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Freelance Agreement Contract Template for Switzerland

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Key Requirements PROMPT example:

Freelance Agreement Contract

"I need a Freelance Agreement Contract under Swiss law for a software developer who will be working remotely on our mobile app project starting March 2025, with specific provisions for source code ownership and the ability to engage substitute developers when needed."

Document background
The Freelance Agreement Contract is essential for businesses operating in Switzerland that engage independent contractors for professional services. This document serves as the primary legal framework governing the relationship between clients and freelancers, ensuring compliance with Swiss law, particularly the Swiss Code of Obligations (OR). It is specifically designed to establish clear boundaries between employment and independent contractor relationships, address mandatory Swiss social security and insurance requirements, and protect both parties' interests regarding intellectual property, confidentiality, and liability. The agreement is crucial for organizations seeking to properly document freelance engagements while avoiding potential misclassification risks under Swiss employment law.
Suggested Sections

1. Parties: Identification of the client and the freelancer, including full legal names, addresses, and any registration numbers

2. Background: Context of the agreement and confirmation of freelancer's independent contractor status

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided by the freelancer

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fees and Payment Terms: Compensation, payment schedule, expenses, and invoicing requirements

7. Independent Contractor Status: Explicit confirmation of freelancer's self-employed status and responsibilities

8. Intellectual Property Rights: Ownership and transfer of work products and pre-existing IP

9. Confidentiality: Protection of confidential information and trade secrets

10. Liability and Indemnification: Extent of liability and indemnification obligations

11. Insurance and Social Security: Required insurance coverage and confirmation of social security obligations

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on competing activities, if required (note: must be carefully limited in scope under Swiss law)

2. Data Protection: Specific provisions for handling personal data, required if personal data processing is involved

3. Equipment and Resources: Provisions regarding tools and resources if provided by either party

4. Performance Metrics: Specific KPIs or quality standards if applicable to the services

5. Training Requirements: Any required training or certifications if specific qualifications are needed

6. Substitute Performance: Whether and under what conditions the freelancer may use substitutes

7. Client Obligations: Specific obligations of the client if they need to provide certain inputs or resources

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Performance standards and quality metrics if applicable

4. Appendix A - Insurance Requirements: Specific insurance coverage requirements and minimum limits

5. Appendix B - Approved Subcontractors: List of pre-approved substitutes or subcontractors if applicable

6. Appendix C - Data Processing Agreement: Required if personal data processing is involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses


































Relevant Industries

Information Technology

Creative Industries

Management Consulting

Professional Services

Digital Marketing

Engineering

Content Creation

Financial Services

Healthcare

Education and Training

Research and Development

Media and Communications

Relevant Teams

Legal

Human Resources

Procurement

Finance

Compliance

Operations

Project Management Office

Administration

Risk Management

Business Development

Relevant Roles

Procurement Manager

Legal Counsel

HR Director

Project Manager

Department Head

Operations Manager

Finance Director

Compliance Officer

Contract Administrator

Business Unit Manager

Freelance Coordinator

Resource Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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