Creator Assignment Prohibited
You cannot delegate or sub-contract portions of the work, even where the brand can assign freely.
What it means
This contract prevents you from transferring the engagement, delegating portions of the work, or sub-contracting operational components without the brand's consent. The same contract often permits the brand to transfer freely, leaving you structurally less flexible than the brand counterparty.
A full ban on assignment can stop you delivering through your own company or using help such as an editor. Where the brand can assign freely while the creator cannot, the asymmetry is structural.
What to check before you sign
- ·Can you deliver through your own business entity (rather than personally)?
- ·Can you sub-contract routine operational portions (editing, post-production)?
- ·Is brand approval required, and on what standard (sole discretion vs not unreasonably withheld)?
- ·Is the prohibition symmetrical or asymmetric with brand-side assignment?
- ·Is attempted delegation treated as a structural breach, or as a breach with damages?
How to fix it
Explicit carve-out permitting delivery through the creator's own business entity or a named delegate.
Permit sub-contracting of routine operational portions (editing, post-production, translation, on-location support) with notice to Brand.
Where brand approval is required for assignment or sub-contracting, impose a "not unreasonably withheld" standard on the approval decision.
Apply the assignment restriction symmetrically; brand-side assignment also requires creator consent.
Negotiating it
"Could I deliver through a company I own, if I use one, and sub-contract routine work (editing, post-production) with notice to you? Where your approval is needed, could it be "not to be unreasonably withheld"? "
Creator assignment prohibition paired with unrestricted brand assignment, no business-entity carve-out, no operational sub-contracting permission, sole-discretion brand-approval standard, and voidness on any purported assignment, creates a structurally asymmetric counterparty flexibility arrangement. Caution signal for long-form or capacity-constrained engagements.
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Educational guidance, not legal advice. For high-value or complex deals, get independent legal advice from a qualified professional.