You're scanning the brand contract. Compensation looks fair. Deliverables make sense. Then you spot it: "First right of refusal for future campaigns."
Your finger hovers over the email reply button. What does this even mean? And should you agree to it?
First right of refusal gives a brand the option to claim your services for future campaigns before you can work with their competitors.
It's not an exclusivity clause. You can still work with other brands. But when the brand that holds your first right of refusal wants to book you again, they get to jump the line.
The brand is hoping this clause slides by unnoticed. It rarely comes with extra compensation, but it absolutely should. Here's how to spot it, price it, and decide whether to accept it.
What First Right of Refusal Actually Means
First right of refusal works like this: if you receive an offer from Brand B, you must give Brand A (who holds the right) the chance to match or beat that offer before you can accept Brand B's campaign.
The brand gets preferential access to your calendar without paying for exclusivity. They're essentially buying an option on your future availability — and options have value.
Most brands frame this casually: "We'd love to work together again" or "We hope you'll consider us for future opportunities." The legal language is more explicit: "Creator agrees to offer Brand first right of refusal on future campaigns in the lifestyle category for a period of six months."
This isn't the same as category exclusivity, which blocks you from working with competitors entirely. With first right of refusal, you can still work with competitors, but only if the original brand passes on matching their offer first.
Why Brands Want This (And Why They Don't Volunteer the Cost)
Brands use first right of refusal to lock in successful creators without paying for full exclusivity.
If your content performs well, they want to ensure competitors can't poach you by offering slightly better terms.
From the brand's perspective, it's brilliant. They get preferential access to proven talent without the upfront cost of an exclusivity agreement. They only pay when they exercise the option.
Brands know this clause has value. That's why they often bury it in partnership language or present it as a mutual benefit. They are counting on you not reading that far into the contract.
Bonus Tip: If a brand includes first right of refusal in their initial contract, they already see long-term value in working with you. That's leverage you can use in pricing negotiations.
How to Price First Right of Refusal
First right of refusal should cost 15-25% of your base content fee, depending on the duration and category scope.
Here's the math:
Short-term (3 months): 15% of base fee
Medium-term (6 months): 20% of base fee
Long-term (12 months): 25% of base fee
If your base rate for an Instagram Reel is $2,000, a six-month first right of refusal should add $400 to your total.
The fee compensates you for the opportunity cost and administrative burden. You'll need to reach out to the brand with competing offers, wait for their response, and potentially lose deals if they match offers you'd prefer to decline.
Category scope affects pricing too. A first right of refusal for "beauty products" is more restrictive than "skincare only." Broader categories command higher fees because they limit more potential partnerships.
Calculate your first right of refusal fee with Selah →
Duration matters more than most creators realize. A 12-month first right of refusal locks up a significant portion of your peak earning window. Price accordingly.
What to Watch For in Brand Messages
Brands rarely use the phrase "first right of refusal" in their initial outreach. Look for these softer versions:
- "We'd love to establish an ongoing partnership"
- "Priority consideration for future campaigns"
- "First look at upcoming opportunities"
- "Preferred creator relationship"
- "Right to match competing offers"
The legal version in contracts is more direct: "Creator agrees to provide Brand with first right of refusal" or "Brand shall have the option to match any competing offer."
Any language suggesting you need to check with them before accepting other deals is a first right of refusal clause, regardless of how it's worded.
When to Accept vs. When to Counter
Accept if: The brand offers fair compensation for the right, the duration is reasonable (under 6 months), and the category scope is narrow. A first right of refusal can lead to consistent work with brands you enjoy partnering with.
Counter if: No additional compensation is offered. First right of refusal has real value — don't give it away for free. Also counter if the duration exceeds 12 months or the category is overly broad ("lifestyle" or "fashion" versus "sustainable activewear").
Walk away if: The brand wants first right of refusal across all categories or for indefinite periods. These terms are too restrictive for most mid-tier creators.
First right of refusal isn't inherently bad for creators. It can provide steady work with brands you trust. But it's a separate service that deserves separate compensation.
The next time you see partnership language in a contract, read the fine print. If a brand wants preferential access to your future availability, make sure they're paying for the privilege.
Get an accurate quote that includes first right of refusal pricing →
Understanding what brands are really asking for in their contracts is part of knowing how to price a brand deal properly. Each clause in that contract — whether it's exclusivity, usage rights, or first right of refusal — represents additional value you're providing beyond the content creation itself.