Essential Contract Clauses for Freelancers

A solid contract protects both you and your client by clearly defining expectations, deliverables, and terms. Many freelancers make the mistake of working with only verbal agreements or overly simplistic contracts, leaving them vulnerable to disputes and non-payment. This guide covers the must-have clauses for every freelance agreement.

1. Scope of Work

The foundation of any contract is a detailed description of what you'll deliver. Include:

  • Specific deliverables (number of revisions, file formats, etc.)
  • Project milestones and deadlines
  • What's not included (avoid scope creep)

Example: "Designer will deliver three initial logo concepts in JPG and PNG formats. Client may select one concept for two rounds of revisions."

2. Payment Terms

Clearly define all financial arrangements:

  • Total project cost or hourly rate
  • Payment schedule (deposit, milestone payments, final payment)
  • Accepted payment methods
  • Late payment penalties (e.g., 1.5% monthly interest)
  • Expenses reimbursement policy

Consider requiring a 25-50% deposit before starting work, especially with new clients.

3. Timeline and Deadlines

Establish realistic timeframes that account for:

  • Your current workload
  • Client feedback turnaround times
  • Buffer for unexpected delays

Include language about what happens if the client causes delays by not providing needed materials or feedback.

4. Revisions and Change Requests

Define how many revisions are included and how additional changes will be handled:

  • Number of included revision rounds
  • Process for requesting changes
  • Hourly rate or fee for additional revisions

This prevents endless tweaking without compensation.

5. Kill Fee and Cancellation Policy

Protect yourself if the client cancels mid-project:

  • Define what portion of the fee is non-refundable
  • Specify payment for work completed to date
  • Outline any costs the client must cover (e.g., non-cancelable expenses)

6. Intellectual Property Rights

Clarify ownership of the work:

  • When rights transfer (typically upon final payment)
  • Any retained rights (portfolio use, case studies)
  • Handling of pre-existing materials

For creative work, you might retain copyright while granting the client a license for specified uses.

7. Confidentiality and Non-Disclosure

Protect sensitive client information and your own proprietary methods:

  • Define what constitutes confidential information
  • Specify permitted uses of confidential materials
  • Duration of the confidentiality obligation

8. Independent Contractor Status

Explicitly state that you're not an employee to avoid misclassification issues:

  • You control how work is performed
  • Client doesn't withhold taxes
  • No employee benefits are provided

9. Dispute Resolution

Define how conflicts will be handled:

  • Mediation or arbitration before litigation
  • Governing law (your state/country)
  • Responsibility for legal fees

10. Termination Clause

Specify conditions under which either party can end the agreement:

  • Required notice period
  • Payment for work completed
  • Handling of materials upon termination

Getting Contracts Signed

Use electronic signature tools like DocuSign or HelloSign for convenience. Always have contracts signed before starting work or receiving sensitive materials.

Legal Advice: While templates are helpful, consider having a lawyer review your standard contract to ensure it complies with local laws and adequately protects your interests.

A well-crafted contract demonstrates professionalism while preventing misunderstandings. It establishes clear boundaries and processes for handling virtually any situation that might arise during a project. Invest time in developing solid contract templates you can adapt for different clients and project types.