How to use this checklist
Ask for the full draft contract before any final call and read it with your notes beside you. Mark each of the 14 clauses below as clear, vague or missing. The vague and missing ones become your list of questions for the agency.
Clauses 1–4: parties, scope, fee basis and payment flow
1. Parties
The contract should name the agency's legal entity, its registered address and ideally its registration number, along with your legal name or your own company. A brand name alone isn't enough. If the agency operates several brands, the contract should state which entity you're actually dealing with.
2. Scope of services
Look for a list rather than a slogan: which platforms, how many hours of chat coverage, how many posts or campaigns, what kind of reporting, and who approves content. Work outside the scope should require a written change, and the contract should say what happens if the agency doesn't deliver.
3. Fee basis
The fee clause should state the rate, the basis (gross, or net of the platform's 20% fee), which income types are covered and how any tiers or fixed fees work. Hypothetical wording that leaves little room for doubt: "30% of net earnings paid out by the platform, including subscriptions, tips and messages." The OnlyFans agency commission guide shows how much the basis changes the bill.
4. Payment flow
Check who receives the money and when. The arrangement that keeps you in control is simple: payouts reach your account, the agency invoices you, and you pay within an agreed period. Look for how refunds and chargebacks are handled and whether you can see the figures behind each invoice.
Clauses 5–6: term, termination and exclusivity
5. Term and termination
Find the start date, any minimum term, the notice period and whether the contract renews automatically. Check whether you can end it immediately if the agency breaches it, for example by misusing your account or ignoring limits you agreed on, and what fee is owed for the final period.
6. Exclusivity
An agency may ask to be your only manager for the services it provides, which can be reasonable. Watch for exclusivity that reaches further, covering other platforms, brand deals or social accounts the agency doesn't work on, or restrictions that continue after the contract ends.
Clauses 7–8: content ownership and account access
7. Content ownership and licensing
Your content should remain yours. A fair clause grants the agency a non-exclusive, limited license to use your content only to run and promote your accounts, and only for the length of the contract. Look for an obligation to delete or return copies when the contract ends, and be careful with words such as "irrevocable," "perpetual" or "assigns all rights."
8. Account access and 2FA
The contract should confirm that the accounts are registered to you and stay yours. It should describe how team members get access, require two-factor authentication, prohibit changes to your email, password recovery or payout details without your written consent, and require the agency to give up all access when the contract ends. Ask each agency in the account management category how access works in practice, and compare the answers with this clause.
Clauses 9–11: confidentiality, chat rules and data protection
9. Confidentiality
Both sides should keep each other's information confidential, but your side carries more weight: your legal name, location, earnings and personal details. The clause should bind the agency's staff and subcontractors and continue after the contract ends.
10. Chat disclosure and ghostwriting rules
If a team writes to fans on your behalf, the contract should set the rules: what chatters may and may not say, your boundaries, how they handle requests for custom content, and whether an approval step applies. Platform terms and local rules may affect how ghostwritten chat has to be handled, so check the platform's current terms of service and ask a lawyer if you're unsure.
11. Data protection
The agency will process personal data about you and about your fans. The contract should say what data it stores, where, for how long, who can access it and how it is deleted. If you or the agency are in the EU or the UK, data protection law such as the GDPR may require specific terms, so ask the agency how it complies.
Clauses 12–14: liability, governing law and handover
12. Liability
Check who is responsible if something goes wrong, such as an account restriction caused by the team's actions or content leaked from the agency's storage. Be wary of clauses that cap the agency's liability at a token amount while leaving yours unlimited. If leaks worry you, also ask how agencies in the content protection category secure the files they store for clients.
13. Governing law and disputes
The contract should name the country's or state's law that applies and where disputes are resolved. If that jurisdiction is far from you, enforcing your rights may be costly. A lawyer can explain how the chosen law affects you.
14. Exit and handover
A good exit clause spells out the final weeks: removal of all agency access, transfer of scripts, fan notes, content calendars and any assets created for you, deletion of your content from agency systems, and a final statement of fees. Without it, leaving can get messier than signing.
The 14 clauses at a glance
| # | Clause | What a clear version includes |
|---|---|---|
| 1 | Parties | Legal entity, address, registration details |
| 2 | Scope | Tasks, platforms, hours, approvals |
| 3 | Fee basis | Rate, gross or net, income types, tiers |
| 4 | Payment flow | Payouts to you, invoicing, refunds and chargebacks |
| 5 | Term and termination | Minimum term, notice, renewal, breach |
| 6 | Exclusivity | Limited to the services provided, ends with the contract |
| 7 | Content | You keep ownership; time-limited license |
| 8 | Account access | Your email and 2FA; access removed at exit |
| 9 | Confidentiality | Binds staff and subcontractors; survives the contract |
| 10 | Chat rules | Boundaries, approvals, disclosure |
| 11 | Data protection | Storage, retention, access, deletion |
| 12 | Liability | Balanced caps; responsibility for the team's actions |
| 13 | Governing law | Named law and place for disputes |
| 14 | Exit | Handover list, deletion, final statement |
Hold the finished draft up against your notes from the agency comparison framework and recheck the agency red flags before you sign. If the contract doesn't meet your needs, the agency directory lists alternatives, and the methodology page explains how the facts on each profile were gathered.
Editor picks in the directory
- Noblesse Studios 9.8/10
- Ventures Agency 9.6/10
- Murmur Studios 9.4/10