Exclusivity Clauses in Brand Deals: How to Read One Before You Sign (2026)

You sign a nice brand deal. A month later, a better offer comes in from another brand — and you have to turn it down. Why? A line you barely noticed in the first contract: the exclusivity clause.

Exclusivity isn't always bad. But it has real value, and a lot of creators give it away for free without realizing what it costs them. Here's how to read one properly.

What an exclusivity clause is

An exclusivity clause says you won't work with competing brands for a certain time. The brand doesn't want to pay you, then watch you promote their rival next week. Fair enough.

The problem is how far these clauses reach. A tight, fair clause costs you almost nothing. A broad, vague one can lock you out of months of paid work — often worth far more than the deal that created it.

What a fair exclusivity clause looks like

Three things make exclusivity reasonable:

• Named competitors. Specific brands listed by name — not a whole industry.
• A short window. Tied to the campaign: 30–60 days is normal.
• Extra pay. Exclusivity is a premium, commonly +15–30% on top of your base fee.

Here's the difference at a glance:

The traps to watch for

"Including but not limited to." This is the big one. It turns a short list into an open-ended one — the brand can later decide a new company "counts" as a competitor. Always ask for a closed, named list.

Whole-category bans. If you do one lipstick deal, exclusivity shouldn't cover all skincare, fragrance, and haircare too. Keep it to the actual product category.

Long lockouts. A 6- or 12-month exclusivity can quietly cost you thousands in deals you can't take. If a brand wants that, they need to pay like it.

No extra fee. Exclusivity always has a price. If it's in the contract with no premium attached, that's your cue to add one.

How to negotiate it

You don't need to refuse — just tighten and price it. A few lines that work:

• Narrow it: "Happy to stay exclusive from these 3 named brands for 30 days. Could we make that a closed list, rather than 'including but not limited to'?"
• Shorten it: "A 6-month exclusivity is a lot to take on. Can we tie it to the campaign window — say 30 days?"
• Price it: "For category-wide exclusivity over 3 months, I'd add a 25% exclusivity premium. Want me to send an updated quote?"

Ask yourself three questions every time: Who exactly can't I work with? How long? And what's the premium? If you can't answer all three from the contract, it's too vague to sign.

Don't forget the end date

Here's the part creators miss: knowing when exclusivity lifts. The day it ends, you're free to take that competing deal — but only if you remember. Mark the date the moment you sign. (For more on what to charge once you're free, see what creators actually charge in 2026.)

You can say yes — on your terms

Exclusivity is normal. Brands ask for it constantly, and agreeing to a fair version is part of doing business. The skill is simply making it specific, short, and paid — and tracking when it ends.

That's where BrandTreaty helps: it reads the exclusivity terms in plain English, flags the catch-all "including but not limited to" language, and watches the calendar so you know the exact day you're clear to take your next deal. (Want the full picture? See the 10 red flags in any brand deal contract.)