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5 Essential Contract Clauses Every Freelancer Should Include

Sarah Johnson

Sarah Johnson

November 15, 2023 · 6 min read

Protect your freelance business with these critical contract clauses that every independent professional should include in their agreements.

A vague scope of work is an invitation for clients to request endless revisions and additional work without additional compensation.

5 Essential Contract Clauses Every Freelancer Should Include

As a freelancer, your contract is your first line of defense against scope creep, payment issues, and legal disputes. A well-crafted contract not only protects you but also sets clear expectations for your clients.

1. Detailed Scope of Work

The scope of work clause defines exactly what you will and won't do for the client. This is your protection against scope creep.

A vague scope of work is an invitation for clients to request endless revisions and additional work without additional compensation.

Your scope of work should include:

  • Specific deliverables with clear descriptions
  • Number of revisions included
  • Timeline for each phase of the project
  • What constitutes work outside the scope (and how it will be billed)
  • 2. Payment Terms

    Clear payment terms are essential for maintaining your cash flow and ensuring you get paid for your work.

    Your payment clause should specify:

  • Your rate (hourly, project-based, retainer, etc.)
  • Payment schedule (upfront deposit, milestone payments, etc.)
  • Accepted payment methods
  • Late payment penalties
  • Currency, if working with international clients
  • 3. Intellectual Property Rights

    This clause determines who owns the work you create and when that ownership transfers.

    For most freelancers, it's standard that:

  • You retain ownership of the work until final payment is received
  • After payment, copyright or usage rights transfer to the client
  • You maintain the right to display the work in your portfolio
  • 4. Termination Clause

    A termination clause protects both parties if the project needs to end early.

    Your termination clause should include:

  • Notice period required (typically 14-30 days)
  • Kill fee for early termination
  • Ownership of work completed up to termination
  • Final invoice calculation method
  • 5. Limitation of Liability

    This clause limits your legal and financial exposure if something goes wrong.

    A good limitation of liability clause will:

  • Cap your liability at the amount paid for your services
  • Exclude indirect damages
  • Include a warranty disclaimer
  • Conclusion

    While these five clauses form the foundation of a solid freelance contract, remember that your specific situation may require additional protections. Consider consulting with a legal professional to ensure your contract fully protects your business.

    Remember: A good contract doesn't just protect you—it also creates clarity for your clients, leading to smoother projects and better working relationships.

    Sarah Johnson

    About Sarah Johnson

    Sarah Johnson is a content writer at SiraDocs specializing in legal documentation and business practices for freelancers and small businesses.

    Topics

    LegalFreelancingContracts

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