Happy New Year! If you are in LA and are being affected by the wildfires; I hope you are staying safe. I am sending you all good vibes during this very weird time. 💕 

There has been so much going on in the legal world, so let’s jump right in.

Clarity in Contracts – Lessons from Gymshark vs. Nathaniel Massiah

The recent dispute between Gymshark and influencer Nathaniel Massiah is a wake-up call for influencers and brands alike, let’s unpack.

Allegedly, Massiah, an early 20s fitness influencer popular on Instagram, breached a clause preventing him from promoting competitors, particularly YoungLA, for the three months after the Gymshark contract, sparking legal action - what we call an Exclusivity Clause.

Why is this case important for creators? 

We can imagine that many influencers and creators don’t review or fully understand the contracts they are signing, and now the core issue is who’s responsible for ensuring clarity in contracts. Should brands explain the fine print, or is it up to influencers to seek legal advice?

Here’s what I think:

Influencers often overlook their right to have a lawyer review contracts unless an independent counsel clause is explicitly included. Maybe even with this clause, they don’t realize they can have counsel or even without a manager or lawyer present, that they can negotiate their contracts.

Managers and talent agents may not always have the expertise to properly review contracts either. Often, the influencer marketing coordinator role is an entry-level position, and they are limited to the top-down briefings by senior managers and legal teams, with little to no directive on what can be negotiated or how to work with talent.

My suggestion?

Brands should prioritize transparency, but influencers must take charge of understanding their agreements.

This case reinforces why my mission at Kayla Moran Law is to empower influencers, industry professionals, and creative entrepreneurs with the knowledge and tools to strategically monetize and protect their brands. 

Pro Tip: Always ask questions about clauses you don’t fully understand and consult a lawyer when possible.

Legal Eagle vs. Honey

Have you heard about the influencer controversy involving Honey? Allegations are surfacing that the platform is redirecting affiliate commissions away from influencers.

For creators leveraging affiliate income, this case highlights the importance of:

1️⃣ Monitoring your affiliate revenue closely.
2️⃣ Clarifying payment terms in partnership agreements.
3️⃣ Standing up for fair compensation in your collaborations.

Other Legal Headlines You Need to Know

Vibes Case: Keep an eye on this evolving story involving intellectual property disputes in the Creator Economy. It’s a reminder to protect your original work with the right legal safeguards, if possible, and to educate yourself on what is protectable as a creator.

TikTok Ban Looming: The platform’s future in the U.S. remains uncertain, with a ban potentially going into effect on January 19, 2024, unless the Supreme Court intervenes to delay/extend or block the sale required under the Act. A reminder that substitutes like Lemon8 and REDnote are not viable alternatives as they raise the same concerns under the Protecting Americans from Foreign Adversary Controlled Applications Act that triggered this whole mess. Link to my LinkedIn breakdown on this!

Whether it’s reviewing influencer contracts, securing trademarks, or navigating legal disputes, I’m here to help you build, scale, and protect your business.

📆 Book a call today to start the new year with confidence!

Follow my firm’s Instagram to stay updated with legal news and any changes!

Thanks for reading!

Talk soon,

Kayla