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Does the Freelancer Make the Contract?

Does the Freelancer Make the Contract?

It's no surprise that the freelance lifestyle has a special allure, attracting professionals from all walks of life. It's like venturing into the unknown with the promise of freedom, flexibility, and the thrill of carving out your own path. 

Before diving into this career trajectory, make sure to have a solid freelancing contract on hand, as this is integral to freelancing and provides a reliable safety net. It's considered the foundation of the professional relationships developed between freelancers and clients.

Why Create Your Own Contract?

Small businesses, startups, and sole proprietors often don’t have a formal contract or legal department. This presents an opportunity for you–if you bring a professionally drafted, easy-to-understand contract to the table, it allows you to set clear expectations for both sides of the relationship and avoid misunderstandings or miscommunications down the line.

It also makes sense to take the initiative and draft a designer contract if you have specific provisions you want to include, such as retaining rights to your work for your portfolio or future use. 

Freelancers in specialized fields, such as IT consulting, might require industry-specific contract terms. This could be terms specifying that certain software cannot be replicated or used by the client beyond the project’s scope due to licensing restrictions. IT consultants can also include data privacy and security clauses detailing how sensitive data should be handled, stored, and protected.

Tips for Creating a Contract  

Having your own contract allows you to set the terms that you're comfortable with and include other items that should be in a freelance contract, such as payment schedules, deadlines, scope of work, and termination conditions. 

Here are a few tips to consider when drafting a contract:

Set Payment Terms 

It's crucial to outline how and when you'll be compensated for your work. By setting your own terms, you can decide whether you prefer a lump sum payment upon completion of the project, staged payments at various milestones, or perhaps an upfront deposit to secure your services. This ensures that your cash flow aligns with your financial needs and can prevent disputes over late or incomplete payments.

Define the Scope

Defining the scope to set clear expectations can prevent clients from adding new tasks not agreed upon initially (a common situation called scope creep). This ensures that you're adequately compensated for all the work you do.

Include a Termination Clause

No one enters a contract expecting things to go awry, but being prepared is prudent. Can a freelancer end a contract? Absolutely! You should establish termination conditions so that you can provide a clear exit strategy for either party if the relationship doesn’t work out. This might include a notice period, termination fees, or terms for the ownership of work completed up until termination.

Consider Pre-Prepared Legal Contracts and Templates

Unless you have a background in law, you might not be fully aware of the legal implications of the terms in your contract. The Contract Shop can be a cost-effective solution. Our digital products are prepared legal contracts and templates expertly crafted by legal professionals–you don’t need to hire a lawyer, saving considerable time and money.

They're also designed to be customizable to your specific needs and circumstances, ensuring you get a contract tailored to your particular project or client without the hefty legal fees that often come with personalized legal advice.

Avoid One-Sided Terms

While protecting your interests is important, the contract should be fair to both parties. If an agreement is too one-sided in favor of the freelancer, the client might hesitate signing or become suspicious or distrustful. A balanced contract will likely foster a positive and long-lasting working relationship. 

Don’t Overlook Jurisdictional Issues

The jurisdiction and governing law are critical elements of any contract, especially when working with clients in different states or countries. ‘Jurisdiction’ refers to the courts in a geographical area that will have the authority to make judgments about the contract if there is a dispute, while governing law refers to the legal rules of that jurisdiction that will be used to interpret the contract.

Different jurisdictions may have different laws regarding contracts, intellectual property, privacy, and other areas that are relevant to your work. For example, the European Union's GDPR data protection regulations can have significant implications for freelancers working with European clients, even if the freelancer is based in a non-European country. 

If a dispute arises and legal action becomes necessary, the enforcement of the judgment will be easier if the jurisdiction is clearly defined.

Don’t Ignore Intellectual Property Rights

The importance of clearly defining intellectual property (IP) rights within a contract cannot be overstated, particularly for freelancers whose work involves the creation of unique or innovative outputs, such as designs, written content, software, artwork, etc. 

Your contract should clearly state who owns the IP for the work produced. Some freelancers might opt for a licensing agreement, where the client is granted the right to use the work in specific ways, but the freelancer retains overall ownership.

Nail Down Your Contracts

The Contract Shop® can help you create a contract best suited for your particular business. Our suite of lawyer-drafted digital products is designed to safeguard your business without the need for large legal fees. Visit our website to find the ideal contract that suits your needs!

Kevin Gallagher
Kevin Gallagher

Kevin Gallagher is the CEO of The Contract Shop®, a contract template store for creative entrepreneurs, freelancers, coaches, and more. His background is in helping online businesses grow, having previously worked at Allbirds managing part of their operations. He is proud to report that his digital artist wife Mandy is a happy customer of The Contract Shop®, and his main motivation is to help as many people like her as possible with the tools that they need to confidently manage their businesses.

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