Freelancers Union Contract Creator

Establishing clear expectations before beginning work with a client will help you avoid conflicts and get paid — and a contract is the best way to do that.


This tool will guide you through creating your own contract and allow you to edit it to fit each job.


Don't worry if you find a section that doesn't apply to your work. The final contract can be downloaded as a Word-compatible text document, which you can edit to your heart's content.



(This won't appear in the final contract.)

Your Address

Client Address

Attention:
Re: Services Agreement

Dear :

pleased that you have selected to assist you with:

Scope of Work

The scope of work is the most critical part of a contract and should be as precise as possible. Using clear language and defining terms will ensure you and your client are on the same page before the work starts and reduce the likelihood of conflicts and misunderstandings down the road. In this section, be sure to answer the following questions:

  • What work will be done? What are the specific tasks to be completed? What are the deliverables? If applicable, include specifications, such as format, quantity, size, color, material to be used, etc. Be as specific as possible.
  • When will it be done? What is the timeline for the project? State when work will begin, and if there are specific milestones or deadlines over the course of the project. When and under what conditions will the final work be delivered?
  • Who will do what? State what your responsibilities are and what the client's responsibilities are. If your work is dependent on receiving materials or direction from the client, be sure to specify those dependencies.
  • Where will it be done? State whether work will be performed on the client's premises, and whether the client will provide specific materials or equipment.
  • How will work be judged acceptable? State how and when the work will be considered complete.

It is helpful at the outset to set forth our mutual understanding of the terms and conditions of our engagement.

agrees to perform the services as set forth below:

Fees

In connection with the performance of services described above, you agree to pay to the following fees:

Expenses

In addition to the fees describes above, you will be responsible for certain disbursements, expenses, and other costs incurs in connection with this agreement, including the following:



Unless special arrangements are otherwise made in writing, fees and expenses of others will be your responsibility and will be billed directly to you. These costs will be approved by you in writing in advance of being incurred. You will be invoiced for all reimbursable expenses, together with appropriate documentation evidencing such expenses. Reimbursable expenses shall be paid by you within days of the date of invoice.

Late Payment Penalty

reserves the right to impose an interest charge equal to % per month on any fees or invoiced reimbursable expenses that remain unpaid after days.

Conditions to Our Performance of Services

Prior to commencing the performance of services, you agree to first:

  • Designate a primary point of contact who is responsible for decisions and for answering and resolving questions and issues:




In order for to perform services for you in an effective and efficient manner, you agree to:

  • Provide all information and documentation that may request from you or that may otherwise be useful to us in connection with the performance of services; and
  • Immediately advise of any changes to your operations or other information that may require a change in the scope or particulars of the services.


If you want to increase or decrease the scope of the services described above, or want to add additional services, requires that any such changes be mutually agreed to in writing and attached to this agreement as an addendum.

Arbitration allows you to resolve your conflict out of court in a more cost-effective manner than litigation. This section allows you to designate where and under which state laws disputes will be handled.

Handling of Disputes

This agreement will be governed by and construed in accordance with the laws of . Any dispute that arises relating to this agreement shall be settled by arbitration in , , in accordance with the rules of the American Arbitration Association, provided that discovery shall be governed by the civil procedure rules of or any successor statute, and judgment upon the award rendered may be entered in any court having jurisdiction. You agree to waive any objection to the jurisdiction of such venue.

Notwithstanding the preceding paragraph, with respect to the collection of past due monies that you owe to in accordance with the terms of this letter agreement equal to or less than the jurisdictional limit for small claims court in , shall be permitted, in 's sole discretion, to bring a summary proceeding against you in such court and you agree to waive any objection to personal jurisdiction or venue, and any right to a trial before jury, in any proceeding in these courts. You agree to pay all costs and expenses, including but not limited to, reasonable attorney fees and court costs, for the collection and/or enforcement of any obligation under this agreement, whether or not a lawsuit or arbitration is commenced.

Termination

This agreement will continue until completion of the services, unless terminated earlier by either party upon days advance written notice. Should either party terminate this agreement prior to the end of the term, you will pay to the unpaid portion of fees for services that were performed, plus all unpaid reimbursable expenses.

Notwithstanding the previous paragraph, if you intentionally or repeatedly do not abide by these terms, and the situation is not resolved within 10 days of receiving written notification from , we reserve the right to end the project immediately.

Independent contractors are different from employees, and each has varying access to benefits, protections, and tax advantages. Having a clause in a contract shows that you and your client understand the type of relationship you are entering into. If you are unsure as to whether or not you are an independent contractor, check out this publication.

Independent Contractor Status

You understand that you are engaging as an independent contractor. This agreement is not intended to create any partnership, joint venture, co-ownership, agency, or employment relationship between us. Unless specifically agrees to, in writing, will not act for you as your agent or make commitments for you or on your behalf.

Miscellaneous

This agreement shall only be amended upon the written approval of both parties. You are not permitted to assign your rights, duties, or obligations under this agreement to any other party without 's prior written consent.

This agreement constitutes the entire agreement between you and with respect to the performance of the services set forth above. This agreement supersedes any previous agreements between these parties relating to the performance of these services.

It is a pleasure to have the opportunity to serve you.

If you are in agreement with the terms of our engagement, please sign in the space provided below and return a signed copy to .

,


,

Agreed to and accepted this
__ day of _______, 20__

Condition of Use

Your use of the Freelancers Union Contract Creator tool (the "Tool") is subject to the terms and conditions set forth below. By accessing the Tool you acknowledge that you have read and agree that your use of the Tool shall be subject to such terms and conditions.

No attorney-client relationship is established

The Tool has been created by the law firm of Furnari Scher LLP on behalf of Freelancers Union for educational purposes only. Freelancers Union is not a law firm and Furnari Scher LLP is not providing any legal advice in connection with the Tool. Your use or access of the Tool does not form an attorney-client relationship or constitute the provision of legal advice. You should not rely upon any information presented here without first seeking legal advice from an attorney licensed to practice law in your jurisdiction.

No warranty is implied

Nothing on this website or with respect to the Tool is intended to imply or predict the outcome of any legal matter that you may be considering or involved in. Neither Freelancers Union, nor Furnari Scher LLP, makes any warranties of any kind regarding the information on this website as it relates to the Tool. The content of this Tool may not reflect the most current developments in law, and may not be applicable in your jurisdiction. Freelancers Union and Furnari Scher LLP expressly disclaim any responsibility for action you may choose to take or avoid as a result of the information you obtain through your use of the Tool or based upon any errors or omissions in such information.



I certify that I have read and agree with the preceding Disclaimer.
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Contract Creator created in partnership with Furnari Sher LLP. Furnari Scher LLP helps freelancers, consultants and independent contractors start and build thriving businesses, while avoiding common legal pitfalls cost thousands to resolve. Visit www.FurnariScher.com to get a copy of their free mini course 7 Deadly Legal Mistakes that Cost Entrepreneurs Thousands.

Your Business Name

Use your company name, if you have one. If you are doing business as an individual, use your full name.

Insert Name & Title

Enter the name and title of the person you are sending the contract to (your primary contact).

Description of Services

Provide a one- or two-sentence description of the services you will provide or the project that you are being engaged for (for example, "copy editing with respect to the conversion of website.com to Web 2.0"). You will give more detail in the Scope of Work.

Scope of Work

Enter objectives, milestones, and the date work commences here. It may be helpful to organize your Scope of Work into the following sections: Project Description, Tasks and Deliverables, Timeline and Milestones, Responsibilities, and Requirements.

Terms of Payment

Indicate whether you will be paid per hour, per page, a flat rate, or based on the completion of milestones. If applicable, specifically list each date and amount due on those dates. You may want to consider requiring a portion of payment up front. Some freelancers also require a "kill fee" to guarantee some payment if a project is canceled before completion.

Expense Items

You might specify that your client should reimburse you for travel expenses, project supplies, or purchases or work commissioned in service of the project. Late night cab? Buckets of sequins? New font family? It's good for both parties to think about these costs.

Late Payment Penalty

When clients pay late, you risk having trouble paying your own expenses. A penalty acts as a deterrent to late payment, so set terms that feel fair while still protecting you from additional fees you may incur if you're not paid on time. For example, you might decide to charge a penalty after 30 days.

Late Payment Penalty

A penalty acts as a deterrent to late payment and helps protect you from any additional fees you may incur from not being paid on time. For example, you might charge an additional 1.5% if you are not paid on time.

Conditions

In order to fulfill the work you set out to do, what things do you anticipate needing from your client? This could be an initial payment, or for certain materials to be supplied. Anything you will obtain yourself but need reimbursement for should go in the "Payment" section, but anything the client should supply to you should go here.

Notice Period

It's important to establish clear expectations of how you and your client will communicate with each other should you need to end your relationship before the expected time. You may consider specifying that the agreement will continue until a certain date unless terminated earlier by either party upon 30 days advance written notice.

Client County

Your client's county is important if you ever require arbitration, which allows you to resolve your conflict out of court. This section allows you to designate where and under which state's laws disputes will be handled (for example, settled in your county under the laws of your state).