Hiring Virtual vs. In-House Assistants

As many interior designers are growing their businesses, I’m seeing the need for quality help increase significantly. Many designers are moving towards hiring virtual help for a number of factors but I do still see some designers who desire in-house help. I decided to highlight the differences between hiring virtual vs. in-house assistants as well as the pros and cons of each.

Virtual

Due to technology, virtual assistants are becoming more and more popular. They are often skilled in specific areas of business and are able to do a wide variety of tasks. Specifically for the interior design industry a skilled virtual design assistant can offer services such as 3d renders, floor plans, construction documents and specs, concept boards, presentations, invoicing, vendor management, client management, product selection and sourcing, bookkeeping, social media management, copyrighting, marketing and SEO and so much more!

Many clients work with their virtual design assistant through Trello, Asana or email and find that even if they are needing help with staying organized, scheduling and/or creating and implementing their processes a virtual design assistant can be a huge asset in terms of business growth.

So what are the pros and cons of working with a virtual design assistant?

PROS

·         Typically work on a 1099, as-needed basis.

·         You don’t have to worry about taxes, benefits or layoffs.

·         They provide their own office equipment, software and workspace.

·         During COVID times, there is no need to worry about social distancing since they work from their own home.

·         The great ones require no training.

·         They can do a wide variety of tasks including some tasks you may think only in-house people can do such as put together material binders, schedule appointments, answer phones or attend meetings.

CONS

·         They are not in-house to run errands – however, I have found some of my clients local virtual assistants that are open to running local errands and doing in-house tasks on an as-needed basis.

·         Not able to communicate face-to-face.

·         May work for more than one interior designer and not have the ability to work with you full-time if that’s what you desire.

In-House

In-house assistants are still desirable to those designers who need a face to welcome clients into a studio or prefer to work with their assistants in person. The most common struggle I see among designers today regarding hiring an in-house assistant is finding quality local candidates. Many designers have to train college interns or people with little industry experience and most designers don’t have time for taking on that type of commitment.

However, there are obviously some positives to hiring in-house if that’s what you prefer.

PROS

·         Able to run errands.

·         Able to communicate face-to-face.

·         You have more control over their time, especially if you are hiring a full-time employee.

·         Able to train an intern or inexperienced assistant if that’s what you desire.

CONS

·         Must provide a workspace, office equipment and supplies.

·         In most cases, must guarantee a certain number of hours per week whether they are part-time or full-time.

·         In most cases, they are hired as an employee and provided benefits.

·         Increased worry about layoffs during our current climate of uncertainty.

·         Is often difficult to find quality local candidates with industry experience.

As you can see there are a variety or pros and cons no matter which route you decide to take. I suggest you take a good look and your business and your goals in order to determine what type of assistant will be best for your business.

As always, feel free to reach out with any questions you may have regarding the subject. I’m always happy to help!

Danae

How Popular Is Sustainable Design?

Sustainable design has been a topic in the interior design and construction industries for the past several years. As more and more consumers, builders and designers become concerned with our environment, the more popular sustainable design has become. Depending on where you live, you may not be aware of how popular sustainable design is becoming so I decided to do some research.

Sustainability was named the most popular global trend for 2020. Interest in the environment is becoming a priority and so is using natural materials, buying local, refinishing, repurposing and buying secondhand.

Within sustainable design, here are a few other popular trends.

1.       Minimalism – We’ve seen tiny homes and barely there décor. As people focus more on making memories with experiences they are letting go of material things creating a minimalistic space. Not only is this less is more approach better for the environment, it’s better on the pocket book and for some – their mental health.

2.       Biophilia – Biophilic Design is about incorporating natural materials, light, plants, landscapes, smells and textures into design. It’s becoming very popular as people are looking to surround themselves in nature. Think plants, living walls, banana leaf rugs and lampshades made of grasses such as tobacco or even grown mushrooms.

3.       Energy efficient – Using less energy and taking advantage of sunlight is not only great for the environment, it’s great for your health. Many people have switched to LED lightbulbs, solar energy and are paying attention to their window treatments whether they are used to block out heat, let in heat or let in light.

4.       Low VOC – Clean air is a must to stay healthy and consumers and industry professionals have been trying to eliminate as many toxins in the home as possible. Non-toxic paint and low VOC finishes such as wood floors instead of carpets are becoming the new norm.

If you have a passion for sustainable design and are doing all you can to reuse, repurpose and conserve, yet are curious about the most sustainable way to buy new – remember, buy local and/or watch for certifications.

Sustainable products will be marked with special certifications such as Forest Stewardship Council, Energy Star, OEKO-TEX or Greenguard.

Although, you may not think you have a need for knowledge of sustainable design today, there is a growing population of consumers passionate about the environment. In my research, I tried to find what the most eco-friendly generation is and to my surprise, there is some contradictory information.

One articles says the Baby Boomers are the most eco-friendly generation; they range in age from 74-56. Other articles say consumers in the mid-forties, while others say the Millennials which range in age from 39-24 are the most conscious about the environment. And yet another resource claims Generation Z is also called Generation Green, this age group is 25-5 so not many of us working with that generation yet.

I guess no matter what one things for sure – people everywhere and every age are showing more concern for our environment. If you are passionate about the environment as well and looking to get into a specific design niche, sustainable design may be just the thing for you.

Mastering The Delegation Process

I often hear from people that they aren’t sure how to delegate tasks. The easiest way to do this is to write down what you need help with. What are you struggling with, what do you dread doing?

The most popular tasks I see delegated are 3d renders, CAD drawings, social media management and marketing, sourcing, bookkeeping and administrative tasks such as proposals, invoicing, tracking shipments, emailing updates to clients, scheduling appointments, uploading product into database, etc.

After you’ve decided what you want to delegate create a list for what you’d want your assistant to do.

If you are currently working with assistants or plan to work with one or more in the near future, define what everyone’s responsibilities are so things don’t fall through the cracks. Communication is key! The more everyone is on the same page, the better.

Now that you know what you want to delegate, how do you go about keeping everything organized? I’ve seen several ways that interior designers assign tasks to their assistants, especially when working virtually.

1. Asana or Trello. Some use free project management programs like Asana or Trello to create To Do Lists and Task lists where all communication is kept for an easy to find place of assignments, tasks and emails. Nothing gets lost in the shuffle in these programs.

2. Google Drive. Others use Google Drive and share documents to keep everything in one location that is also updated in real time. You could share a calendar of tasks to be completed and your assistant could mark when they have been completed and sent back to you.

3. Weekly To Do List. I know a few designers that will send their assistant a To Do List via email along with deadlines each week. On Monday, the assistant knows what projects she needs to work on and when they need to be completed.

4. What works for you. I have other designers who tend to fly a bit more by the seat of their pants and are assigning tasks as they come in and the assistant is making sure everything is getting done on time.

5. Ask your assistant. Since my team is full of seasoned interior design assistants some of my clients just ask their assistant what they find to be the most efficient way to communicate and receive tasks. No need to reinvent the wheel if you are open to working with your assistant in the manner she/he has found to be the most effective.

As you can see, I match my clients with people who can work in the style that my client already has in mind. I’m sure you organized your business very different from the interior designer down the street. What works for you may not work for someone else and that’s okay!

This is why we match for work style and personality as well as expertise.

I hope you had an amazing 4th of July holiday and as usual, feel free to reach out if you need anything.

Have a great rest of the week!

Danae

Drum up More Business This Summer!

Are you trying to grow your interior design business? The world is a crazy place right now so you need to let your target market know you are still out there if you are still working.

*Email your subscriber list updates and news on your business. Need ideas on what to send them? We have a couple brand new emails in the email template shop on our website. One is in reference to letting them know you are still working and the best ways you will be working with clients moving forward – New Standards of Working Together. The other is an email regarding current design trends due to quarantine – Latest Design Trends for Current Times. Both are located at https://www.elitedesignassistants.com/eda-emails-for-purchase. Ongoing, your email subscriber list should become one of the easiest ways to drum up business.

*Share any news and/or updates on social media. I realize sometimes social media is a hard place to get people’s attention but beautiful photos and consistency really do work!

*Engage. Make sure you are engaging with people who comment on your posts. This is how you build relationships with people that may want to hire you either now or in the future. Get them to sign up for your email.

*Facebook groups. I know many designers who are having success getting business in Facebook groups, either local groups or groups they’ve created.

*Facebook ads. I have a few clients who are using Facebook ads with great success, too. There are so many ways to drum up business if you want to.

*Local engagement. Have you considered writing an article for a local magazine, contributing to your local chamber of commerce’s welcome packets for new residents, being interviewed on a local program or radio show or speaking for a local group? There are many ways to get noticed in your area.

*Create a plan! The easiest way to stay in front of people and to grow a business is to create a plan, implement that plan and be consistent.

I hope these ideas have helped and as always feel free to reach out if you have more questions.

I hope you have a wonderful and safe 4th of July weekend!

Take care!

Danae

Client Processes

It’s going to be a crazy, busy summer so let’s get organized!

I’ve heard from many of you that are getting very busy which is very exciting but can also be very overwhelming so I thought I’d give you some ideas on things you should consider to help you get and stay organized!

First of all, take some time to write down everything you need to do in the coming days, weeks and months. Then crumple up that list and throw it in the trash. I’m so sorry! I’m totally kidding. Please dig that list back out of the trash and from here on out I promise I’ll be serious. J

Block out some time and let’s get to work!

Guidelines

Do you have an operations manual? Have you written down or typed out your business process from start to finish? Creating processes help you stay organized, prevent important details from being overlooked and are very beneficial when delegating tasks.

Write down your business processes and create a manual or guideline that you can use as a reference for all clients you work with and assistants you hire. Include processes for working with clients, marketing, hiring, purchasing, bookkeeping and anything else that is a major part of your business that you feel needs a detailed guide.

I have found that interior designers organize their businesses a little bit differently. Some of them are paper, binder, folder people and others are computer, software, techy people. Do what works best for you!

Today I’m going to write more about client processes and what you should consider having in place, if you don’t already.

Create binders or folders either hard copy, on your computer or in your favorite software program for each client. Now create a To-Do list and schedule for each client. Color code each client and merge the schedule into one master calendar so you have a clearer picture of what needs to be done. But before any of this can be done perhaps you need to take a look at your client processes.

Communication:

Do you have an outline for how communication is handled with clients? Do you have email templates ready to save you time since you most often are sending some of the same emails, whether it’s a response to an inquiry or a welcome email, next steps email, update email or invoice email.

Consultations:

Do you have guidelines on how quickly you need to respond to inquiries and set up consultations? Do you have certain days/times blocked off for consultations only? Do you have a client qualifying process you go through before booking a consultation with an inquiry?

Proposals:

Once you’ve qualified a candidate, had a consultation and are ready to create a proposal, do you have proposal templates on hand? Do you use a formula for figuring out a project timeline and budget? How long do your clients have before they need to respond to your proposal?

Working with Tradespeople/Vendors:

Do you have a list of your go-to contractors, tradespeople and vendors? Do you have a process for connecting with them and lining them up for projects and/or placing orders? How do you schedule installations? Communication and follow up is key and guidelines on these processes are going to eliminate time, headaches and costly errors in the future.

Site Visits:

These processes may have changed due to COVID-19 whether it be the frequency of visits or the manner in which they are conducted. Be sure you have a clear idea of how to schedule and coordinate these as well as how many of these you need for each project. Do you block out time on certain days for site visits?

Reveal Day:

Do you have a checklist and processes for the completion of the entire project? Do you also do styling or take photographs? How do you then present your client with the final invoice?

Running an interior design business is no easy feat! There are multiple moving pieces and a lot of things to coordinate, order, install and consider when working on one project let alone several at one time. Writing down every process and procedure may seem like an overwhelming task but spending a little time now will save you loads of time, money and headaches in the future.

Hopefully, this has given you some things to consider! If you are really struggling with your processes I do know there are courses on this very subject that you can take to really help you get your entire business organized and running in a more efficient manner! Or, I know people who hire an assistant to help get their processes in order as well.

Have a great weekend! Danae

Are You Ready to Hire a Virtual Design Assistant?

I have heard from more and more designers that things are opening back up and things are getting busier than ever! Now that you’ve had several weeks to review how you were running your business and how you chose to run your business moving forward, are you ready for a virtual design assistant?

Have you decided that moving forward you are going to hire virtual assistants instead of in-house employees? Are you looking to work with professionals who offer an as-needed contract instead of a set number of hours per week? Are you looking to work with a professional who has experience, understanding of the interior design industry and would make a great long-term partner in your success?

Virtual design assistants are a great resource for any interior designer looking for help. They are able to provide a variety of services such as 3d renders, CAD drawings, presentations boards, sourcing, social media marketing, administrative tasks, content creation, graphic design and a whole lot more! Imagine working with someone who is available when you need them and you only pay for the hours they are actually working.

Imagine being able to offer new services that maybe you currently are not offering such as 3d renders or e-design services. A virtual design assistant can help you get 3d render and e-design services set up for your business and provide the service for you! When working with a virtual design assistant through Elite Design Assistants for the e-design services we offer a client onboarding guide created specifically for you in your branding, we offer the client questionnaire, the package offerings that you mark up to fit your pricing, the installation instructions, shopping list, 3d renders, concept boards, floor plans, etc. It’s virtually a turnkey service, one you can start offering even if you’ve never offered e-design services in the past.

So how do you get started? Either reply to this email or go to my website at https://www.elitedesignassistants.com/scheduleyourcall and schedule a time to chat. Once I get a clear picture of the exact type of virtual design assistant you need, I match you with an assistant that you can visit with to make sure it’s a great fit. All of the virtual design assistants have interior design education, years of experience and are matched based on their strengths and passions.

If a virtual design assistant is an option for you, I hope you reach out! Whether you use my service or not, I’m happy to help.

Have an amazing day!

Danae

COVID Considerations for Interior Designers

During & Post COVID Work Considerations

As states are starting to open up and interior designers are resuming somewhat normal activities, depending on where you live, there are a few things to think about when getting back out into society.

Safety recommendations – Be sure to research the safety recommendations in your state. I’ve noticed a wide variety of recommendations just to get a haircut or eat at a restaurant so be sure to research what your state is recommending when it comes to in-person meetings, in-home visits, site visits, shopping, etc.

Be respectful – The mask/no mask debate is happening everywhere but it’s important to be considerate of your clients. I know many business owners who don’t wear masks unless their customers/clients are wearing a mask. As a sign of respect they, will to, wear a mask. Ask your clients their preference if you aren’t typically a mask wearer and feel free to let your clients know your preference if you are.

Liability insurance – Have you checked with your insurance  provider to see what kind of coverage there is if any in the event that you, your client or contractors contract COVID during your working relationship? Again, all insurance coverages are different so call your provider.

Legal Waiver – The legal waiver is going to be something we could be seeing a lot of moving forward. Whether it’s from a school, sporting event, business or contractor (again, depending on where you live) organizations and businesses are going to want people to understand the risks involved in attending an event or working together and are going to want people to waive liability in the event they contract COVID. Ask your attorney if you should consider a legal waiver.

Contracting – Do you have a force majeure clause? Now that we all know what a force majeure event looks like it’s worth looking into. What happens when you can’t complete a job due to factors out of your control? Do you have a refund policy? Or is there a policy in place where the work will resume when safe? These are definitely some things to discuss with your attorney.

The interesting thing about the pandemic is that every state has slightly different policies for things. As I’m seeing some states are still shut down, others are proceeding with softball and baseballs seasons, restaurants are open for inside dining, malls are open, events are happening and people are gathering in larger crowds.

The best thing to do is research your state, the safety recommendations and policies and come up with a plan that best suites you and your clients for today and in the future. And for extra measure, consult with your attorney. It’s always better to be safe, than sorry.

I hope you have a beautiful day!

Danae

Interior Design Legal Contracts

What should you include in your interior design contract? When it comes to contracts you should consult an attorney but before you do, what are other interior designers saying you should consider when drawing up your contracts?

Knowing exactly what to include in your interior design contract can be overwhelming. Especially when something comes up that’s not covered. I am NOT a lawyer and I am NOT giving legal advice here but when several interior designers were asked what they would include in their interior design contract, these were some of the answers that they came up with. Of course, all of these may not pertain to you, this list is just to give you some things to think about. When dealing with contracting I suggest you consult with your attorney or purchase legal contracts from a reputable provider. There are a few below that other interior designers have recommended.

What other interior designers say you should consider including in your contract.

1.       If you do not want to hire contractors by being the general on a project, add verbiage that specifies that the client hires all contractors and is responsible for paying those contractors.

2.       Add a disclaimer that you are not responsible for the quality of items purchased.

3.       Include fees for late payments.

4.       Be sure to include a termination clause where all payment for work already completed and any items ordered will be due in full at time of termination.

5.       If you want to use the photographs of finished work in your marketing, make sure you have a ‘reserve the right to take photos and use those images in your marketing’ clause.

6.       Make sure your fee/payment schedule is clear. Do you require up front payment of any sort, do you bill monthly, do you bill for estimated shipping charges and then reconcile charges at time of delivery? Include everything possible.

7.       Trade sources – This maybe isn’t included in your contract, again consult an attorney, but be careful of sharing your trade resources. There have been instances of clients going directly to the vendors in search of a better deal.

8.       Permissions/social media – Be clear in your contract as to who is the legal owner of the design work. I’m guessing you want that to be you. If your clients are sharing the design on social media do you want to be tagged in the photo as the interior designer? Be sure to put this in your contract.

9.       Confidentiality clause – depending on your clientele they may not want you to share the designs you created for them on social media. This is something to consider when looking at your clientele. If you work with high profile clients, I’m guessing they will request a confidentiality clause that will pertain to the design, social media and any information related to them as people and/or professionals and their design.

Besides the obvious standard lingo on specifications of work, drawings, etc., what the internet says you should consider when creating a contract.

1.       Consultants and contractors – (similar to above) Some interior designers will oversee the work of contractors and hire their own – others will have the client hire and pay contractors. Be clear about how you run your business in your contract.

2.       Prices guarantees – Be sure to include a clause that does not guarantee the price of goods or other services if you are hiring contractors. Pricing changes can be out of your control and if you quote a client a price today and they decide two weeks from now to purchase that item, the price may have changed. Protect yourself!

3.       Purchasing and Procurement – If you want paid up front for the purchase of goods then put that in the contract and be sure to collect payment at time of order.

4.       Refunds – Be sure to include a clause that states whether or not your goods and services are non-refundable. If you are dealing with custom pieces, they should be non-refundable.

5.       Cancellations – Like above be sure to have a cancellation clause that states how the payment works upon cancelation/termination.

6.       Reimbursable costs – Be sure to outline what reimbursable charges are such as shipping charges, rendering services, travel, storage, etc.

7.       Payment terms – when is payment due and how often?

8.       Insurance – Be sure to have business insurance to cover your business, liability, commercial auto and possibly even worker’s comp. But also consider in the contracting what the client should have insurance on in regard to their home and goods. Seems silly but who is responsible for all furnishings and materials during delivery, moving and installation?

9.       Photography of completed works – like mentioned above, make sure you make it clear you want photos of the finished product, include that you will not mention the clients name or address in your marketing if they are concerned about privacy.

Other things to consider:

·         Revision limitations – you certainly don’t want unlimited revisions, or you may never get a job completed.

·         Fees for interior design work delays – if your client is holding up the project for some reason what are the fees for their delays.

·         Damages - who is responsible for damaged goods, finishes, etc.

·         Expiration of agreement - does your agreement with your client expire at some point?

·         Safety on site - are you and the clients required to follow safety measures while on site visits?

·         Ownership of designs – if you own the design make that clear in your contracting so others aren’t able to profit from your designs.

·         Indemnity - holding each other harmless.

·         Site visit and limitations –set a limit of site visits or you may be called to the site frequently by the client for little to no reason at all.

Last but not least, do you need a COVID clause? It’s actually called a force maejure clause and it frees both parties from liability or obligation in times of an extraordinary event or circumstance beyond the control of the parties such as war, crime, strike, riot, epidemic, or an event described described as the legal term act of God preventing one or both parties from fulfilling their legal obligations under the contract. Most of the time in these cases it’s not excusing the non-performance entirely but only suspending it for the duration of the force majeure event.

I know I’ve given you a lot to think about but hopefully some of this will prevent you from experiencing significant headaches and nightmares in the future! Consult your attorney or the one I suggest below and make sure you are covered!

There are several great resources for interior design contracts out there. A few that I’ve seen other interior designers recommend are Nancy Ganzekaufer at www.nancyganzekaufer.com or Capella Kincheloe at https://www.capellakincheloe.com.

Or if you want to work with an attorney to draw up your own contracting I recommend Keren de Zwart with Not Your Father’s Lawyer at https://www.notyourfatherslawyer.com.

At the end of the day you need to be sure that your contract protects you from a variety of situations that can come up as an interior designer dealing with clients. The more you have outlined in the contract the better off you’ll be.

Get your thoughts in order and consult an attorney, it will save you time and headaches in the future!

Stay safe!

XX, Danae

Interior Designers & Copyright

As an interior designer there are several things to consider when it comes to your designs and creations. Copyright infringement is becoming a huge problem in the interior design industry so make sure you are aware of what your rights are as an interior designer as well as the rights of others. I’ve been working with Keren de Zwart with Not Your Father’s Lawyer to bring you some helpful tips!

Social media:

The legal truth is – if you didn’t create it, you need permission to share it! That goes for social media content, testimonials on your website, and third-party content you might incorporate into your products and services. Anything that isn’t your original work* belongs to someone else. Make sure you have permission to use it.

I realize that on social media people share other people’s work all the time and if a big name person share’s your work, recognizes you for it and is going to get you more exposure than more than likely you might be okay with that. But what happens when someone shares your work without your permission to a group or following that you prefer not to be associated with? You can email them and ask them to remove that content as it does not belong to them. The same can happen to you. Just because you admire Amy All Star Designer’s work doesn’t mean she wants you sharing it with your followers.

What happens when someone is sharing your work without recognizing you as the interior designer? Again, reach out to them and ask them to either remove the post or add you as the original designer.

Permissions:

Make sure you have consent and terms of service on your website, blog and in your contracting. Do you give permission to others to share your work with your watermark and/or authorship being recognized?

Be sure to include a release in your contracting with your clients if you intend on sharing photos, designs, etc. It’s happened a time or two where a client will claim ownership over designs and photos because they are paying for the service and they try to take credit for the design on social media. Make sure your contract is clear on what belongs to you and how your client can share it!

*If you are an employee or independent contractor for a design firm, do you know who owns the rights to your work? For example, if you are a designer for Havenly be sure to look into your contracting to see how and if you can share the designs you created. Are your designs owned by Havenly? Can you share your designs on social media and if you can must you include that you are a designer with Havenly? The same holds true for any design firm you work with!

The more you know about copyright law the easier it is to legally share on social media and to be aware of how other people should legally be sharing your work, too. When it doubt … ask permission!

Is there anything else you’d like to know? Please let me know if you have any questions!

Have a great day! Danae

IP Law for Interior Designers Part 3: Social Media Influencing

Social media is huge and it’s becoming a major hot topic in the interior design industry. Keren de Zwart, founder of Not Your Fathers Lawyer, wrote an article specifically pertaining to sponsorships and social media and here is what she has to say.

Whether you’re the business owner pitching the product or service or the influencer getting paid to promote it, the rules around sponsored posts and advertisements on social media are getting tighter, so be sure you’re in the know and in compliance to avoid fines and penalties with this guide to social media sponsorship rules.

What’s All the Fuss About?

If you’ve been playing the sponsorship field for a while, you might have heard about how the Federal Trade Commission (FTC) cracked down in recent years and sent notices to some really big names (cough::Kardashians::cough) telling them to be more transparent about their sponsored posts or risk fines and other scary penalties.

But why are they making a big deal about it and why now? Well, in short, consumer protection. The whole purpose behind the FTC is to ensure transparency in commerce and to protect consumers. They’re regulating everything from the National Do Not Call List to approving mergers of major corporations and ensuring they’re not violating antitrust rules.

While you–as a business using social media to promote your product or service or as an influencer using your following and relationships to share great finds with the world and get paid for it–may understand how the world of sponsorship deals works, the reality is that most consumers out there don’t really get it. If they follow influencers, it’s because they enjoy the content and like learning about new products, trends, restaurants, etc. That’s what makes influencers such incredible marketing tools.

But in today’s world, with influencers having tens of thousands or even millions of loyal followers who will purchase anything and everything the influencer hawks, the FTC wants to make sure consumers have all the information before they hit the “buy now” link.

What are the Rules?

The rules are being formed as the industry unfolds, so what holds true today might not hold true 6 months or a few years from now. It’s important to keep up on the rules to ensure you’re compliant.

BE UP FRONT

The key here is that the FTC doesn’t like anything that makes it hard for the consumer to understand the relationship. Your yoga mat might really, truthfully be the best yoga mat to ever hit the market, and the influencer paid to promote it might actually think that. But that doesn’t mean they can skip the part where they share with their followers that they got it for free or are being paid to promote it. If there’s a connection between you and the promoter (payment, free product/service, ownership in company, affiliate links) it needs to be disclosed.

SPELL IT OUT CLEARLY

Don’t use vague terms like #collab #thanks #sp. It has to say exactly what it is. Cater to the lowest common denominator. Generally acceptable versions: #ad #sponsored #sponsoredpost #paidcollaboration.

PUT THE DISCLOSURE WHERE CONSUMERS CAN FIND IT

So you have a sponsored post that looks fab, meets all the Instagram algorithm checkboxes with lots of quality content in the form of a 3-paragraph swoonfest of your product, and the influencer adds the hashtag #ad as one of his or her 30 hashtags? Good deal, right? Wrong! Don’t bury that disclosure in the list of 30 hashtags. It needs to be up front, separated from the sea of hashtags. And something that people get wrong all the time is that the disclosure has to be before the ellipses that a user has to click on to see the rest of the content. That means when users are just scrolling through their feed, they can see within those first two lines that it’s sponsored content.

If you are working on a sponsored post for Instagram stories or Snapchat and there isn’t a place to add content, it should be included directly on the story.

Who is Responsible?

It is both the business’s and the influencer’s job to comply with the rules. Both can be fined for failure to comply. So how do you ensure the legal action by the other party? Get it in writing. Have an agreement written and ensure that there is a list of acceptable and prohibited actions and/or omissions in the posts.

But Nobody Else is Following the Rules!

Forgive me for sounding like a parent–I do parent two little ones on a daily basis after all–but if all your friends were jumping off a cliff would you follow? Here’s a few great reminders for you:

Ignorance of the law is not a defense. “But I didn’t know!” is not a defense to breaking the law and violating rules. It’s your job to stay abreast of these things.

Everyone is doing it. This might be true. I regularly see very, very popular influencers on social media getting it wrong–sometimes in small ways like putting #ad at the very end of a 5-paragraph review of their latest hotel stay–but that doesn’t mean you can’t get in trouble for it. Can you tell the officer that pulled you over for speeding that you shouldn’t get a ticket because there were dozens of other cars speeding on the road? Nope. You can only be responsible for your actions and those with whom you contract to promote your business.

Want to make sure you’re getting it right? Feel free to contact Keren today so you can put together your custom influencer or sponsorship agreement and grow your business without worry that you’re violating any rules. For more information about Keren de Zwart please check out her website at www.notyourfatherslawyer.com.

Stay tuned for more information regarding copyright and social media in the coming weeks!

Stay safe!

XX, Danae