rights
Right of First Refusal
Definition
A contractual provision giving the brand the option to match any competing offer and renew the creator's services before the creator can accept work with a competitor or sign with another brand in the same category.
For Creators
Right of first refusal provisions can significantly limit your ability to shop your services. Insist on a short response window (5-10 business days) and a defined category, and make clear that the right only applies to direct competitors—not any brand deal.
For Brands
A right of first refusal is valuable for brands who want ongoing access to a creator without committing to a long-term deal upfront. It provides optionality and prevents competitor recruitment of a high-performing creator.
⚠ Red Flag Warning
An unlimited right of first refusal with no defined response period or category restriction can function as a de facto non-compete indefinitely blocking you from taking work.
Sample Contract Language
“Upon expiration of the Term, Creator shall provide Brand with written notice of any bona fide offer from a Competing Brand. Brand shall have ten (10) business days to match such offer in writing. If Brand fails to respond within such period, Creator shall be free to accept the competing offer.”
Related Terms
Appears in 3 contracts
Browse related contracts →Contracts containing this term
Sponsorship and Support Agreement (Shawn Ryan Show / Laird Superfood - v2)
Laird Superfood, Inc. · August 14, 2023 · EDGAR
Sponsorship and Support Agreement (Shawn Ryan Show / Laird Superfood - v1)
Laird Superfood, Inc. · 2023 (prior version) · EDGAR
Collaboration Agreement (FaZe Clan x Snoop Dogg)
FaZe Clan Inc. (Delaware) · February 17, 2022 · EDGAR