who is liable for ad claims in an influencer contract?

Brand deal makes you responsible for every ad claim? See ASCI disclosure duties, why product claims should be the brand's risk and a fair indemnity split.

The risky clause

Creator shall indemnify the Brand against all claims, penalties and legal fees arising from the content, including product claims and advertising regulation breaches.

Why it is dangerous

In India, ASCI influencer guidelines and the CCPA's endorsement guidelines expect clear disclosure such as #ad or #sponsored, and influencers should not make unverified claims. A fair split is: you handle disclosure and your own statements, the brand is responsible for product claims and approvals. This is general information, not legal advice.

Safer clause to propose

Creator will use clear paid-partnership disclosures. Brand is responsible for product claims, supplies approved claims and indemnifies Creator for them. Creator's liability is capped at fees received.

Message to send

Hi [Brand],

Could we split responsibility: I will handle disclosures and my own statements, and the Brand will supply and stand behind product claims, with my liability capped at fees paid? Thanks, [Your Name]

Frequently asked questions

Do influencers in India have to disclose paid posts?

Yes. ASCI guidelines expect clear disclosures like #ad or #sponsored, in a visible place.

Who is responsible for product claims?

Usually the brand supplies and verifies them. Put it in writing.

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