012: Exclusivity in Contracts
Play • 13 min

Today is all about exclusivity in your contracts. An exclusivity provision places restrictions on one of the parties so that certain aspects of the relationship will be exclusive between the parties. Not every contract includes this type of provision, but a handful of industries use them regularly. 

Exclusivity clauses are extremely common for bloggers and influencers, particularly in sponsored content agreements. Exclusivity is often a heavily-negotiated area so you need to know how to read these provisions and evaluate if they’re a good fit.

In this episode, I cover several areas typically included in exclusivity clauses within contracts, providing examples along the way. I also touch on what you must do to ensure you’re working with good exclusivity clauses, before wrapping it up with a couple of action steps.

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In this episode:

[02:49] - Exclusivity clauses can include these considerations. Danielle takes a look at each.

[03:08] - An exclusivity clause needs to be specific about when it’s in effect.

[04:01] - This type of timing stipulation has become pretty common in contracts for bloggers and influencers.

[04:44] - Why should you be aware of the duration of the exclusivity period?

[06:06] - Danielle discusses exclusivity provisions covering different geographic areas with some examples.

[06:47] - Concerning the type of services, some exclusivity provisions will be broad while others are more specific.

[07:16] - Service providers may be contracted to provide their services exclusively for a partner in certain business categories.

[07:52] - Danielle talks about why you should be aware of vague definitions regarding exclusivity in business categories.

[08:56] - Which extremely common clause in exclusivity contracts is also often poorly drafted?

[10:32] - What makes a good exclusivity provision? Danielle covers two important aspects of one.

[11:25] - Danielle gives a short review of action steps to take next.

 

Links & Resources:

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Liss Legal

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