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Exclusivity

Exclusivity Clauses in Brand Deals: What You're Really Agreeing Not to Do

By Leigh, Founder at Contractiv8 · 17 June 2026 · 5 min read

The short answer: An exclusivity clause is a restriction on your future income. It stops you working with competing brands, and the real cost is in the detail: which categories are blocked, on which platforms, in which countries, and for how long after the campaign ends. Exclusivity has a price. If you are giving it, you should be paid for it.

The fee is for the work you deliver. Exclusivity is about all the work you now can't take. Those are two different things, and only one of them is usually priced.

When a brand asks for exclusivity, they are asking you to turn down competitors. That can be reasonable for the length of a campaign, but the clauses are often drawn far wider than the deal justifies: a whole category, every platform, indefinitely, with a "tail" that runs for months after you have finished. Here are the forms it takes, and what to look for in each.

The clauses to watch in exclusivity

How to protect yourself

  • Narrow the category. Push the blocked category down to the specific competitor set, not an entire industry.
  • Cap the duration, especially the tail. Tie exclusivity to the campaign window. If they want a tail, that is extra scope and should carry an extra fee.
  • Charge an exclusivity premium. Exclusivity is a separate thing you are selling. Price it; don't give it away inside the base fee.
  • Protect existing partners. Add carve-outs for brands you already work with so a new deal can't put you in breach of an old one.

Quick questions

Is exclusivity ever reasonable? Yes, a tightly scoped, time-limited exclusivity for the campaign period is normal. The problems come from breadth and from tails that outlast the work.

How should I price it? There is no fixed rate, but treat exclusivity as a premium on top of your fee that scales with how much it limits you, wider category, longer term, and any post-campaign tail all push it up.

Exclusivity is one of the few clauses that directly caps what you can earn next. Read it as a price, not a formality, and make sure you're being paid for what you're giving up.

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Disclaimer: This article is for educational purposes only and does not constitute legal advice. Contract terms vary by jurisdiction and individual circumstances. For high-value brand deals, we recommend consulting a qualified entertainment or media lawyer.