Most disputes between OFM agencies and creators come from contracts that were too vague on commission, too silent on exit terms, or nonexistent entirely. A good contract does not guarantee a good relationship. But a bad one almost guarantees a bad ending. This is what to include.
This article is not legal advice. Have a lawyer review any contract before you use it.
Commission: net or gross, what's included, when it's paid
Commission disputes are the most common source of agency-creator conflict. The contract needs to be specific on three things:
- Net or gross? Net means after OnlyFans' platform fee (20%). Gross means on total revenue before the fee. A 20% commission on net is not the same as 20% on gross. At $10,000 monthly revenue, one is $1,600 and the other is $2,000.
- Which revenue lines are included? Subscriptions only? Subscriptions plus PPV? Tips? Custom content? All revenue streams should be named explicitly.
- When is payment due? The payment date, the payment method, and what documentation the creator receives before payment is processed.
Account access: what you get and what you don't
The contract should specify exactly what account access the agency has, how it's managed, and what happens to that access if the contract ends. Agencies should never hold the email address linked to the OnlyFans account. Creators should retain that credential at all times.
Access to a team login or a shared session is enough for chatting services. Full account control should never transfer to the agency.
Exit terms: the clause that prevents the worst outcomes
Both parties need to know how to end the arrangement. The contract should state:
- How many days notice is required from either party
- What happens to any revenue earned but not yet paid during the notice period
- Whether there is a minimum contract term before exit is available
- What happens to fan notes, tone guides and other materials the agency created
Intima's standard exit terms are 14 days notice from either side, no penalty, no holdback. The creator keeps everything built during the engagement.
IP and content ownership
The creator owns their content. The contract should state this explicitly, along with what the agency is and isn't allowed to do with content it accesses as part of the engagement. A clause that says the agency will never use, share or reproduce the creator's content outside of the engagement scope is standard and the creator should insist on it.
NDA on fan data
The agency will have access to fan conversations. This is some of the most sensitive data in the creator's business. The contract should include a non-disclosure clause covering fan identities, fan purchase history and the content of fan conversations. A breach of this clause should have clear consequences.
The dispute clause
Disputes happen even in good relationships. The contract should specify how they're handled: direct negotiation first, then mediation if negotiation fails, and a specific jurisdiction for any legal action if mediation fails. Leaving this vague means disputes default to whoever has more resources to fight.
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