Everything you need to know about freelance contracts β what to include, what to never sign, where to find templates, and how to find a local lawyer if you want one.
8β12 minutes
Full disclaimer: I am not a lawyer. None of this constitutes legal advice. This is simply how I handle contracts in my own freelance business. If you need legal advice, speak to a licensed attorney.
This lesson is designed for those doing business in the United States. While similar principles may apply in other jurisdictions, please consult a local legal professional if you have specific legal questions. Some of what I mention may not apply in your state.
Before You Dive In: Check Your State's Late Fee Laws
π¨ You can find all U.S. state late fee laws summarized here.
My state, Massachusetts, requires businesses to give the invoice recipient 30 days to pay before late fees kick in. Some states allow as few as 14 days; others require up to 90. When you edit your contract, make sure your late fee terms comply with your state's laws.
The MeltzerSeltzer General Contract Template
This is the template I use. I created it with the help of my lawyer when I first started freelancing and it's held strong for me ever since.
β MeltzerSeltzer General Contract Template
If you choose to use this template, Rachel Meltzer, MeltzerSeltzer, and all associated parties are not liable or responsible. You release all liability by using this contract template. I'm not a lawyer!
β Examples of this template in use
Why You Need a Contract
Contracts might feel scary or overwhelming at first, but they really aren't. You can even write your own if you want to.
This isn't legal advice, but in my opinion, the likelihood that your client is going to sue you β or that you'll need to sue them β is pretty low. Your contract mainly serves two purposes:
- It sets clear expectations with your client
- It gives you legal protection if things go sideways
And if you include the late fee language I mention below, you'll also be more likely to get paid on time β which is reason enough on its own.
If you have the resources, I recommend hiring a lawyer to create a freelance contract template for you. If that's not in the budget, you can hire a lawyer to review a contract you've already written (usually more affordable), or buy a template from a lawyer's template shop.
How to Find a Local Lawyer
If you want to work with a lawyer, I personally recommend working with a local one in person if you can. It really eases the nerves and makes it easy to revisit your legal stuff at any time.
They can also usually help with other things within their network like living wills, trusts, LLCs, etc. that youβll need down the road if you decide to expand.
Not sure where to start? Here are a few reliable options:
Free or low-cost referral services: β American Bar Association Lawyer Referral Directory β find your state bar's referral service; many offer a free or low-cost initial consultation (usually $25β$35 for 30 minutes) β Rocket Lawyer β lets you search for attorneys by state; also offers paid subscription services with document review
Online platforms to find and hire attorneys affordably: β ContractsCounsel β marketplace for vetted freelance contract lawyers; you post your project and attorneys send proposals β Upwork β you can find freelance attorneys who specialize in contract review at a range of price points
Or ask humans: β Any entrepreneur or local small business usually knows one β ask around! I found mine through our realtor. I got another referral at our dog park for the same guy! β Head to a local chamber of commerce meeting if you donβt know anyone who owns a business!
What to look for: an attorney who has experience with independent contractors, freelancers, or small business law. You don't need a big firm β a solo practitioner or small firm that works with creative entrepreneurs is usually more affordable and just as effective for this.
What to Include in Your Contract
Must-haves:
β Contact info for you and your client β Scope of work β Number of revision rounds included β Your rates and how you'll be paid β Payment schedule (Net 7, Net 14, or Net 30 β client pays within that many days of receiving the invoice) β Refund policy β Cancellation policy β Predictability of results disclaimer β What happens if either party wants to modify the agreement
Optional but recommended:
β Late fees (check your state's laws first β you can charge up to a certain percentage per day for late payments) β Deadlines or expected turnaround times β How you'll communicate and deliver work β How many meetings are included β How the project will be managed β Intellectual property ownership (client owns the final work, but you retain the right to use it in your portfolio) β NDA (you won't share their confidential business information, they wonβt share yours)
Never Sign a Contract That Includes:
An ambiguous non-compete clause
Most larger companies will try to slip these in. Some non-competes are enforceable β and you can't run a freelance business if you sign a vague one. Your clients' competitors are literally your niche. You can always ask the client to remove it.
An NDA that prohibits you from using your work in your portfolio
You can sign NDAs, but I recommend asking your client in writing whether you can use the work in your portfolio first β they usually say yes. If they say no, at least you asked before signing something that locks you out.
An insurance clause (if you don't have insurance)
Many companies want their contractors to carry business insurance. I've made it 7+ years without it. It's expensive, and for solo digital marketers, it often doesn't cover much.
If you do have it, sign away. If you don't, don't sign a contract requiring it and lie about it β that will come back to bite you.
If you really want to work with a client who requires insurance and don't want to get it, Uncompany can act as a bridge and insurer for you. I use them to work with Lenovo β 10/10 recommend.
Alternatively, if you decide to get insurance, Coverdash is a solid option built for freelancers.
FAQs
What if my client wants me to sign their contract?
That works too β but read every single word before you sign. If something important is missing (anything from my must-have list above), don't be afraid to ask for it. You can say:
"I've reviewed the contract and don't see [what you need]. If you can add that to the agreement, I'm happy to sign. Alternatively, I'm happy to send over a contract I've put together β just let me know what you'd prefer!"
If you have multiple items to change, list them out in bullet points and reference which section of the contract each item is in.
Pro tip: I label my contracts with numbered sections and lettered subsections so it's easy to reference specific clauses in conversation.
What if a client wants me to have insurance?
A few options:
β Use Uncompany as a bridge β they act as an insurer so you can work with clients who require coverage without purchasing a full policy yourself β Get insurance β Coverdash is designed for freelancers and is worth checking out if you need it β Factor the cost of insurance into your rates so the client is effectively paying for it β Or just say no β not every client is worth the overhead
Contract Template Options
βοΈ = my picks
Paid Templates:
β βοΈ Moxie β all-in-one freelance business platform with legally vetted, editable contract templates built in; my top pick if you want contracts, proposals, and invoicing in one place β Artful Contracts β lawyer-created templates designed for creatives β Nina The Lawyer β affordable templates from a lawyer who specializes in working with creative entrepreneurs β The Contract Shop β well-known template shop for freelancers and creatives
Free Templates:
β βοΈ My General Contract Template β the one I use β Bonsai β free contract templates plus optional bookkeeping tools β Rocket Lawyer β free and paid options; also lets you search for attorneys by state β HoneyBook β free downloadable templates, especially good if you're already using HoneyBook as your CRM β Dubsado β free templates included with a subscription β PandaDoc β free template with e-signature support β Legal Templates β free customizable freelance contract reviewed by attorneys