How to Write a Freelance Contract That Actually Protects You
A freelance contract is your only protection against scope creep, late payment, and cancelled projects. Here is what every clause must say.
Most freelancers either skip contracts entirely or use templates they found online without understanding what the clauses actually mean. Both approaches leave you exposed. A missing scope definition leads to scope creep. A missing IP clause means you may not own your own work. A missing termination clause means a client can cancel with zero compensation after months of work.
A good freelance contract does not need to be long. It needs to be precise on six key areas.
1. Scope of Work
This is the most important section and the most commonly written too vaguely. Do not write "website redesign". Write exactly what is included:
- Number of pages or screens
- Specific deliverable formats (e.g. Figma file, production-ready HTML, compiled PDF)
- What is explicitly NOT included (e.g. copywriting, photography, third-party integrations)
- Reference documents such as a brief or wireframes by filename and date
The more specific the scope, the easier it is to identify when a client is requesting something outside it — and to bill accordingly.
2. Payment Schedule
Never start work without a deposit. Standard structures:
- 50% upfront, 50% on delivery — best for projects under 4 weeks
- 33% / 33% / 34% at milestones — best for longer projects with defined phases
- Monthly retainer — billed on the 1st of each month in advance for ongoing work
State the exact due date of each payment, not "Net 30" alone. Include a late payment clause: 1.5% per month on overdue balances is standard.
3. Revision Policy
Define revisions clearly. A revision is a change to existing work. A new requirement is a change to the agreed scope — and should be billed separately. Include:
- Number of included revision rounds (2 is standard)
- How revisions must be submitted (consolidated in a single document, not piecemeal)
- Your hourly rate for additional revisions beyond the included rounds
4. Intellectual Property
By default, you own what you create. IP transfers to the client only when your contract says so and only upon full payment. Write it explicitly:
"All intellectual property rights in the deliverables transfer to the Client upon receipt of full final payment. Until that time, all rights remain with the Contractor."
5. Kill Fee / Cancellation
If a client cancels a project after work has begun, you are owed compensation. A standard kill fee schedule:
- Cancelled before work begins: deposit is forfeited
- Cancelled after work begins but before 50% completion: 50% of total project fee
- Cancelled after 50% completion: 75–100% of total project fee
6. Governing Law and Dispute Resolution
State which country and jurisdiction's law governs the contract. For international clients, specify that disputes will be resolved in your jurisdiction — not theirs. This matters significantly if you ever need to pursue payment through legal channels.
Frequently Asked Questions
Does a freelance contract need to be notarised?
No. In most jurisdictions, a written contract signed by both parties (including via email confirmation or electronic signature) is legally binding. Notarisation is typically only required for real estate transactions and official legal documents.
Can I use the same contract for every client?
You can use a base template, but customise the Scope of Work, payment schedule, and delivery dates for each project. Using the exact same contract without modification increases the risk of a scope mismatch.
What is a kill fee?
A kill fee is a partial payment owed to you if a client cancels a project after work has begun. Typically 25–50% of the agreed project price. It compensates you for time invested and the opportunity cost of turning down other work.
Who owns the work I produce as a freelancer?
By default in most countries, the creator (you) owns the intellectual property unless the contract explicitly transfers ownership to the client. Always include an IP transfer clause that specifies ownership transfers only upon receipt of final payment.
How many revisions should I include?
Two rounds of revisions is the industry standard for most creative and design work. Clearly define what constitutes a "revision" vs. a "new requirement" in your contract. Unlimited revisions without a cap will reliably be exploited.
Free tool
Freelancer Invoice Generator
Once the contract is signed, generate a professional PDF invoice in under two minutes. No account, no watermark, no cost.
Open Invoice Generator