You sent product. They posted. Then they tagged a competitor in the same post. Or they used your product photo in a paid ad for their own brand. Or the FTC sent you a letter because there was no disclosure.
These scenarios sound extreme, but they happen regularly to brands that run influencer gifting programs without any written agreement. A gifting agreement is not about being overly corporate — it is about making sure both sides understand the arrangement. Clarity protects everyone.
This guide covers what to include, what to skip, and provides a template you can adapt for your brand.
Why Gifting Agreements Matter (Even for Free Product)
There is a common misconception that because you are not paying the influencer, you do not need an agreement. That is wrong for several reasons:
The goal is not a 20-page contract. It is a one-page document (or even a clear email) that covers the essentials.
The Legal Basics
You do not need a lawyer to create a gifting agreement, but you should understand the legal foundations:
For most Shopify brands doing gifting at a small to mid-scale, a clear written agreement covers these bases without needing formal legal review. At larger scale or with high-profile influencers, consider having a lawyer review your template.
What to Include in Your Gifting Agreement
Here are the essential sections, with guidance on what to write in each:
Section 1: The Parties
Identify your brand (legal business name) and the influencer (name and primary social handle). Include contact information for both sides.
Section 2: What You Are Providing
List the specific products being gifted, including size, color, variant, and estimated retail value. Be explicit. "A selection of products" is vague — "One Vitamin C Serum (30ml, retail value $45) and one Hydrating Moisturizer (50ml, retail value $38)" is clear.
Section 3: Deliverables and Expectations
This is the most important section. Clearly state what you hope the influencer will create in exchange for the gift. Common structures:
For gifting specifically — as opposed to paid partnerships — keep expectations light. You are sending free product, not paying a fee. Many brands use language like "we hope you will share your honest experience" rather than "you are required to post." The softer approach respects the gifting dynamic while still setting expectations.
Section 4: FTC Disclosure Requirements
State clearly that all content must include appropriate disclosure. Specify acceptable formats:
Include a link to the FTC's Endorsement Guides for reference.
Section 5: Content Usage Rights
Specify what rights you are requesting. Options include:
Be upfront about what you want. Asking for unlimited perpetual rights to use their content in paid ads feels heavy for a gifting arrangement. Repost rights and website usage for 12 months is a more balanced ask.
Section 6: Timeline
Include the expected ship date, estimated delivery date, and the window for content creation. Give influencers at least 7-14 days to try the product and create content. Rushing them produces worse content and damages the relationship.
Section 7: Exclusivity (If Applicable)
If you are asking the influencer not to post about competing brands for a period, state it clearly. For gifting (versus paid deals), exclusivity is typically not included or limited to a short window (e.g., "we ask that you not feature a directly competing product within 48 hours of your post about our brand").
Most micro-influencers and nano-influencers will not agree to exclusivity for a gifted product, so use this clause sparingly.
A Ready-to-Use Template
Here is a template you can copy and customize. Send it as an email or a simple document — not a formal legal contract:
Subject: Gifting Collaboration — [Your Brand Name] x [Influencer Name]
>
Hi [First Name],
>
We would love to send you [specific product(s) with details] (retail value: $[amount]) for you to try and share with your audience if you enjoy it.
>
Here is what we are hoping for:
- [Deliverable, e.g., "One Instagram reel or TikTok video sharing your honest experience"]
- Content posted within [timeframe, e.g., "14 days of receiving the product"]
- FTC disclosure included (e.g., #gifted or "gifted by [Brand Name]")
>
In return, we will also provide:
- A unique discount code for your audience: [CODE] for [X]% off
- [Any additional perks, e.g., "early access to new launches"]
>
Content usage: We would love to repost your content on our brand channels with credit. If we would like to use it for any other purpose (like our website or ads), we will reach out separately to discuss.
>
If this sounds good, just reply confirming and we will ship your package to [their address or ask for it].
>
Looking forward to it!
[Your name]
[Your brand]
This template is intentionally conversational. For gifting, a friendly email works better than a formal contract. If the influencer says yes, that email exchange becomes your written agreement.
What to Skip
Keep your gifting agreement lean. Remove anything that makes a free product gift feel like a corporate obligation:
The lighter your agreement, the higher your response rate. Save the detailed contracts for paid partnerships where money is changing hands.
Scaling Agreements Across Your Gifting Program
When you are sending 10-20 gifts a month, individual emails work fine. At 50+, you need a system:
When you can identify influencer customers through SonarID and move them into a gifting workflow, the agreement becomes a natural step in the pipeline — not an awkward legal hurdle.
The agreement is not about control. It is about building a professional relationship where both sides know what to expect. That clarity leads to better content, stronger partnerships, and a gifting program that scales cleanly.