There are many great things to love about being a freelance writer— you’re not bound by office hours and have more flexibility with your jobs.
However, the fact that you’re not an employee doesn’t relieve you of the need to draft contracts with the new clients you work for. A freelance writing contract is important because it outlines the scope of work and obligations all parties have.
In this article, I’ll fill you in on ten essential clauses you need to include in a legal-binding freelance writing contract. And, to sweeten the deal, I’ll also throw in six free freelance writer contract template tools you can use to create yours without hassle.
Let’s get into it.
What is a Freelance Writing Contract?
A freelance writing contract is a written agreement that outlines the writing services you’ll provide to a client. Just like a standard contract, it highlights:
- The scope of your work;
- The agreed fee or rate;
- The terms and conditions of the agreement.
Why Are Contracts Important For Freelance Writers?
As a freelance writer, you’ll spend a great deal of time chasing clients and having conversations. Because this process is very intensive, you must protect yourself from clients who may not have your best interest at heart.
Here are some reasons why having a freelance contract is an absolute necessity.
- Build a Professional Brand: As a freelancer, perception and trust matter greatly. Because most interactions will be virtual, clients are more likely to work with a freelance writer who feels and appears professional. Using a contract can showcase your professionalism and help to build trust.
- Secure Work Environment: A freelance contract ensures that both parties fulfill their obligations to each other, making it safe for the freelance writer and the client to interact. In instances where there is a breach of contract, the innocent party is less likely to suffer unfair consequences.
- Avoid Scope Creeps: Many writers have encountered a scope creep or two during their careers— a scope creep is a client who piles on more work than agreed without intending to pay. With a freelance writing contract, you can prevent your client from assigning work outside the agreed project scope.
- Payment Security: An effective freelance writer contract encourages clients to pay the agreed amount for all written projects. As such, you rarely have to worry about financial security because you can confidently pursue legal action when a client refuses to pay.
10 Clauses to Watch Out For in Your Freelance Writer Contract
There are several clauses you can include in your freelance contract to maximize its value. Even if you have one already, it may be worth reviewing the list below to ensure you don’t overlook any integral clause.
Also, I am not a lawyer, and this is not intended as legal advice. I am simply sharing some of the elements I use with my clients—your mileage may vary. Now, let’s explore ten clauses freelance writers should consider including in their freelance writing contracts.
1. Party Identification Details
Every new contract should contain basic information about the parties involved. This section often includes the parties’ names, addresses, occupations, contact information, and contractual relationships.
Furthermore, the official signatures of all parties are required at the end of the document. Depending on the type of contract, you may be required to include the signatures, dates, full names, and party witnesses to make the contract valid.
These signatures serve as proof that all parties consent to the contract— rendering it a legally binding agreement.
2. Scope of Work
It’s super important for clients and writers to agree on work expectations before moving forward. This section of the contract covers all the writing services you’re required to provide as a contractor.
For example, a comprehensive scope clause includes important details about the subject matter, writing style, number of articles, delivery schedule, writing process, and publishing channels. I often encourage writers to be specific to avoid clients taking advantage of gray areas.
Furthermore, this section helps both parties to understand their obligations and manage delivery expectations. Here’s an example of what a typical project scope looks like.
3. Terms and Conditions
For any effective freelance writing project, the client and freelance writer must agree on working conduct, conditions, and miscellaneous compensation. For example, how many hours is the project expected to take, what laws govern the contract, what research should you conduct, and is there any paid support for offline groundwork?
What’s more, you can use this section to introduce the “Independent Contractor Clause .”This clause explicitly states that you’re not the client’s employee but only offering your services for an agreed period. This clarification helps you to manage the client’s expectations and demands that don’t align with the agreement.
However, as an independent contractor, you’ll be responsible for local and state taxes associated with the services you render to the client. Some clients may request that you explicitly include this clarification in your contract.
4. Revision Schedule
For every new writing gig, you can expect to go through several rounds of edits before the finished piece is published. However, revisions can become messy, especially if the initial contract does not include a well-detailed project clause.
To avoid these problems, here are some key elements to include in a revisions clause.
- What constitutes a revision or edit? This will provide more clarity for both parties and prevent your client from disrupting your editing process.
- How many edits are allowed, and what is the revision process like? This prevents a back-and-forth that can be time-consuming and inconvenient.
- How many additional reviews are allowed, and what are the cost implications? If the project requires excessive edits, it’s very likely that the scope of work has changed, and the terms of the written contract need to reflect this change.
Here’s a simple example of what a revisions clause looks like.
5. Exclusivity and Non-disclosure
During the project, the client may share confidential information with the freelance writer. Sometimes, clients may not even want you to work with other competitors if the business’s content is sensitive.
As a result of these requirements, an “exclusivity” and “non-disclosure” clause prohibits both parties from sharing each other’s information without express consent.
Furthermore, this clause can state that the information shared between both parties is strictly for the writing project at hand and nothing more. Depending on the nature of the business, some clients may create their own Non-Disclosure Agreement (NDA) for added security.
6. Payment Method and Fee
You’ve agreed on the scope of work and finally decided on a fair price with the client. What’s next?
When creating your freelance contract, include the total amount due for your services. For example, you can highlight the payment method, schedule, date, and any financial penalties that may apply.
PS: Your freelance invoice will carry a more detailed version of the payment clause, so remember to s. It’s advisable for both parties to be on the same page regarding these details before commencing the project.
7. Copyright Clause
As a freelance writer, many clients may want you to offer ghostwriting services where they take all the credit. Regardless of the type of project, I often advise freelance writers to have honest conversations about copyright expectations.
The copyright clause— also known as an “Ownership Clause”— pertains to the intellectual property rights regarding the services you’re to provide. In this section, you and the client clearly state who owns what under certain circumstances.
For example, when you write for a magazine, you can retain ownership of the article and only sell the right to publish. As a result, you can make money when the article is published in the future.
Alternatively, your client may also have their standards regarding copyright. Thus, it’s best for you to have an in-depth conversation about ownership rights before starting the writing project.
8. Indemnity Clause
With every freelance project, there’s always a tendency for things to go sideways. When this happens, who is responsible, and who provides compensation? This is an important question your freelance writing contract must answer.
The indemnity clause is a form of business insurance for the client and the freelance writer. Here are some key issues I recommend you cover in this section:
- What are possible issues that may arise during the course of the project?
- Which party will be held responsible for the loss suffered (indemnifying party), and what will compensation look like?
- Under what circumstances does mutual indemnification apply, and what would adequate compensation for the situation look like?
As a freelancer, running into legal issues can hurt your finances and your ability to run a successful freelance writing business. An indemnity clause has the potential to keep you safe from difficult clients.
9. Termination Clause
Sometimes, either party may have to terminate the project for different reasons. This clause outlines the grounds for early termination and the penalties each party will receive.
When creating your freelance writing contract, here are some issues your termination clause should cover:
- The date the contractual relationship is expected to end. If you do not have a specific date, you can agree on a period— for example, no more than two weeks.
- Conditions that allow either party to end the contract— like a breach of trust or poor communication.
- Penalties to be imposed on the offending party in instances of early termination. For example, if your client decides to terminate the contract early, they owe you a kill fee.
All in all, this deadline clause helps both parties to be more conscious of their obligations and prepare ahead of the termination date.
10. General Clauses
This section is reserved for any additional terms both parties want to include in the contract.
For example, you can include an arbitration clause. Think of arbitration as a form of dispute resolution outside the court where both parties present their case before a neutral third party to give judgment.
While many freelance projects are executed successfully, legal issues and disputes may arise occasionally. As such, it is advisable to include an arbitration clause stating how to resolve such disputes without seeking legal counsel.
Sample Freelance Writing Contract
Here’s a simple freelance writing contract template you can easily edit to reflect your unique requirements. You can make it as detailed as you need to, depending on the type of project you’re working on.
“Freelance Copywriter Contract Agreement
This agreement (the “Agreement”) is entered into on [Date] between:
[Your Name] (“Writer”), an individual residing at [Official business address], and [Name of Client] (the “Company”), a company residing at [Official business address.]
- Party Relationship: The parties involved in this agreement expressly agree that the relationship created is one between an independent contractor (“Writer”) and the commissioning party (“Company”). To this effect, the Writer is not an employee of the Company and will not be held liable for any federal or local taxes, nor will they have access to employee benefits or other purposes.
- Project Scope: The Writer will provide the Company with the following services:
[Provide a detailed description of the work you’re going to write, as already agreed between you and the client. Include details about the article’s topic, the writing style, the number of words, and other relevant information.]
- Terms and Conditions: The Writer will submit all deliverables as follows:
[Include the method of delivery— hard copy or digital? What delivery channel? Email or Slack?]
- Compensation: The Company agrees to pay the Writer a sum of $xxx per published article. The Writer will be eligible for additional sharing bonuses when the Company [include sharing terms here]. Payment will be due [Include payment date– e.g., within 30 days.]
Furthermore, the Company agrees to compensate the Writer for any additional labor required to fulfill the contract. This includes, but is not limited to, [highlight possible additional expenses: will you be required to travel, create supplies, conduct interviews? If none, specify here as well.]
- Revision Schedule: For every article submitted, the Company is allowed [Number of revisions agreed upon by both parties]. All edits must be submitted within [Agreed timeframe— eg 48 hours]. The Company agrees to pay [Agreed amount] for every additional review.
- Copyright: I, the Writer, grant the Company [First English-Language Serial Rights, or any other rights you’ve agreed]. [Provide more details here if you think there are any gray areas.]
- Indemnification and Termination: The Writer agrees to indemnify and hold harmless the Company from any damages, claims, expenses, and liabilities that may arise out of or in connection with the Writer.
- Termination: Either party may terminate this contract through a written notice to the other party with a notification period of at least two weeks.
- Governing Law and Jurisdiction: This freelance writer contract shall be constructed and executed in accordance with the laws of the United States of America.
- Miscellaneous: This contract shall not be modified, changed, or amended in any format except via written agreement by both parties.
Please provide your signature and date below if you agree to these terms. Kindly return a copy to me and I will sign as well.
[Signature and date lines.]”
If you’re looking for a more comprehensive template, you can check out this free freelance writer contract by Danmatia.
5 Free Freelance Writing Contract Templates
As promised, here are six platforms that provide free freelance writing contract templates you can use to create a standard contract for your next writing gig.
1. Bonsai
Bonsai is a freelance management application that boasts of legally approved freelance writing contract templates for writers. It has an interactive system that collects information and drafts unique writing contracts that you can easily edit.
Furthermore, the platform allows you to store and send contracts to clients. You also have a digital signature option where both parties can sign easily. If you handle a large volume of contracts, consider subscribing to one of their paid plans.
2. Wise
Wise is an international digital marketing and financial service provider that offers free contract templates you can use as a guide when creating yours. One great feature is that you can easily edit these templates in word processors like Microsoft Word or Google Docs.
As a bonus, Wise also offers business bank account services that allow freelance writers to get paid internationally. So, if you’re looking for a platform that makes contract and financial management a breeze, consider using Wise.
3. RocketLawyer
RocketLawyer is a legal tech company with an interactive system where freelance writers can draft, edit, and save contract templates. Like Bonsai, RocketLawyer has an interactive system where you provide information, and the software generates an intelligent template you can easily work with.
What’s more, you can consult lawyers on the platform if you urgently need legal advice. By using the Document Defense feature, lawyers on the platform are more than happy to help you enforce your legal rights in case of a dispute.
4. Politico
Politico is an international news website that offers a freelance writing contract template you can edit immediately. All you have to do is open the PDF in a Word document to make the necessary edits. This comprehensive template contains many clauses you can use to protect your services from scope creep and unhealthy clients.
5. PandaDoc
Think of PandaDoc as a document analytics and workflow automation software. Once you sign in, you’ll land on a colorful word processor where you can create unique contracts for your business. The user-friendly software allows you to customize the color, font, and design depending on your needs.
What’s more, the software provides brief explanations of what each section entails and the information you’re meant to input. It also has a ‘Terms and Conditions’ section which allows you to add attachments where necessary.
If you’re looking for a platform that provides comprehensive clauses and still allows you to be a little creative, PandaDoc is your best bet.
As a bonus, you can use AI tools like RightBlogger to draft your freelance writing contracts. The software asks you a few questions and then creates a draft contract based on your responses. After the draft has been generated, you can edit it to accommodate any other unique clauses you need.
How Can You Keep Track Records of Your Contracts?
There are many online tools you can use to store your contractual documents. Here are two free tools I use all the time in my own freelance writing business:
- Google Drive: First, open the application on your device to store your documents. Then, you’ll see a “+” icon. It could be at the bottom right or the top left, depending on your device.
Click it and select the “Upload” option > Click “Browse”> “File Upload”> and “Enter”.
- Microsoft OneDrive: To upload your own contract on Microsoft OneDrive, open the application and click on the “Upload” icon at the top right corner of your screen. Then, select “Files” and proceed to upload your document.
So, Should You Create Your Own Freelance Writing Contract?
To run a successful writing business, you’ll need a contract to protect you every step of the way. Freelance creator Jennifer Bourn captures the need for contracts quite plainly:
You may think you don’t need contracts because you’re just freelancing, but freelancing is running a small business, and businesses need contracts.
As long as you understand all the essential clauses, you can draft your own freelance writing contract without the help of a lawyer. Drafting your contract gives you more clarity and helps you communicate your requirements in a language you understand.
When drafting your contract, I’d advise you to use a freelance agreement template specific to your niche. If you don’t feel confident, you can always seek legal counsel. For example, RocketLawyer offers legal services to people who need advice regarding their business contracts.
Parting Tips to Enforce Your Writing Contract
Here are some tips to help you implement a robust freelance contract.
1. Use an Email Trail
An email trail contains records of communication between two or more parties. It’s advisable to have most, if not all, of your communications via email for record keeping. Furthermore, you can also send the contract to the client via email for their review and signature.
An email trail of these discussions can help prove that you and your client have a freelance written agreement you both consent to, and it’ll corroborate your argument if you have a dispute with your client.
2. Seek Professional Legal Advice
If you can, I’d advise you to seek legal advice from an attorney when drafting your freelance writer contract. Discussing your business dealings with a lawyer will give you more information on what clauses to include, how to negotiate for better work conditions, and what rights you have within the project’s scope.
3. Keep Track Records for Clients
Another way to enforce your freelance writer contract is by keeping a record of documents used in your dealings with clients.
During the course of the project, some legal documents may be passed between you and your client. Presenting your freelance writer agreement alongside these documents can serve as further proof that you and your clients are working together and are obligated to each other.
As a freelance writer, you rarely have access to regular employee benefits like health insurance, paid holidays, and work bonuses. Because you’re essentially exposed, you need fool-proof freelance contracts to keep you, your income, and your business safe.
Leap to a more secure future by creating your freelance writing contract now!
