Creator Services Agreement

Last updated: June 5, 2026

Template. This is the form of agreement between Above Average Agency and a creator it represents. Items shown in [brackets] are filled in for each creator before signing. This page is provided for reference; the binding agreement is the version both parties sign.

This Creator Services Agreement (the "Agreement") is between Kota LLC, an Alabama limited liability company doing business as "Above Average Agency" ("Agency," "we," or "us"), and the creator identified in the signature block (the "Creator," "you," or "your"). It is effective on the date the last party signs (the "Effective Date").

1. Engagement and services

You engage Agency as your [exclusive / non-exclusive] representative to source, negotiate, and manage brand partnership opportunities for you during the Term. Agency's services may include: brand outreach and relationship management; negotiating deal terms (rate, deliverables, usage rights, exclusivity, timing); preparing or coordinating deal paperwork; invoicing brands; following up on deliverables and payments; and coordinating payment to you. Agency does not guarantee any deal, any amount of income, or any particular result.

2. Your obligations

3. Email inbox authorization

You authorize Agency to connect to and access a designated email inbox (for example, a Gmail account) so Agency can manage brand communications on your behalf. Agency's access is limited to reading and drafting messages; messages are sent only after the approval described in Section 4. You may revoke this authorization at any time, and Agency's access ends when this Agreement ends. Agency's handling of this data is described in our Privacy Policy.

4. Approvals; human review

No deal is accepted, and no message is sent on your behalf, without approval by [you / an Agency principal]. Agency uses AI tools to help draft messages; this is disclosed to you, and you may review, edit, or reject any message or proposed deal.

5. Compensation

Commission. Agency's commission is [__]% of [the gross amount paid by the brand for each deal Agency sources or manages].

Payment flow. [Option A: The brand pays Agency, and Agency remits the net amount to you within [__] business days of cleared receipt. / Option B: The brand pays you directly, and you remit Agency's commission within [__] business days of cleared receipt.]

Expenses. [How out-of-pocket expenses are handled — e.g., pre-approved in writing, then reimbursed or deducted.]

Taxes. You are responsible for your own taxes. Agency will issue tax forms (such as a Form 1099) where required by law.

6. Term and termination

This Agreement begins on the Effective Date and continues for an initial term of [__ months], then [continues month-to-month / renews for successive [__]-month terms] until terminated (the "Term"). Either party may terminate for convenience on [__] days' prior written notice. Either party may terminate immediately if the other materially breaches this Agreement and does not cure the breach within [__] days after written notice. On termination, Agency will stop new outreach, Agency's inbox access ends, and the parties will settle outstanding amounts.

7. Post-termination commission

After termination, Agency continues to earn its commission on deals Agency sourced or closed for you for [__ months] following termination, and on [renewals or extensions of those deals].

8. Confidentiality

Each party may receive non-public information from the other. The receiving party will keep it confidential, use it only to perform under this Agreement, and protect it with reasonable care. This does not apply to information that is or becomes public through no fault of the receiving party, was already lawfully known, is independently developed, or is rightfully obtained from a third party — and a party may disclose information if required by law, giving the other party reasonable notice where allowed.

9. Intellectual property and content rights

You own your content. For each brand deal, you grant the brand the usage rights set out in that deal. Agency receives no ownership of your content. You grant Agency a limited, revocable license to use your name, social-media handles, likeness, and prior work to market you to brands and to identify you as a creator represented by Agency; this license ends, going forward, on termination.

10. Representations and warranties

Each party represents that it has the authority to enter this Agreement. You further represent that you are at least 18 years old; that your accounts and content do not infringe any third party's rights and comply with applicable platform terms and law; and that you will perform brand deals lawfully and as agreed.

11. Indemnification

Each party will defend, indemnify, and hold harmless the other (and its members, managers, officers, employees, and contractors) from third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's breach of this Agreement, misconduct, or — in your case — your content or your performance of brand deals.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT IS CAPPED AT [the total commissions paid or payable under this Agreement in the 12 months before the event giving rise to the claim]. THESE LIMITS DO NOT APPLY TO A PARTY'S INDEMNIFICATION OBLIGATIONS, BREACHES OF CONFIDENTIALITY, OR WILLFUL MISCONDUCT.

13. Relationship of the parties

The parties are independent contractors. Nothing in this Agreement creates an employment, partnership, or joint-venture relationship. Agency acts as your agent only to the limited extent expressly stated here, and has no authority to bind you without your approval.

14. Dispute resolution and governing law

Before starting an arbitration or lawsuit, the parties will first attempt to resolve any dispute informally for 30 days after written notice. [If arbitration is selected: any unresolved dispute arising out of or relating to this Agreement will be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect, seated in Miami-Dade County, Florida; the parties waive any right to a class, collective, or representative proceeding; either party may still bring a qualifying claim in small-claims court or seek injunctive or equitable relief in court to protect its intellectual property or confidential information.] This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws rules; for any matter not subject to arbitration, the exclusive venue is the state and federal courts located in Miami-Dade County, Florida.

15. Miscellaneous

This Agreement is the entire agreement between the parties on its subject matter and supersedes prior understandings. It may be amended only in a writing signed by both parties. You may not assign it without Agency's prior written consent; Agency may assign it to an affiliate or in connection with a merger, acquisition, or sale of assets. Notices must be in writing and sent to the contact details in the signature block or as later updated in writing. If any provision is unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect. No waiver is effective unless in writing. This Agreement may be signed in counterparts, including by electronic signature. Sections 5 (for accrued amounts), 7, 8, 9, 11, 12, 14, and 15 survive termination.

16. Signatures

Agency — Kota LLC d/b/a Above Average Agency

Signature: ________________________
Name: [name]
Title: [title]
Date: [date]

Creator

Signature: ________________________
Name: [creator name]
Entity (if signing through one): [entity name, if any]
Date: [date]