Tysers Insurance Brokers | Influencer & Content Creator Insurance

INSURANCE SOLUTIONS FOR

INFLUENCERS
& CONTENT
CREATORS

Social media has transformed the marketing promotions landscape, changing the way consumers make purchasing decisions. Brands have increased their expenditure on social media channels, utilising on-line celebrities to endorse their products and services, resulting in the rise of ‘’the Influencer”. 

Many Influencers remain unaware of the potential dangers coinciding with online promotions. Namely, breach of promotional contracts, advertising legislation and privacy regulations; just a handful of risks frequently cited in the news, resulting in hefty lawsuits being filed against Influencers and managing agents acting on their behalf.

In our socially connected world, an off-the-cuff remark online, or at a public event, cannot be easily contained or viral communication prevented. In seconds a brand or individual can be defamed, putting the Influencer’s reputation at risk and exposing them to potential claims.

We have developed a product specifically tailored to the risks faced by the modern day influencer.
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DO YOU OR YOUR CLIENTS?

  • Have a high following on Social Media?
  • Monetise a Blog or YouTube channel?
  • Accept paid contracts from advertising agencies or brands to promote their products & services?
  • Have endorsement deals with major brands?
  • Frequently speak at public engagements?
  • Host a podcast or accept invitations to present on TV or Radio?
  • Give press and red-carpet interviews or make promotional appearances?

If so, our policy provides specialist cover to safeguard your reputation. Helping you protect your financial stability in the event of a claim.
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WHAT’S COVERED?

  • BREACH OF CONTRACTS
  • NEGLIGENCE
  • DISHONESTY OF AN EMPLOYEE
  • DEFAMATION, LIBEL & SLANDER
  • INTELLECTUAL PROPERTY INFRINGEMENT
  • RIGHT OF PRIVACY
  • RIGHT OF PUBLICITY
  • UNFAIR COMPETITION

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CASE STUDIES

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  1. Breach of Contract
    A model was hired by a brand to promote their product via Instagram. They were to post 2 main feed images and a range of stories whilst at a number of events and provide real time reach analytics to the brand. A percentage of the fees were paid up front to the model. During the scheduled events, the model only posted one main feed post and one story, and didn’t provide the analytics as agreed. The client requested their money to be refunded. The refund was denied and a claim was brought for Breach of Contract.
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  2. Right of Privacy
    A blogger went on a podcast to promote their new brand partnership. During the podcast they candidly discussed another Influencer. The blogger revealed details of the Influencer’s past which were not common knowledge. These comments were picked up by the media and the Influencer they discussed gained a lot of negative attention online. The blogger was sued for breaching the Influencer’s Right to Privacy.

 

Contact: Influencer Insurance

For more information contact our specialist team:

Reputation & Public Relation Expenses

Cover for costs and expenses following negative publicity posted about you, or an associate, on social media which could harm your reputation and otherwise lead to a claim. 

ASA, CMA & CAP Investigation & Defence Costs

Insurers will pay your costs to defend and rectify a complaint made against you by the ASA (Advertising Standards Authority), CMA (Competition & Markets Authority) and CAP (Committees of Advertising Practice) (excluding fines/penalties) up to £25k.

Website Recovery Service

Technical support following a Denial of Service Attack on any public facing website.

KEY COVERS, EXPLAINED

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At Tysers we aim to make insurance simple for our clients. Here we provide a high-level overview of the key covers provided by our Influencer & Content Creator insurance policy. All insurance policies are subject to a ‘Limit of Indemnity’ which limits the amount of cover provided by the policy, and each section of cover, in the event of a claim. This is selected when you obtain a quotation and can be amended, if required, at your request and the Insurer’s discretion.

  • BREACH OF CONTRACTS

    For a contract to be legally binding, there must be only three essential elements known as Offer, Acceptance and Consideration. Simply, you must have promised to do something, after being offered to do it in exchange for something; usually, this is money or free gifts.

    Contracts don’t always have to look legal, to be legally binding. They can be made verbally and in writing, including emails and text messages.

    In the event that the other party doesn’t think you have undertaken the agreed work to the standard promised or you have broken a condition of the contract, and due to this they have lost money, they can claim against you for Breach of Contract. Cover is provided for legal costs and any settlements in the event of an unintentional contract breach.

  • NEGLIGENCE

    Negligence is the most common type of Civil Liability action. Whenever you provide a service, recommendation or advice in your capacity as a ‘Professional’, whether this be a Doctor or an Influencer, you are entering a ‘duty of care’. The duty of care assumes that as an Influencer you will behave professionally and up to industry standards.

    If you fail to perform to these standards and your client suffers harm as a result of your actions – or inaction – you may be responsible for professional negligence and could be faced with an action being brought against you. This could include you recommending, promoting or endorsing a product or practice, made or developed by someone else, that leads to a financial loss of one of your followers. Negligence can be in the form of an error, omission, misstatement or misrepresentation.

  • DISHONESTY OF AN EMPLOYEE

    Not everyone can be trusted, and sometimes that includes Employees.

    Policies cover any losses you incur which arise from a fraudulent, criminal or malicious act of an Employee who was intentionally trying to cause you financial loss for their personal gain, or a mistake that leads to such loss.

    No cover is applicable to the Employee and cover is only provided for actions that were undertaken prior to discovery.

  • DEFAMATION, LIBEL OR SLANDER

    If you say something, regardless of the intent, that could be seen to harm the reputation or character of any person or organisation, it can be viewed as Defamation, Libel or Slander.

    It doesn’t matter where the comment is published, whether it is said in a blog, podcast, review or text. If it causes harm including mental anguish or emotional distress, you can be held liable and the Third Party can look to sue you for damages.

    Cover is provided for legal costs and any settlements in the event you unintentionally defame a Third Party.

  • INTELLECTUAL PROPERTY INFRINGEMENT

    Extracting value from Intellectual Property and preventing others from obtaining value from it, is an important responsibility for any company.

    Intellectual Property covers a broad range of legally protected creations of the mind and whilst many are patented, trademarked or copyrighted, some can be simply ideas.

    It can be a minefield knowing what content you can and cannot use, but if you unintentionally breach someone else’s Intellectual Property, this policy will provide protection to support you through the legal process.

  • RIGHT OF PRIVACY

    The best gossip is scandal, unless it is about you. Everyone has a right of privacy and should be able to choose what they publicise about their lives. Posting a photo of yourself on Instagram allows you to choose the image you feel portrays you best, but what if someone else posted a story about you, which embarrasses you, without your permission?

    Whilst public figures place themselves in the public eye, if you reveal private information about someone that could be interpreted as embarrassing, portraying them in a false light, or being used to bolster your own success, you could be breaching their rights to privacy.

    Cover is provided by the policy should you be sued for unknowingly breaching someone’s rights to privacy.

  • RIGHT OF PUBLICITY

    Right of Publicity or Personality Rights refers to misleading the public by giving a false impression or endorsement of a product by a celebrity – this is referred to as ‘Passing Off’. This not only includes name and image but anything distinctive that, when seen in isolation, is immediately associated with that person and no other – such as a nickname, hairstyle or style of dress.

    Celebrities often team up with brands or license the use of their features with royalties payable. If you look to make money off another’s ‘brand’ they have a right to claim back any income you make, or for any damage that occurs to their reputation as a result.

    Cover is provided by the policy should you be sued for unknowingly breaching someone’s rights to publicity.

  • UNFAIR COMPETITION

    Unfair Competition is focused on any business or sales practice that is fraudulent, dishonest or which can cause harm to other businesses or customers.

    This includes but is not limited to:

    • Using another brand’s name, logo, or other identifying characteristics to deceive consumers into thinking that they are buying the product of a competitor.
    • Using another brand’s trade secrets to obtain an economic advantage.
    • Spreading false information about a competitor’s product.
    • Convincing a party that has a relationship or contract with a competitor to breach said contract.