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You would be amazed to know how many freelancers still operate without a contract or agreement. We cannot express enough how risky this situation is, and how it should be avoided at all costs.
It’s crucial to remember that while we offer seasoned insights based on our extensive experience in freelancing, we’re not legal experts. We strongly recommend that freelancers collaborate with legal professionals to craft contract templates that protect their interests.
That being said, we have compiled a list of the most crucial things that deserve your full attention when crafting your contract.
1. Detailed Scope of Work
Achieving the right balance in detailing your scope of work is crucial. While it’s important to specify the services, project milestones, and deadlines, flexibility should also be accounted for to accommodate project evolution. This balance ensures your creative space is respected.
Moreover, be explicit about your responsibilities and the nature of your commitment. If you’re expected to achieve specific results, such as a conversion rate, this needs to be clearly stated. Conversely, if your engagement is based on efforts (delivering a marketing strategy) rather than guaranteed outcomes, this distinction must be outlined. Clarifying who is responsible for the project’s outcomes helps manage expectations and avoid future conflicts.
2. Payment Terms and Conditions
This segment of the contract demands clarity and upfront communication. Define your rates, payment schedule, and any conditions related to late payments. Discussing these terms openly can prevent misunderstandings about financial obligations. For freelancers operating in the U.S., net-30 payment terms are common, while in France, net-60 is more usual, reflecting local business practices. Address taxes clearly, specifying your obligations and guiding the client on theirs, especially regarding tax declarations.
For international clients, any international payment fees or currency exchange should also be mentioned here.
3. Cancellation and Termination Clauses
For international clients, establishing a jurisdiction clause that specifies a mutually agreed-upon legal framework for resolving disputes is prudent. This entails determining an impartial venue or legal system for litigation or arbitration, rather than defaulting to the laws of either party’s home country. Such a clause ensures a balanced approach to legal disputes, potentially facilitating a more equitable resolution process.
4. Intellectual Property Rights
Crucial for creative work, this clause determines who owns the work product and any intellectual property upon project completion.
It’s important to include here the permissions for showcasing work in your portfolio, especially concerning the extent of client identity exposure. Ensure explicit agreement on what, if any, identifiable details or proprietary information can be displayed, safeguarding both your portfolio needs and the client’s confidentiality preferences.
5. Revisions and Feedback
Establish clear expectations around the revision process, including how many rounds are included in your initial quote and the cost for additional revisions. This arrangement prevents the project from becoming a never-ending loop of tweaks and adjustments, respecting your time and setting clear boundaries with your client.
The most common rule is two rounds of adjustments. This means three versions in total, the third one being the final one. Explain that any further revisions are not included in the contract and that they can be executed for an extra cost. In reality, freelancers often accept minor micro revisions even after the three proposals, but it’s best to be extremely clear about this in the contract to avoid extreme situations with a significant volume of extra hours.
Forget about this when you work with us
At Metodas, we understand the importance of solid contracts and have partnered with experts to provide our freelancers with up-to-date contracts tailored to specific countries and professions. Working with us means that you can focus on what you do best, without the added burden of navigating contractual complexities.
Our contracts include all the mentioned issues and other clauses aimed at protecting your work and its quality.