Gymshark and fitness creator FAFO with exclusivity

Deadlift world record holder and fitness creator Nathaniel Massiah is in court because Gymshark is enforcing his non-compete.

I've been hiring influencers for over a decade and have seen countless contract breaches at various payment levels, but brands typically avoid legal action given the power dynamics and potential community backlash.

This is giving FAFO energy on both sides so I had to drop a quick issue on it.

The brand terminated the agreement and his non-compete was unpaid, so the courts are trying to decide if the contract was reasonable and if it is enforceable.

Now he did sign a bad contract, as many creators do, but it will be interesting to see what the courts say.

You can read the article here watch his video here. I'll send out another newsletter when there is an update.

PLEASE make sure you are negotiating exclusivity payments into your contracts in addition to payments for the production and publication of your content. And please have payment terms for if a brand terminates a contract and you haven't done anything wrong. Some examples of this are "pay or play" or "kill fee" clauses.

Contracts can be overwhelming but you can get better at negotiating them.

Not sure where to start? I've got you:

• My contract and negotiation masterclass is available to all Suite Society members [Join TSS]

• Need the basics? Get the standalone masterclass here and get my pricing guide as a bonus [Snag the masterclass + pricing guide]

• Director's Circle membership includes unlimited contract review and negotiation strategy [Level all the way up with the membership for 6-figure creators]

Here's to building something bigger (and not getting sued),

Brittany

P.S. I’ll probably write an unhinged take on this at some point so make sure you upgrade to get the goods. [Upgrade your subscription]