Freelance work can feel stressful. Besides handling your own projects and money, you also need to be ready for situations where things don’t go as planned. Many freelancers start working without protecting themselves first. Whether you’re a software engineer, graphic designer, app developer, consultant, copywriter, storyboard artist, or anything similar, one of the most important things to have from the start is a solid contract.
Freelance work often comes down to delivering projects and managing expectations. Your expectations should be clearly written into a contract so you can start working faster, avoid uncomfortable conversations later, and protect your relationship with the client and your reputation. For example, if you find out a client likes to call you at 9 p.m. or doesn’t plan to pay on time, it helps if your contract already covers things like work hours and payment deadlines. This way, you can point to the agreement instead of arguing about it.
Giving your client a fair and open contract can actually help you gain their trust. It’s not impolite to ask them to sign before you begin working; rather, it demonstrates your respect for their time and your desire to maintain professionalism. Additionally, a contract will guarantee that you both know what needs to be done, how it will be done, and what each of you can anticipate.
If you’re starting to think about what should go into your contract, or if your client has given you a contract and you’re unsure about signing it, the Washington DC contract attorneys at Carson Legal Strategies can help.
Contract issues we commonly see and help clients understand include:
Intellectual Property Rights
This is one of the most important parts of a freelance contract. “IP” can mean many things: your creative work, your branding, your software code, and any private business information that gives you an advantage, like formulas, processes, or designs. Basically, it includes anything you create for the project.
Think about the work over which you wish to retain ownership. What parts of your work will you need to reuse in future projects? When and how will the client take ownership of the final work? What happens if the client still owes you money? What if the project stops before it’s done? Do you want any rules about how the client can use your work later on?
Advice: By default, the client who hires you owns the copyright in certain types of work, like photos, drawings, plans, software, or videos. If you want to keep your copyright instead, you need to clearly state that in your contract.
Timeline and Scope of Work
Before the project begins, you should be given a specific description of the work, one that contains a thorough outline of your deliverables as well as any significant benchmarks or due dates. Putting these details in writing helps avoid “scope creep” and issues where you and the client have different expectations.
Terms of Payment
How and when you will be paid, including any deposit, milestone payments, and the final payment, should be made clear in your contract. It should also outline the consequences for late payments from the client. The contract should specify what happens if the client doesn’t pay because you need consistent payment to continue working. Additionally, consider how you will be compensated if the project is terminated early.
Advice: Keep in mind that putting payment terms, like late fees or debt recovery costs, only on your invoices is not enough. These rules need to be written in your contract from the start.
Edits
Any freelancer worth their salt knows that projects rarely go exactly as planned. Setting up a clear process for revisions and changes ahead of time will help you avoid awkward conversations later. Think about how many revisions are included, how the client should request changes, how you will approve those changes, and what extra fees will apply if the client wants more revisions or a bigger change in the scope of work.
Liability and Warranties
Of course, you have your own standards for the quality of your work. Think about what promises you are willing to make to the client about how the project will perform. You want to provide good work, but you also don’t want to be responsible for fixing things forever. Setting limits on your liability helps protect you from endless legal or financial responsibility.
Contact Details
It’s crucial to specify exactly how and when you and the client can get in touch. Because freelancers frequently manage multiple projects at once and may be perceived as always available, make sure to include your working hours. Make sure your contract includes provisions protecting your schedule and work-life balance.
Advice: If you only work Monday through Thursday, write that into the contract as your “business days.” This protects you when a client wonders why you aren’t answering on your days off.
Confidentiality
A confidentiality clause matters because it protects both you and the client. As a freelancer, you will need to know exactly what confidential information you will receive, what your responsibility is to keep it secret, and how long you must keep it private. You should also think about any sensitive information you give the client and make sure the contract protects that as well.
Talk to a Washington, D.C. Contract Attorney Today
A contract should fit you and clearly show what you expect from yourself and your client. Adjusting the contract to match your industry makes sure the important issues are covered and that the agreement can be enforced.
If you want help understanding how to protect yourself and your work, the Washington D.C. contract attorneys at Carson Legal Strategies are here to talk. To schedule a confidential consultation, call (301) 818-9559 or fill out our online contact form.
