Influencer Collaboration Agreement
This Influencer Collaboration Agreement ("Agreement") is made and entered into on this day (the "Effective Date")
by and between RCMC Medical Center (“Brand”) 7388 Carnelian St, Ste D, Rancho Cucamonga, CA 91730 and ("Influencer's Full Name").
Together, the brand and the influencer will be referred to as the “Parties.”
The Parties acknowledge that they have sufficient legal capacity to enter into this Agreement for services and will comply with the requirements herein.
Influencer agrees to perform the services described herein for the brand under the terms and conditions set forth in this agreement. This agreement constitutes the entire agreement between the parties for the services to be performed and supersedes all prior representations and agreements, whether written or oral.
In consideration of the mutual promises set forth in this agreement, it is agreed by and between the brand and the influencer as follows:
1. Provision of professional services
Both Parties agree that the influencer will provide the following services in their capacity as a social media influencer:
● Content: the influencer will save the posted content and send it to RCMC Medical Center Failure to follow these publication requirements, including failure to include the codes stated above, will be cause for breach and/or termination of the agreement. The posted content must be new and unpublished. Images or videos used by the influencer in the past are not valid. The influencer agrees to not delete the aforementioned publications from their profiles and/or social channels for at least one year after publications. The influencer agrees to edit and republish the publications at least two times if said publications fail to fulfill the conditions set forth in this agreement and/or if said publications negatively affect the brand’s image. These services will be provided by the influencer as an independent professional, in a non-labor relationship. The influencer will not be an employee of the Brand at any time. The influencer acknowledges that he/she has the following: necessary qualifications and training; the production infrastructure; the equipment needed to develop their professional and economic activity; and sole responsibility for the use, conservation, and custody of their work instruments. The brand will provide the following to the influencer: • Ninety (90) days of free medication (Semaglutide/Tirzepatide, or what ever is best for their goals) with a consultation • Personalized weight loss plan either in-clinic or virtually with a nutrition coach, fitness app, and food app Followers receive: • Receive $100 off for the first treatment
● Deliverables:
○ 2 reels and 2 stories on Instagram and/or TikTok per month
○ Influencer must post within 3 days of the treatment
○ Content must capture the entire treatment process
○ Influencer cannot work with a competing clinic for the duration of this partnership
• Publications must include:• Must add as a "COLLABORATOR" the brand AND the agency
• @rcmc.medical.center - Instagram
• @rcmc.medical.center - Tiktok
○ I am aware of the difference between "adding as collaborator" and “tagging".
○ Use of hashtags: #rcmcmedicalcenter #rcmcweightloss #Semaglutide #Tirzepatide #weightloss and other service relevant keywords and hashtags
Influencer Name:_______________
● Statistics: the influencer will provide the statistics related to the impressions/reach, engagements, amplification, and clicks generated by each post via screenshots.
● Content: the influencer will save the posted content and send it to RCMC Medical Center. Failure to follow these publication requirements, including failure to include the codes stated above, will be cause for breach and/or termination of the agreement.
○ The posted content must be new and unpublished. Images or videos used by the influencer in the past are not valid.
○ The influencer agrees to not delete the aforementioned publications from their profiles and/or social channels for at least one year after publications.
○ The influencer agrees to edit and republish the publications at least two times if said publications fail to fulfill the conditions set forth in this agreement and/or if said publications negatively affect the brand’s image.
○ These services will be provided by the influencer as an independent professional, in a non-labor relationship. The influencer will not be an employee of the Brand at any time.
○ The influencer acknowledges that he/she has the following: necessary qualifications and training; the production infrastructure; the equipment needed to develop their professional and economic activity; and sole responsibility for the use, conservation, and custody of their work instruments.
The brand will provide the following to the influencer:
• Ninety (90) days of free medication (Semaglutide/Tirzepatide, or what ever is best for their goals) with a consultation
• Personalized weight loss plan either in-clinic or virtually with a nutrition coach, fitness app, and food app Followers receive:
• Receive $100 off for the first treatment
2. Duration
This agreement will have an indefinite duration from the effective date. The agreement can be canceled at any time. During this period, the influencer will adhere to the deadlines communicated to the brand.
3. Specific conditions for the provision of services
3.1 Place of provision of services The influencer will provide their services on Tiktok and/or Instagram
3.2 Facilities and media The Influencer has adequate and sufficient material means to create content and fulfill their professional duties. Therefore, they will be solely responsible for:
● The acquisition and maintenance of hardware, software, and any other electronic-devices, including mobile phones.
● The hiring and maintenance of telephone and internet service with sufficient capacity for the development of the work outlined in this agreement.
4. Compensation
In exchange for the provision of their services, the brand agrees to provide the influencer with a product/service. Please input your product/service of interest:
5. Fiscal and social security responsibilities
The influencer is responsible for complying with all fiscal, social security, or other legal and financial obligations in force in their country of origin or the country where they hold legal residency status.
The influencer declares that they meet all legal obligations for the development of their profession that are in effect in their country, being directly responsible for any civil, administrative, fiscal, labor, criminal, or other obligations. The influencer expressly declares that they have the necessary authorizations to carry out their professional activity.
6. Confidentiality
The influencer agrees to maintain absolute confidentiality regarding the performance of the contracted services and the results thereof, as well as any information related to the brand’s business. The influencer will not use such information for their own benefit or for the benefit of any other person or entity, and they will not disclose this information to any person or entity. This obligation of confidentiality binds the influencer indefinitely, even when the provision of services subject to this agreement ceases.
The influencer agrees not to disseminate any content to which they have access to as a result of this collaboration to any channel, media, journalist, blogger, or any other information intermediary.
The influencer may not transfer, totally or partially, temporarily or definitively, the rights and obligations derived from this agreement, nor may they partially or totally execute the services contracted by a third party or legal entity. An offense to the foregoing will be cause for termination of this agreement, without need for judicial declaration.
The Influencer shall ensure the security of the data and information made available to them by the brand, which includes preventing third parties from accessing said information, storing it, reproducing it by any means, or making it public, except when required by current legislation or court order.
7. Intellectual and industrial property
The influencer declares that it is the owner and/or has the rights and/or licenses to the intellectual and industrial property necessary for the fulfillment of the obligations laid out in this agreement
The influencer gives the brand the right to use the intellectual property of the work performed under this agreement, particularly the rights of reproduction, distribution, transformation in any of its forms, and public communication of said work indefinitely. These rights will be non-exclusive, granted for a global territorial scope, and will last for the duration provided by international laws and conventions related to intellectual property.
The aforementioned rights will be assigned in all their forms, especially those detailed below:
1. The right of reproduction includes the total or partial reproduction of graphics, sound, video, audiovisual, or any other form of media, whether said reproduction is carried out by analog, digital or other procedures.
2. The right of distribution includes the sale, rental, loan, or any other form of making the work available to the public.
3. The right of public communication includes the communication of the work to the public by wired or wireless means, so that members of the public can access said work from the place and time of their choosing. This also includes access of any form to the work when incorporated into a database, even if said database is not protected by copyright.
8. Personal data protection
For the purposes of regulations related to the Protection of Personal Data, the influencer states that they have been informed that the personal data and other information collected in this agreement may be incorporated and processed in a digital file. The brand is responsible for this file and is the recipient of it, and the purpose of said file is the development, compliance, and control of the legal relationship in accordance with current legislation. The influencer also grants their express consent to have their personal data incorporated and processed by the person responsible for the file, for the purposes of monitoring compliance with current regulations.
Finally, the influencer also authorizes the brand to communicate their personal data concerning the legal relationship between the Parties in any commercial operation in which the brand finds itself involved.
The data and image of the influencer may be processed by RCMC Medical Center in order to prepare promotional material related to the products marketed in this collaboration. It may be displayed in any type of communication and/or marketing support and used to carry out different commercial and/or advertising actions or sent out to third parties by mail. The influencer’s image may be disseminated for commercial purposes online, which includes websites, YouTube, video platforms, and on the different social networks where the Brand has a presence (Instagram, Facebook, Twitter, TikTok, Linked In, etc.). The image may also be disseminated in the press, television, radio, or other mediums.
The promotional documentation prepared by the influencer may be displayed to clients and/or potential clients of the brand, as well as when the brand or third parties promote the products marketed in the campaign. The influencer expressly consents to the processing of and transfer of their data and image for the purposes indicated above and for the recipients which have been mentioned, as well as for their subsequent commercial, promotional, or advertising use by the brand.
The Influencer may at any time exercise their right of access, rectification, cancellation, and opposition to the processing of their data. To exercise these rights, they can contact the Brand at the address indicated at the beginning or end of this document.
The transfer of rights of use made under this agreement is made for the entire geographical world. The duration of the assignment of the existing rights of use of the content will be from the signing of this agreement and will extend for the entire duration of the rights of use, in accordance with the provisions of the legislation in force at any time.
9. Termination of Agreement
Valid causes for termination of the agreement will be all those that are expressly included in the regulations applicable to it, particularly the following:
1. Withdrawal of the Influencer, with prior notice of (15) calendar days to the Brand, as provided in the second clause of this agreement.
2. Will of the Brand for just cause, with (5) days prior notice to the influencer.
3. Will of the Brand in case of absence or abandonment of the influencer from the place of execution of the contracted services without prior notice to the Brand and without proving a justified cause of absence.
4. Failure by the influencer to exclusively provide their professional services for the brand, unless acting with the express and written consent of the brand’s management body, as stipulated by the sixth clause of this agreement
10. Communications between the parties
The Parties can communicate using the methods specified below. Email will be the normal and valid system of communication for all purposes.
Brand contact information
● Address: 7388 Carnelian St, Ste D, Rancho Cucamonga, CA 91730
● Email: Ranchomedicalcenter@gmail.com
● Phone number: +19099459982
● Point of Contact: Sariah Veirs
Influencer contact information
11. Conflict resolution and regulations
In the event that any condition of this agreement or part of it is declared invalid, this circumstance will not affect the validity of the remaining conditions of the agreement. In such a case, the Parties mutually agree that they will replace the invalid condition with another as close as possible to what the parties initially intended.
For everything not established in this agreement, the Parties are subject to the provisions of (Applicable labor, commercial, consumer, or civil laws and codes), as well as any other not mentioned above but which specifically applies.
The Parties submit to the jurisdiction of the courts of Victoria for all matters arising from this agreement.
Finally, for the record, the Parties sign two copies of this agreement to one sole effect at the place and time indicated in the heading, endorsing each and every page.