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Freelance Agreement for the United States

Freelance Agreement Template for United States

A Freelance Agreement is a legally binding contract used in the United States that establishes the terms and conditions between an independent contractor and their client. This document outlines the scope of work, payment terms, intellectual property rights, and clearly defines the contractor's status as a non-employee. It incorporates relevant U.S. federal and state labor laws, tax requirements, and includes provisions for confidentiality and project deliverables.

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What is a Freelance Agreement?

The Freelance Agreement serves as a critical legal framework for establishing professional relationships between independent contractors and their clients in the United States. This document is essential when engaging freelance services to ensure compliance with federal and state employment laws, protect intellectual property rights, and clearly define project expectations. The agreement addresses key aspects such as scope of work, compensation, project timelines, and deliverables while maintaining the independent contractor status required by IRS guidelines. This comprehensive contract helps prevent misclassification issues and provides legal protection for both parties.

What sections should be included in a Freelance Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

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

5. Payment Terms: Compensation, payment schedule, and invoicing requirements

6. Term and Termination: Duration of agreement and termination conditions

7. Independent Contractor Relationship: Clarification of non-employee status

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

What sections are optional to include in a Freelance Agreement?

1. Non-Compete: Restrictions on competitive activities (include only when protecting business interests from direct competition)

2. Non-Solicitation: Restrictions on soliciting clients or employees (include when protecting client relationships and workforce)

3. Insurance Requirements: Required insurance coverage (include for high-risk or regulated services)

4. Data Protection: Data handling and privacy requirements (include when personal or sensitive data is involved)

What schedules should be included in a Freelance Agreement?

1. Schedule of Services: Detailed breakdown of services and deliverables

2. Rate Card: Detailed pricing structure and rates

3. Project Timeline: Milestones and delivery dates

4. Data Processing Agreement: Specific terms for handling personal data

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

United States

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Clauses































Industries

Labor Classification Laws: IRS guidelines for independent contractor classification, Fair Labor Standards Act (FLSA), and state-specific worker classification laws that determine the proper categorization of freelancers versus employees

Tax Laws: Internal Revenue Code requirements for 1099 contractors, state tax regulations, and self-employment tax considerations that affect freelancer payments and reporting

Intellectual Property Laws: Copyright Act of 1976, patent laws, trade secret laws, and work-for-hire doctrine that govern ownership and rights to work created during the freelance engagement

Contract Laws: State-specific contract laws, Uniform Commercial Code (UCC), and Statute of Frauds requirements that govern the formation and enforcement of freelance agreements

Data Privacy and Security: State-specific data privacy laws, industry-specific regulations, and GDPR compliance considerations for handling sensitive information

Non-Compete and Non-Disclosure: State-specific restrictions on non-compete agreements and trade secret protection laws that govern confidentiality and competition restrictions

Payment Regulations: State-specific wage and payment laws, and prompt payment requirements that govern compensation terms and timing

Insurance Requirements: State-specific insurance requirements and professional liability considerations that protect both parties during the engagement

Dispute Resolution: State-specific arbitration laws and Federal Arbitration Act provisions that govern how disputes between parties will be resolved

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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