How to Write a Freelance Contract That Gets You Paid

A freelance contract doesn’t have to be long to work. It has to answer the questions that cause disputes: What exactly are you doing? When do you get paid? What happens if things change? Here’s how to write one, clause by clause.

1. Scope of work

Be specific. “Website design” invites endless revisions; “a five-page responsive WordPress website (Home, About, Services, Blog, Contact) with two rounds of revisions on the design mock-up” doesn’t.

Include:

• Deliverables: what you’ll hand over and in which format.
• Revisions: how many rounds are included.
• Exclusions: what isn’t included (copywriting, photography, hosting).
• Client inputs: content, approvals and access you need, and by when.

Add a change-request clause: anything outside the scope must be agreed and priced in writing before you start. An email reply counts.

2. Fees and payment terms

State the price model clearly:

• Fixed price: the total, and the payment schedule (for example 50% upfront, 50% on completion).
• Hourly: your rate, how time is tracked and how often you invoice.
• Retainer: the monthly amount and what it covers.

Set payment terms (14 days is common), accepted methods, and whether you’ll charge late interest. In the US, a typical clause is 1.5% per month or the maximum allowed by law, whichever is lower.

3. Deposits

For fixed-price work, a deposit of 25–50% filters out clients who aren’t serious and protects you if a project is cancelled. Make it non-refundable once work begins, and say so.

4. Intellectual property

Decide who owns the result:

• Ownership on full payment (most common): you assign rights to the client once they’ve paid everything. Until then, they have a limited licence to review it. This is a strong incentive to pay.
• Licence: you keep ownership and the client gets a licence to use the work — common for photography, stock-like assets and code libraries.

Keep ownership of your pre-existing materials (templates, code snippets, tools) and give the client a licence to use them as part of the deliverables. Add a portfolio clause if you want to show the work.

5. Termination

Let either side end the contract with written notice (7–30 days), and immediately for a serious breach that isn’t fixed. Most importantly, state that the client pays for work done up to termination.

6. Independent contractor status

Say that you’re an independent contractor responsible for your own taxes, equipment and insurance, and that you control how the work is done. Remember that tax authorities look at the real relationship, not just the label.

7. Liability

Cap your liability at the fees paid under the contract and exclude indirect losses (like lost profits). Without a cap, a small project could expose you to a large claim.

Plus the essentials

• Confidentiality of each other’s business information
• Governing law — which state’s law applies
• Entire agreement and changes only in writing
• Electronic signatures are valid

Make it in five minutes

Our free freelance contract generator includes all of these clauses with plain-English notes, and lets you choose fixed, hourly or retainer pricing, deposits, ownership terms and a liability cap. Download it as a PDF or Word file, then sign it with our free Sign PDF tool.