When an independent event planner sends a services agreement to a major brand, the response is often a heavily marked-up contract from corporate counsel. According to Casey Glasser, founder of Foundwell Legal, this creates an inherently uneven playing field.
"An individual planner without a legal background may be negotiating against an entire corporate team with significantly more resources and bargaining power."
Glasser, a former corporate attorney, now helps planners and creators navigate these high-stakes negotiations. In this interview, she breaks down common contract pitfalls, red flags in brand deals, and when to walk away.
The Corporate Counsel Dynamic
For event planners working on brand activations, the biggest challenge is often the negotiating counterpart. Brands typically involve their in-house legal teams, who prioritize the company's interests over the planner's.
"Corporate counsel represents the brand’s interests, so the revisions may shift significant responsibilities or risks to the planner."
Glasser's corporate background gives her insight into how these teams operate. She combines that with an understanding of the events industry's practical realities to identify which revisions create meaningful risk and propose more protective language.
Red Flags in Brand Partnership Agreements
For content creators, certain terms are well-known warning signs: perpetual usage rights, unlimited revisions, and broad exclusivity. But Glasser points to a less obvious concern.
"A contract that makes the creator responsible for the accuracy and legality of every statement in the content, even when the brand supplied the script, product claims, or required talking points."
This risk often hides across representations, warranties, and indemnification clauses. Ambiguity is another trap. For example, a contract might grant three months of usage rights without specifying when the period begins, or allow "revisions" without distinguishing between minor edits and a full reshoot.
"Creators should not assume that a reasonable interpretation is the only possible interpretation."
Venue and Vendor Contracts: Beyond the Obvious
When reviewing venue contracts, Glasser advises looking for one-sided provisions. A force majeure clause that protects the venue but not the client is a common issue.
"If a force majeure clause protects the vendor or venue if it cannot perform due to an event outside its control, but does not provide similar protection if circumstances outside the client’s control prevent the event from taking place, the client may want to ask the vendor or venue to revise the provision so that it provides mutual protection."
Hidden fees are another frequent problem. A venue may list one price, but service charges, buyouts, or required vendors for toilet rentals, valet, or security can appear without pricing. Identifying these early helps clients understand the true cost.
When to Walk Away
Glasser generally recommends negotiating before walking away. The initial draft is often just a starting point, and even large companies will agree to reasonable revisions. However, certain signs indicate it's time to end the discussion.
"If you feel like your work is being severely undervalued, the other party is unwilling to work with you to make one-sided provisions more mutually protective, or treats every proposed revision as nonnegotiable, those may be signs that it’s time to walk away."
Dispute Resolution Without Litigation
Late or nonpayment is the most common breach creators face. Many assume their only recourse is a lawsuit, which often isn't financially viable. Glasser takes a different approach.
"Litigation is not their only option."
Depending on the agreement, she may send a formal demand letter, negotiate a structured payment arrangement documented by a promissory note, or preserve the creator's right to suspend performance or challenge continued use of the content.
"My objective is to identify the most effective leverage available under the contract and resolve the dispute without immediately incurring the expense of litigation."
For more insights on protecting your creative work, explore resources on contract basics for freelancers or understanding force majeure clauses.
Casey Glasser is the founder of Foundwell Legal, where she advises event planners and content creators on contract review, brand partnerships, and dispute resolution.