OnlyFans agency in the US: what to check before you sign
4 min read · Updated on 2026-09-18
Short answer
US agency contracts sit on very little statutory floor. Term, termination, who owns the account, who carries chargebacks — it is in the contract or it does not apply. So the first question about a US agency is never "what percentage", it is "how do I get out".
The one structural difference
In much of Europe a contract rests on law that applies whether or not it is written down, and courts strike out clauses that go too far. In the US, what was signed is largely what counts. What is not covered is not protected.
That is not a disadvantage in itself. It just means the contract is the entire relationship, not a summary of it.
The five clauses to read first
1. Term and termination. Look for the right to terminate without cause — termination for convenience — with 30 days' notice. If it is missing, the term is the term: twelve months with no exit is common in the US and enforceable.
2. Who owns the account and the name. If the OnlyFans account is in the agency's name, it belongs to the agency. The same goes for Instagram handles and for a stage name if they register it as a trademark. The contract has to answer this, in your favour.
3. Who owns the footage. The normal shape is a licence to use your material while you work together. What it should not be is a transfer of rights — work for hire or an assignment — because that survives termination.
4. Who carries chargebacks. When a fan reverses a payment, the platform takes it back from you. Some contracts also make you refund the agency's share that was already paid out. That belongs excluded.
5. Restrictions afterwards. Clauses barring you from working with anyone else for months after the end are hard to enforce in many states and void in some — but "hard to enforce" means you would have to litigate. Better that it is not in there at all.
The five clauses as a checklist
| Clause | What should be in it | What should not |
|---|---|---|
| Term and termination | termination for convenience, 30 days' notice | twelve months with no exit — common in the US and enforceable |
| Account and name | both yours, explicitly | the account in the agency's name, your stage name as their trade mark |
| Rights to the footage | a licence for the duration of the relationship | work for hire or assignment — that outlives termination |
| Chargebacks | the platform claws back from you, nothing more | repaying the agency share that was already paid out |
| Post-term non-compete | nothing | months without working with anyone else — "hard to enforce" means you have to sue |
In the US what was signed is what applies: the contract is the whole relationship, not a summary of it.
What is normal and what is a warning sign
US splits usually run between 30% and 50%, depending on how much the agency genuinely takes over. Below that, not much is usually done; above it, a great deal has to be.
Warning signs are the same everywhere: a fee up front, a paid "coaching" programme, pressure to sign today, no named person to deal with — and an agency that will not put you in touch with two of its creators.
What a European agency can do for a US creator that a US one cannot
The time difference, which is otherwise the problem. When fans in New York write in the evening, it is early morning in Europe; when it is midnight on the West Coast, a European chat team is at its desk mid-morning. Exactly the hours US agencies have to staff as night shifts are ordinary working hours here.
That is not a marketing line. It is why coverage across two time zones is cheaper and steadier than covering one time zone around the clock.
What to settle before you start
Tax-wise, nothing changes for a US creator because the agency sits in Europe: the agency's share is a business expense on Schedule C like any other. What does need settling is the statement — monthly, with dates, gross revenue and the share deducted, in a form an accountant will accept. A screenshot is not bookkeeping.
And language. Anyone handling American fans needs a chat team that writes idiomatic English, not translated German. Ask about it directly and ask to see a sample.