Why Every Freelancer Needs a Contract
A contract protects both you and your client. It prevents misunderstandings, scope creep, and non-payment. Never start work without a signed contract—no matter how much you trust the client.
Essential Elements of a Freelance Contract
- Parties: Your name/business and client name/business
- Scope of work: Exactly what you'll deliver
- Timeline: Start date, milestones, completion date
- Payment terms: Amount, schedule, method
- Revisions: How many rounds included
- Ownership: Who owns the work
- Confidentiality: NDA if needed
- Termination: How either party can end agreement
- Liability: Limits on your liability
- Signatures: Both parties must sign
Free Freelance Contract Template
FREELANCE SERVICES AGREEMENT
This Freelance Services Agreement ("Agreement") is entered into as of [DATE] ("Effective Date") by and between:
FREELANCER:
[Your Name/Business Name]
[Your Address]
[Your Email]
[Your Phone]
("Freelancer")AND
CLIENT:
[Client Name/Business Name]
[Client Address]
[Client Email]
[Client Phone]
("Client")1. SCOPE OF WORK
Freelancer agrees to provide the following services ("Services"):
- [Detailed description of service 1]
- [Detailed description of service 2]
- [Detailed description of service 3]
Deliverables:
- [Specific deliverable 1]
- [Specific deliverable 2]
- [Specific deliverable 3]
2. PROJECT TIMELINE
Start Date: [DATE]
Completion Date: [DATE]Milestones:
- [Milestone 1] - [DATE]
- [Milestone 2] - [DATE]
- [Final Delivery] - [DATE]
3. COMPENSATION
Total Project Fee: $[AMOUNT]
Payment Schedule:
- Deposit (50%): $[AMOUNT] - Due upon signing
- Final Payment (50%): $[AMOUNT] - Due upon completion
Payment Method: [Bank transfer/PayPal/Check]
Late Payments: Payments not received within 7 days of due date will incur a late fee of 1.5% per month (18% annually).
4. REVISIONS
This Agreement includes [NUMBER] rounds of revisions. Additional revisions will be billed at $[AMOUNT] per hour.
5. CLIENT RESPONSIBILITIES
Client agrees to:
- Provide all necessary materials and information by [DATE]
- Respond to requests for feedback within [NUMBER] business days
- Provide timely approval at each milestone
- Make payments according to the schedule in Section 3
6. INTELLECTUAL PROPERTY
Upon receipt of full payment, Client will own all rights to the final deliverables. Freelancer retains the right to display the work in their portfolio and for self-promotion purposes.
7. CONFIDENTIALITY
Both parties agree to keep confidential any proprietary information shared during this project.
8. TERMINATION
Either party may terminate this Agreement with 7 days written notice. Upon termination:
- Client will pay for all work completed to date
- Freelancer will deliver all work completed
- Deposit is non-refundable
9. LIABILITY
Freelancer's total liability under this Agreement shall not exceed the total project fee.
10. INDEPENDENT CONTRACTOR
Freelancer is an independent contractor, not an employee. Freelancer is responsible for all taxes.
11. GOVERNING LAW
This Agreement shall be governed by the laws of [STATE/COUNTRY].
12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.
SIGNATURES:
FREELANCER:
Signature: _______________________
Name: [Your Name]
Date: _______________________CLIENT:
Signature: _______________________
Name: [Client Name]
Date: _______________________
How to Customize the Template
Scope of Work Section
Be extremely specific. Instead of "Website design," write:
"Design and deliver a 5-page responsive website including: Home, About, Services, Portfolio, and Contact pages. Includes up to 3 design concepts, 2 rounds of revisions, and mobile-responsive design. Does NOT include: copywriting, photography, logo design, or ongoing maintenance."
Payment Terms Section
Choose the structure that works for you:
- 50/50: 50% deposit, 50% on completion
- 33/33/34: Three payments at milestones
- 100% upfront: For small projects or risky clients
- Monthly: For retainer agreements
Revision Policy
Clearly define what counts as a revision:
"Revisions include minor changes to existing work (color adjustments, text edits, layout tweaks). Major changes that alter the scope (new pages, different design direction, additional features) will be quoted as separate change orders."
Contract Clauses to Add
Kill Fee Clause
If client cancels mid-project:
"If Client terminates this Agreement before completion, Client agrees to pay a kill fee of 50% of the remaining project balance, plus payment for all work completed to date."
Rush Fee Clause
For tight deadlines:
"Projects requiring completion in less than [X] days will incur a rush fee of 25-50% of the project total."
Expenses Clause
If you'll incur reimbursable costs:
"Client agrees to reimburse Freelancer for pre-approved expenses including stock photos, fonts, software licenses, and travel. Expenses over $100 require prior written approval."
Portfolio Rights Clause
Ensure you can show your work:
"Freelancer retains the right to display completed work in portfolio, website, and marketing materials. If Client requires confidentiality, a 25% confidentiality fee will be added to the project total."
Warranty Clause
Limit your ongoing obligations:
"Freelancer warrants that work will be free from defects for 30 days after delivery. After 30 days, any changes or fixes will be billed at Freelancer's standard hourly rate."
Digital Signatures
Use electronic signature tools for faster turnaround:
- DocuSign: Industry standard, legally binding
- HelloSign: User-friendly, affordable
- PandaDoc: Includes templates and tracking
- Adobe Sign: Professional, integrates with Adobe
When to Use Different Contract Types
Project-Based Contract
Use for: One-time projects with defined scope
Example: Logo design, website build, video production
Retainer Agreement
Use for: Ongoing monthly services
Example: Social media management, ongoing consulting
Statement of Work (SOW)
Use for: Large projects with multiple phases
Example: Enterprise software development, complex marketing campaigns
Master Service Agreement (MSA)
Use for: Long-term relationships with multiple projects
Example: Agency-client relationship with ongoing projects
Red Flags in Client Contracts
Watch out for these problematic clauses:
- Work-for-hire without premium pay: You lose all rights
- Unlimited revisions: Recipe for scope creep
- Payment upon client satisfaction: Too subjective
- Non-compete clauses: May prevent you from working
- Indemnification: You take on all legal risk
- Net 90 or longer: Too long to wait for payment
Contract Best Practices
- Always use a contract: Even for small projects
- Get it signed before starting: No exceptions
- Keep it simple: Plain language, not legalese
- Be specific: Vague terms lead to disputes
- Include payment terms: When and how you'll be paid
- Define scope clearly: What's included and excluded
- Set boundaries: Communication hours, response times
- Protect yourself: Liability limits, termination rights
- Keep copies: Store signed contracts securely
- Review annually: Update your template as you learn
What to Do If Client Won't Sign
If a client refuses to sign a contract:
- Explain the benefits: It protects both parties
- Offer to discuss concerns: Maybe they have questions
- Simplify if needed: Maybe it's too complex
- Stand firm: No contract = no work
- Walk away if necessary: Red flag for bigger problems
Legal Considerations
- Consult a lawyer: Have an attorney review your template
- State-specific laws: Some clauses vary by location
- International clients: Consider jurisdiction carefully
- Insurance: Consider professional liability insurance
- Business entity: LLC or corporation provides protection
Conclusion
A solid contract is your best protection as a freelancer. It prevents misunderstandings, ensures you get paid, and provides legal recourse if things go wrong. Never start work without one. Once you have a signed contract, create professional invoices with InvoiceKit to ensure smooth payment!
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