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Freelance Employment Contract for New Zealand

Freelance Employment Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes and regulates the relationship between a client and an independent contractor (freelancer). This document clearly defines the nature of the engagement as a contractor relationship rather than employment, outlining the services to be provided, payment terms, intellectual property rights, and other key aspects of the working relationship. It ensures compliance with New Zealand legislation including the Contract and Commercial Law Act 2017 and related regulations while protecting both parties' interests through clear terms and conditions.

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What is a Freelance Employment Contract?

The Freelance Employment Contract is essential for businesses and organizations in New Zealand engaging independent contractors or freelancers for specific projects or ongoing services. This document is designed to comply with New Zealand law while clearly establishing the contractor relationship, avoiding potential misclassification issues under employment law. It includes comprehensive provisions for service delivery, payment terms, intellectual property rights, confidentiality, and termination conditions. The agreement is particularly important in the current gig economy where freelance arrangements are increasingly common, helping both parties understand their rights, obligations, and the precise nature of their professional relationship. It provides necessary legal protection while maintaining the flexibility that characterizes freelance engagements.

What sections should be included in a Freelance Employment Contract?

1. Parties: Identifies the contracting parties - the client and the freelancer, including full legal names and contact details

2. Background: Outlines the context of the agreement and confirms the intention to engage the freelancer as an independent contractor

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Nature of Relationship: Explicitly confirms the independent contractor status and not an employment relationship

5. Services: Describes the services to be provided by the freelancer, including scope and deliverables

6. Term and Engagement: Specifies the duration of the agreement and any renewal provisions

7. Fees and Payment: Details the payment terms, rates, invoicing process, and payment schedule

8. Contractor's Obligations: Lists the freelancer's key responsibilities, including quality standards and timeline commitments

9. Client's Obligations: Outlines the client's responsibilities, including provision of necessary information and resources

10. Intellectual Property: Addresses ownership and usage rights of work created during the engagement

11. Confidentiality: Defines confidential information and obligations regarding its protection

12. Termination: Specifies how the agreement can be terminated by either party

13. General Provisions: Includes standard legal clauses such as governing law, dispute resolution, and notices

What sections are optional to include in a Freelance Employment Contract?

1. Non-Compete: Restrictions on working with competitors, used when the freelancer will have access to sensitive competitive information

2. Equipment and Resources: Details about provision of equipment and resources, used when specific tools or resources are required

3. Insurance: Insurance requirements, used when the nature of work requires specific insurance coverage

4. Performance Metrics: Specific performance standards and evaluation criteria, used for long-term or complex projects

5. Substitution: Right to provide substitute personnel, used when the freelancer operates as a business rather than individual

6. Health and Safety: Specific health and safety requirements, used when work is performed on client premises

7. Data Protection: Detailed data handling requirements, used when personal or sensitive data processing is involved

8. Change Control: Process for managing changes to scope or requirements, used for complex or evolving projects

What schedules should be included in a Freelance Employment Contract?

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

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

3. Schedule 3 - Project Timeline: Specific milestones, deadlines, and delivery schedule

4. Schedule 4 - Client Materials: List of materials, information, or resources to be provided by the client

5. Appendix A - Confidential Information: Detailed description of what constitutes confidential information

6. Appendix B - Approved Expenses: List of pre-approved expenses and reimbursement procedures

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions




































Clauses



































Relevant Industries

Technology

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Human Resources

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Procurement

Finance

Operations

Project Management Office

Information Technology

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Project Manager

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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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