The fact that you’re reading this means you’re a freelancer who is likely sick of ending up with contracts that are unfair, confusing, or downright exploitative. While many of us wish we could just change our profession to freelance contract editor and start making money off all of these bad deals, it’s also true that most clients don’t want to exploit you.
They just don’t understand how freelance contracts work, so they make a lot of mistakes when trying to put one together.
That’s where we come in! We’ve gone over dozens and dozens of freelance contracts for our blog posts and videos (for more posts like this one, check out [this resource](https://www.freelancinghacks.com/2017/11/09/how-to-write-a-client-proposal/)), and have narrowed down the exact 17 words that will always make or break your contract terms.
| Takeaways |
|---|
| 1. Clarity is Key: Ensure your contract is explicit and leaves no room for misunderstandings. |
| 2. Define Deliverables: Clearly outline the scope of work and what you’ll provide to the client. |
| 3. Payment Terms: Specify payment details, including amounts, due dates, and accepted methods. |
| 4. Rights and Ownership: Address intellectual property rights to avoid future conflicts. |
| 5. Set Boundaries: Include clauses for revisions, communication, and project timeline. |
| 6. Confidentiality Matters: Add confidentiality clauses to protect sensitive information. |
| 7. Termination Clause: Outline conditions under which either party can terminate the contract. |
| 8. Indemnification: Address liabilities and responsibilities in case of legal disputes. |
| 9. Seek Legal Advice: When in doubt, consult with a lawyer to ensure a solid contract. |
1. The “Definition” Section
In the definition section, you should lay out what you’re going to do and how long it’ll take. The scope of work should be specific, but not too specific. This is because if the client asks for something outside of your original scope at some point, they can always say that it was not in your original agreement (which can lead to a lot of frustration).
You also want to include deliverables in this section. Deliverables are any documents that need to be created as part of completing the job, for example, an outline or manuscript draft. The more detailed these things are written down beforehand and agreed upon by both parties, the less likely there will be any confusion later on about what needs to do when and by whom.
If you dream of becoming a successful freelance writer, don’t miss our comprehensive guide on how to build a six-figure freelance career. Discover valuable tips and strategies to take your writing business to new heights.
2. The “Invoices And Fees” Section
The second section of your contract should detail how you will be paid, and when. This is an important consideration for both parties: a freelancer needs to be able to invoice for both work completed and work completed in advance, while the client wants to know that they can get paid even if the project takes longer than expected.
The first part of this section should describe what it means for a writer or designer to invoice for payment.
For example: “The freelancer agrees that once he/she has been given final approval of all written materials provided by Client (and no later than 30 days after receiving said approval) then he/she shall issue an invoice via email outlining fees associated with his/her services rendered during this engagement (including any expenses incurred).”
The second part should make clear how much time must pass before invoices can be sent out: “The last day before submitting any invoices shall be 30 days after completion of all work requirements specified in Section 4b above.”
Finally, include language that allows either party to ask the other one about their progress regularly: “At least once every 15 days throughout the term of this Agreement, each party shall communicate directly with one another regarding progress made on its tasks related hereto.”
3. The “Work For Hire” Section
A “work for hire” is a type of copyright ownership that has been widely used since the early 1900s. In simple terms, it’s when one party owns all rights to a specific piece of work including its content and any subsequent derivatives.
In other words, if the client commissions you to write an article on their behalf, they own the article and can use it as they wish even if you’re listed as the author of that particular piece.
The distinction between “work for hire” and other types of freelance writing arrangements can be confusing for some writers because their rights are impacted differently depending on how a project is structured.
Work made for hire (also known as specially ordered or specially created work) occurs when an employee creates something in the course of his or her job duties; this type of employment agreement usually includes provisions stating who owns what portion.
Whether only certain elements belong solely under owner A’s purview (for example anything related solely to writing) or if everything falls under owner A’s jurisdiction (for example both writing & editing).
As a freelance writer or blogger, health insurance is essential for peace of mind. Learn about the crucial aspects of insurance coverage in our article on what every freelance writer and blogger needs to know about health insurance. Ensure you’re adequately protected on your freelancing journey.
4. The “Kill Fee” Section
A kill fee is a fee paid to you if the client cancels the contract. You should get a kill fee if the client cancels the contract after you have started work; however, it’s not as simple as that. The duration of your freelance writing contract will determine whether or not you are eligible for a kill fee at all and how much money it should be worth.
If a client terminates your freelance writing contract before you start working on any articles or blog posts, they must give written notice of termination seven days in advance (or one calendar week).
If they terminate after this period has elapsed, no payment is required and neither party is responsible for any losses incurred by either party during this period. This applies both when starting new projects with clients as well as ending existing ones it protects both parties from unreasonable behavior by either party that might lead to disputes over whether one side fulfilled their end of the bargain satisfactorily enough before terminating their arrangement with another individual or company involved in creating products together!
The amount owed by each party depends upon how much notice was given before canceling contracts.
For example, if someone tells us beforehand about plans change then there may be no financial penalty whatsoever but if notification arrives late without any warning beforehand then we could get penalized heavily here depending on circumstances surrounding the situation.”
5. The “Termination” Section
If a project is not completed, your client has the right to cancel it. You will be paid for work done up to the cancellation date, but nothing else.
The contract should also specify what happens if you do not deliver the project on time. If you miss an agreed-upon deadline, how much time can they give you? How much more will they pay?
In some cases, if your client doesn’t like what they see after giving you more time (or if they don’t like what they see at all), then this could result in termination of employment and payment for any work already completed.
Also consider whether or not there are any penalties built into the contract for late delivery of materials or documents related to that project for example: “If we do not receive all documents required by us within 20 days of their due dates…”
Your Upwork portfolio is your virtual business card. To maximize your chances of landing top freelance writing jobs, follow our expert advice on how to craft an Upwork portfolio that gets you the job you want. Make a lasting impression on potential clients with a well-optimized portfolio.
6. The “Copyright And Credit” Section
The “Copyright and Credit” section clarifies who owns the copyright to the work, and who will be credited for it. It also specifies what you should do if you get paid first before your client pays you.
In this section, make sure to include:
Who owns the copyright of your work? This is a question that every freelancer needs to be answered before they start writing or designing something new.
Unless otherwise specified in an agreement, whoever pays for your services owns everything that comes out of those services including any ideas, concepts, and words used in completing the project.
That’s why you must specify who gets to own which parts of your work here; otherwise, if there isn’t anything put down on paper, then chances are good that someone else might try claiming ownership over something they didn’t pay for.
7. The “Addendum” Section
If a client wants to make any changes to the contract, they can add them to the “addendum” section of the document. This is a great way to get an idea of what you’re getting into with this person it shows that he or she is willing and able to work out details like these.
However, clients need to remember that changes should be marked as such. You don’t want a client claiming later on that he never agreed with something because he didn’t notice it was there at all!
For your freelance writing contracts to be legally binding, both parties must agree upon all terms within them; therefore, adding an addendum could potentially cause problems if something gets overlooked or misunderstood somewhere along the way during negotiation (and when there are multiple parties involved in negotiations).
It’s important that both parties review each other’s proposed additions before signing off on them together at the end of their negotiations so no one feels cheated later on down the line when things go wrong…or even worse yet: right now!
8. The “Independent Contractor Relationship,” Or Ic Status, Section
The “independent contractor relationship,” or IC status section of your contract should be clear and concise. The purpose of this section is to clearly state that you are an independent contractor and not an employee.
This means that you’re hired by the hour rather than on a salary, don’t have benefits or paid time off, don’t receive benefits from the company (like health insurance), and aren’t eligible for things like vacation days, and sick leave or retirement benefits.
You’ll often see companies include statements about how they can’t give you any promises about work hours since it’s up to clients whether or not they want their projects done at specific times. However, if your client wants something done by a certain date say 6 p.m. you still have to deliver the completed project before then!
9. The “Timeliness Of Payment” Section
This section is important for both you and the client. Before you hand over a draft, ask what their timeline for payment is. For example, if they want to pay at the end of each week and then have a final invoice, be sure to make note of that in your contract so there’s no confusion later on.
Most freelancers will have a standard procedure for invoicing their clients: create an invoice, collect payment from the client within 7 days (or whatever), and mark it as paid on QuickBooks (or whatever accounting software they use). The more specific you can get in this section of the contract, the better!
Having The Right Wording In Your Freelance Writing Contract Can Mean The Difference Between Getting Paid And Not Getting Paid
The right wording in your freelance writing contract can mean the difference between getting paid and not getting paid. Our freelance writing contracts are designed to protect you as a freelancer, as well as your client, whether they’re an individual or a company.
The first step is to make sure that you have all of the 17 words and phrases included in your freelance writing contract. We’ll go into more detail about each word below, but here’s an overview:
Even if you lack experience, becoming a full-time freelance writer is within your reach. Embrace your journey by checking out our inspiring story on how to become a full-time freelance writer even if you have zero experience. Believe in yourself, and let your passion for writing pave the way to success.
Copyright Assignment
This gives you full ownership of what you write for the client once it’s complete. It also prevents them from publishing any part of it without giving credit where it is due (referred to as “attribution”).
Assignment Fee
This clause allows for payment when a project has been completed even if payment hasn’t yet been made by the client (known as “retainers”).
Curious about the incredible potential of freelance writing? Dive into our captivating account of the true story behind our biggest freelance writing paycheck. Discover the possibilities that await you in the freelancing world and get inspired to chase your writing aspirations.
Conclusion
We hope this post has been an eye-opener for you and has helped you identify some areas where you might want to put more thought into your freelance contract.
You don’t have to agree with every point on this list every client is different, and every freelancer is different but we’re confident that it will at least get you thinking about the right questions to ask yourself before signing a contract.
While it may seem onerous at first glance, clarifying your terms upfront can save a world of headaches down the line. It’s better for everyone involved if expectations are made clear from the start!
Further Reading
A Comprehensive Guide to Writing a Freelance Contract: Learn the essential components of a freelance contract and how to protect your interests as a freelancer.
5 Must-Have Clauses for Any Freelancer Contract: Discover five crucial contract clauses every freelancer should include to ensure a smooth working relationship with clients.
Crafting an Effective Freelance Writer Contract: Get insights into creating a solid contract specifically tailored for freelance writers and safeguarding your rights as a professional.
Frequently Asked Questions
What Is The Difference Between A Contract And A Letter Of Agreement?
A contract is legally binding and should be used when you are working with a client who can hire you for multiple projects or on an ongoing basis. A letter of agreement is not legally binding, but it does serve as an official record of communication between you and your client.
If a dispute arises, it can be helpful to have these letters in writing so that both parties can refer back to them during the dispute resolution process.
How Do I Know If My Client Needs Me To Sign A Contract?
If they’re asking you to sign a contract before the job starts, then they probably want it signed before they pay you.
This means that they are taking some level of risk by hiring you without having seen any samples from your portfolio or knowing what kind of work you’ve done in the past. It could also mean that they’re just extra cautious about protecting themselves from fraud or theft.
Whatever their reasoning may be, make sure that you clearly outline what will happen if there’s no written agreement between the two parties if one person decides not
What Is A Freelance Writing Contract?
A contract is an agreement between two parties. It can be legally binding and enforceable in a court of law. A freelance writing contract is an agreement between a client and a freelancer for services to be rendered.
It specifies the rights, duties, and responsibilities of both parties, their payment terms, payment schedules, and any other important details of the agreement.
Why Do I Need One?
A good contract will protect you from unexpected problems down the road. It ensures that both parties understand what they’re agreeing to while outlining what happens if there’s a disagreement over how it’s been implemented or if something goes wrong during the process.
A good contract also protects your client by making sure that they know exactly what they’re paying for when hiring you. It also provides them with peace of mind knowing their money is well spent because they know exactly what services they’ll be receiving in return for their investment.
How Much Will I Be Paid?
This is the most important question. Freelancers are paid on a per-word basis, so it’s essential to know how much you’ll be paid before you agree to work on the project. Most contracts include an estimated word count, but if one isn’t provided, ask your editor or client for one before agreeing to take the job.
What Type Of Writing Am I Expect To Do?
If you’re not sure what kind of writing project you’ve been hired for, don’t sign anything until you do! It’s possible that what you thought was a blog post could be a press release or an ad copy, which requires different skills and results in different compensation rates. Ask for clarification before taking on a project or agreeing to the terms of one.
Which Deadlines Apply?
It’s important for both parties involved in a freelance writing contract to understand what deadlines exist and how they’re measured: Is there an initial deadline for payment? What happens if that date passes without payment?
What happens if there’s no final due date specified in our contract? If these questions haven’t been answered by either party, clarify them before signing any paperwork or working on anything else
Why Is It Important To Have A Contract?
Because you’re a freelance writer, and your time is precious. If you don’t have a contract, your client can ask you to do anything even things that are outside the scope of your contract and if you refuse, they can just fire you and hire someone else.
With a contract in place, both parties know what they’re getting into from the start and what the other party’s responsibilities are. You’ll also be able to get paid faster and more reliably.
Costantine Edward is a digital marketing expert, freelance writer, and entrepreneur who helps people attain financial freedom. I’ve been working in marketing since I was 18 years old and have managed to build a successful career doing what I love.