Legal

Freelance Contracts 101: Protect Your Business

Scribe
ScribeHead of Content
May 25, 2024 10 min read

"We trust each other. We don't need a contract."

These are the famous last words of a freelancer about to lose money. It starts well—the client is nice, the project is cool. But then the scope expands. "Can we just add this one feature?" Then the payment is late. Then they want the source files you didn't agree to provide.

Without a contract, you have no leverage. A contract isn't about mistrust; it's about clarity. It ensures both parties know exactly what is being traded: Money for Services.

In this guide, we'll strip away the legalese and cover the 5 essential components every freelance contract needs to include.

Legal Agreement

Clarity avoids conflict. Put it in writing.

Why It Matters

Contracts serve two purposes:

  1. Protection: If things go wrong, you have a legal document to rely on.
  2. Professionalism: Sending a contract signals that you run a real business. It filters out clients who intend to take advantage of you.

Once your contract is signed, you can move confidently into the Onboarding Process knowing you're covered.

1. The Scope of Work (SOW)

This is the most critical section. It defines exactly what you are doing.

Bad: "Build a website."

Good: "Design and develop a 5-page marketing website using WordPress. Pages included: Home, About, Services, Contact, Blog. Includes 2 rounds of design revisions."

Be specific about what is NOT included. "Does not include logo design or copywriting." This prevents the dreaded scope creep we discuss in our Client Management Guide.

2. Payment Terms

How much? When? How?

  • Total Fee: $5,000 fixed price.
  • Schedule: 50% deposit to start, 50% upon completion.
  • Late Fees: "Invoices unpaid after 30 days incur a 5% late fee."
  • Kill Fee: "If the project is cancelled by the client, the deposit is non-refundable."

3. Intellectual Property (IP) Rights

Who owns the work? Usually, the freelancer retains ownership until full payment is received. Once paid, ownership transfers to the client.

For designers, you might want to retain the rights to display the work in your portfolio. Make sure this is stated.

4. Revisions and Timelines

Clients will iterate forever if you let them. Cap your revisions.

"This agreement includes two (2) rounds of revisions. Additional revisions will be billed at $150/hour."

Also, define the timeline. "Freelancer will deliver the first draft within 10 days of receiving all assets." This holds you accountable too.

5. Termination

Sometimes, it just doesn't work out. You need a trapdoor.

"Either party may terminate this agreement with written notice. In the event of termination, Client shall pay Freelancer for all work completed up to the date of termination."

Handshake over contract

A good contract enables a great partnership.

Tools to Use

You don't need a lawyer for every project (though it helps to have one review your template). Tools like HelloSign, Docusign, or Pandadoc are great.

However, managing contracts separately from your invoices and projects creates friction. Managable integrates e-signing directly into your client portal, so the contract acts as the "gate" for the project to begin.

Next Steps

Don't be afraid to send a contract. If a client refuses to sign one, that is a massive red flag. Walk away.

Ready to get started? Check out our Ultimate Onboarding Checklist to see what to do after the ink is dry.

#contracts#legal#freelance-tips#payments
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