A Freelance Agreement is not the same as an Employment Agreement; in fact, freelance relationships are often structured as independent contractor relationships rather than employment relationships. Employees and independent contractors are treated differently under state and federal law for purposes of fair labor laws, workers’ compensation, and benefits, among other things. They’re also treated differently when it comes to taxes.
10+ Freelance Service Agreement Samples
A Freelance Agreement is a contract between two parties: a client (the person who hires the freelancer) and the freelancer themselves (the party providing the services). A freelancer agrees to provide certain freelance services in exchange for a fee in a Freelance Agreement. From article writing to consulting, freelance services can cover a wide range of tasks. This contract allows the parties to include a detailed description of the freelance services that are required. The freelancer and client outline their expectations for behavior in these agreements, as well as the parameters of their relationship, such as applicable late fees, dispute resolution, and termination.
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Elements and Clauses
- Work and timeframe – To begin, you want the contract to spell out exactly what is expected of you and when it is expected. This is to ensure that your client does not unexpectedly request more work and refuse to pay for it because the contract contains some ambiguous language. Make your description as specific as possible. “Run the company’s social media accounts for three months” is a phrase that can be interpreted in a variety of ways. Make sure you’re writing down set hours and days with something like that. You can also specify how much back-and-forth you’re willing to do on a project-by-project basis.
- Requirements for the project – This is to ensure that your client is providing you with all of the resources you’ll need to complete the project successfully. This might entail using the company’s facilities or specialized equipment. If you include this in your contract, the client won’t be able to blame you if they don’t follow through on their end of the bargain. It will also deter your client from attempting to shift any additional costs to you that they should bear.
- Are you a freelancer or an employee? – It’s a good idea to spell out your client’s relationship. Make sure you’re listed as an independent contractor rather than a client’s employee.
- How much you’re getting paid – This could be an hourly or daily rate, or a total project cost, depending on the nature of the project. Decide which option is best for you and go with it. It’s also worth noting that any stumbling blocks from your client can drive up costs.
- Payment terms – Late payments are the bane of every freelancer’s existence, so it’s critical to spell out your payment terms in your contract. The most common practice is to be paid after a job is completed and an invoice is submitted. Your payment terms and schedule should be specified. Include information on late payment penalties as well. While the law protects you in this situation, it’s always a good idea to set clear terms to encourage prompt payment from your client.
- Intellectual property ownership – This is critical to include so that your client does not steal your work. Make sure you include a clause stating that you own any work you produce until you are paid. This means you have the legal right to sue your client if they continue to use your work without paying you.
- Rights for usage and resale – Clients will most likely expect to own any work you produce for them, which is understandable, but you may need a special licensing arrangement in some cases. It’s important to remember that you should seek legal advice if you want to include specific and complex clauses. You don’t want to believe you’re adequately protected only to have your client’s lawyer pick apart your contract.
What is a letter of agreement for freelancers?
A freelancer and a company or business sign a letter of agreement, which is a contract between the two parties. The contract lays out all of the terms and conditions of the freelancer’s and company’s work, ensuring better understanding and engagement.
What are the documents required to prepare a freelancer agreement?
- Proof of the parties involved in the agreement’s address
- Proof of the business’s or company’s identity, as well as the freelancer’s.
- Documents that confirm the identities of the parties or organizations involved.
If you want to see more samples and formats, check out some freelance service agreement samples and templates provided in the article for your reference.
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