A free freelance contract template is available to download at the bottom of this blog post. Using this simple contract template, you protect your business from losses or reduce them.

Before you copy-paste or download the contract, it’s worth reading my comments below. They will help you to learn which of the contract clauses are important and why you should always use them.

A freelance contract template with a lawyer’s comments

FREELANCE CONTRACT 

This Freelance Contract is made on [date] by and between:

[name, surname], passport number is [__], issued in [___], issued on [___], valid until [___], (hereinafter the “Freelancer”),
and
[company name], registration number is [__], the registered office address is [___], represented by [name, surname], acting in accordance with [the Articles of Association of the company / power of attorney / etc.], (hereinafter the “Customer”),

both parties hereinafter collectively referred to as the “Parties” and individually as the “Party”, have concluded this Freelance Contract (hereinafter the “Contract”):

Comments:
– The title of the contract is not very important. Such a contract may also be called a Freelance Agreement, Service Agreement, Service Provision Agreement, Contract and so forth. The legal power and enforceability of the contract are not affected by its title/name.
– It is important to add the date on which the contract is signed. As a rule, as of this date, the contract is valid and applicable to its parties.
– Specific data identifying the parties are of the most importance. Especially for digital nomads and other globally operating individuals. In the world, there are many people with the same names and surnames. The same with corporations. Companies registered in different jurisdictions can have identical names. So, codes, registration numbers, etc. may allow you, the court, etc. to identify specific parties to the contract.

1. Subject Matter

1.1. The Freelancer hereby undertakes to provide the services under the conditions and procedure set forth herein, and the Customer hereby undertakes to accept the provided services and to pay remuneration to the Freelancer for such services under the terms and conditions established herein.
1.2. The services shall be ordered by concluding written annexes to this Contract.

2. Freelancer’s Obligations

2.1. Freelancer shall provide the services, specified in the annex(s), (hereinafter the “Services”) and deliver the deliverables, specified in the annex, (hereinafter the “Deliverables”) to the Customer, in accordance with this Contract.
2.2. The Freelancer shall meet any milestones and other performance/delivery dates for the Services and Deliverables specified in the annex(s).
2.3. Freelancer shall:
2.3.1. comply with all reasonable instructions of the Customer.
2.3.2. perform the Services with the best care, skill and diligence in accordance with best practices in the Freelancer’s industry, profession or trade.
2.4. The Freelancer shall be entitled to engage any third party to provide goods and/or services for the performance of this Contract. All costs shall be charged to the Customer by the Freelancer at cost unless agreed otherwise.

3. Customer’s Obligations

3.1. The Customer hereby undertakes the following obligations:
3.1.1. to accept the Services properly—i.e. timely, completely and ensuring proper quality—provided by the Freelancer.
3.1.2. according to the procedure and deadlines set in the Contract, to pay the Freelancer for the properly provided Services.
3.1.3. to provide the Freelancer with all available information, material, and documents, which are necessary for the proper fulfilment of the Freelancer’s obligations under this Contract. If the Customer delays the provision of any required information to the Freelancer, the deadlines for the provision of the Services are extended in proportion to the delay (from the moment of request of the relevant information).

4. Service Quality

4.1. The Freelancer shall ensure that:
4.1.1. the Services and Deliverables conform with the Services specification provided in this Contract, including annexes.
4.1.2. the Services and the Deliverables conform with generally accepted industry codes, guidelines and recommendations, and are not misleading, defamatory, libellous, obscene or offensive.
4.2. The Freelancer shall use all reasonable care and skill to ensure that the Services meet objectives agreed with the Customer.

Comment:
– Quite a common practice to add provisions in contracts that a freelance must confront with all applicable laws. Be careful! If you are not a lawyer and don’t know local laws or laws regulating a specific area (e.g. public advertising, copyright, financial services, etc.), then do not undertake to comply with such laws.

5. Price and Payments

5.1. In consideration of the provision of the Services by the Freelancer, the Customer shall pay the remuneration (hereinafter the “Fees”) for the Services and the Deliverables and reimburse the Freelancer for the costs (hereinafter the “Costs”) that have been approved by the Customer in accordance with this Contract. All Fees and Costs shall be set out in the annex(s) hereto.
5.2. All sums payable under this Contract are (unless otherwise stated) exclusive of VAT but inclusive of all other taxes.
5.3. The Freelancer shall submit invoices for the Fees and Costs in accordance with this Contract and in any event not prior to the date of performance of the relevant Services and delivery of the relevant Deliverables.
5.4. The Customer shall pay each invoice issued by the Freelancer within the payment terms set out in the Contract. If the terms are not specified, within 10 days after receipt of the invoice. The invoices shall be sent via email.

Comments:
– It’s important to indicate in the contract all fees that you want to receive from the customer. All your costs, which are not included in the price for services, should be indicated in the contract as well.
– Don’t forget to indicate payment terms and conditions (i.e. when and where to transfer money).

6. Intelectual Property

6.1. In conjunction with Clause 6.2 hereof, the Freelancer warrants and undertakes to ensure that the supply and use of the Services and Deliverables do not and will not infringe any intellectual property rights of any third party.
6.2. The Customer confirms that he is aware of the fact that the Freelancer does not have a legal background, does not carry out any legal expertise and does not perform similar actions to verify the Services and the Deliverables against registered intellectual property (trademarks, design, etc.).
6.3. The Freelancer hereby assigns to the Customer all the intellectual property rights and all other rights to all results of the Services provided hereunder, including the Deliverables, for the indefinite period and without any limitations with respect to the territory (“worldwide licence”).
6.4. The Customer grants the Freelancer a non-exclusive, non-transferable licence, royalty-free for the term of this Contract to use, and permit its subcontractors to use the Customer’s intellectual property rights in the creation of the Deliverables and the performance of the Services in accordance with this Contract.

Comments:
– Usually, freelancers assign all rights without any limits. However, if your intention is to limit the territory, period of usage, etc., then you need to set out this in the contract.
– Draw your attention to Clause 6.2. You should never undertake to guarantee that your work will not infringe any third-party rights because only a qualified lawyer can perform the legal assessment and make such a conclusion.

7. Liability

7.1. The Parties hereby agree to properly fulfil their contractual obligations, to refrain from any actions which may damage the other Party, and to make every effort to protect the other Party from any unplanned costs (costs which were not discussed or agreed).
7.2. If a Party fails to fulfil or properly fulfil any of its obligations stipulated in this Contract, then such Party must compensate the other Party for the direct damages incurred by the other Party, except in cases listed in the applicable legislation.
7.3. The Freelancer’s total aggregate liability in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract or any collateral contract shall in all circumstances be limited to amount paid by the Customer hereunder in the six (6) months immediately preceding the event giving rise to such claim.
7.4. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall the Freelancer be liable to the Customer for indirect, special, incidental, or consequential damages of any character arising as a result of this Contract or out of the use or inability to use the Services and/or the results of the Services, even if the Customer has been advised of the possibility of such damages.

Comments:
– It is vital to limit your liability. Your remuneration can be as low as €100, but you can inflict damage on the customer amounting to millions of euros or US dollars.
– Limiting your liability is very important.

8. Confidentiality

8.1. The Parties hereby agree, during the term of the Contract and after its expiry, to protect and not to disclose to any third parties without the other Party’s written consent any information connected with the provisions of the Contract and/or its finalisation and implementation.
8.2. The Freelancer is entitled to disclose to third parties information related to this Contract for the performance of this Contract without informing and/or getting permission from the Customer.

9. Data Protection

9.1. Each Party shall comply at all times with all applicable data privacy legislation and shall not perform its obligations under this Contract in such a way as to cause the other Party to breach such legislation.

Comments:
– If you are providing services to the EU, or to an EU individual or company, then you have to comply with the GDPR.
– More on the GDPR you can find on gdpr.eu.

10. Miscellaneous

10.1. This Contract and all non-contractual obligations arising from or connected with this Contract will be governed by and construed in accordance with the [___] law. The Parties submit to the exclusive jurisdiction of the [___] court.
10.2. Any communication to be made under or in connection with the Contract shall be made in writing and, unless otherwise stated, shall be made by email and shall be made to the following address:
– To the Freelancer: [___ @ ___].
– To the Customer: [___ @ ___].
10.3. The Contract shall come into force as of the date of signature of this Contract.
10.4. The Contract is made in an electronic form and has a binding effect on the Parties.

Comments:
– It is important to set out according to which country law this contract is regulated and where disputes are solved. This clause is very important because in most cases the contract establishes only a fraction of the terms and conditions. The remaining them are laid down in legal acts.
– It is important to indicate the parties’ addresses, phone numbers, etc. in the contract. By providing any information, documents, etc. to the address set out in the contract, you will be considered that you properly executed the contract. In the event of a dispute, that can be important.

11. Signatures of the Parties

The Customer
Position: [___]
Name, Surname: [___]
Signature: [___]

The Freelancer
Name, Surname: [___]
Signature: [___]

Free freelance contract template to download

Once you learn all benefits of this simple and free freelance contract temple, you can download and use it.

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^{Images from Pixabay.}

Disclaimer: The information provided on this blog does not, and is not intended to, constitute legal advice. All information and materials that are available on this blog are for general informational purposes only.