The Legal Element
FREELANCER AGREEMENT
This Freelancer Agreement (“Agreement”) is entered into as of [Effective Date] by and between:
Freelancer:
[Freelancer’s Full Name]
[Freelancer’s Address]
Phone: [Phone Number]
Email: [Email Address]
AND
Client:
[Client’s Full Name or Company Name]
[Client’s Address]
Phone: [Phone Number]
Email: [Email Address]
1. DEFINITIONS
1.1 “Services” means the work or services provided by the Freelancer as described in Section 2.
1.2 “Deliverables” means the tangible or intangible work product that the Freelancer produces for the Client, as specified in Section 2.
1.3 “Payment” refers to the amount the Client agrees to pay the Freelancer for the Services as described in Section 4.
1.4 “Confidential Information” refers to any proprietary or sensitive information exchanged during the course of this Agreement, as described in Section 5.
2. SCOPE OF SERVICES
2.1 Services to be Provided
The Freelancer agrees to provide the following services for the Client:
- [Service 1]: [Detailed description of service, including any specific tasks to be completed, deliverables, etc.]
- [Service 2]: [Detailed description of second service or task to be provided.]
- [Service 3]: [Description of any additional services, if applicable.]
2.2 Timeline
The Freelancer agrees to complete the Services according to the following schedule:
- Start Date: [Start Date]
- Completion Date: [End Date or Milestone Dates]
- Milestone 1: [Specific milestone or task with expected completion date.]
- Milestone 2: [Another milestone, if applicable.]
2.3 Revisions
The Freelancer agrees to make [X] revisions to the Deliverables within [X] days after submission, if necessary, without additional charge. Any further revisions will be subject to additional charges.
3. TERM AND TERMINATION
3.1 Effective Date
This Agreement will be effective as of [Effective Date] and will remain in effect until the completion of the Services or as otherwise terminated by either Party.
3.2 Termination by the Client
The Client may terminate this Agreement at any time by providing [X] days’ written notice to the Freelancer. In the event of termination, the Client will pay the Freelancer for all completed work up to the termination date.
3.3 Termination by the Freelancer
The Freelancer may terminate this Agreement if the Client fails to provide necessary materials, instructions, or payments as per the terms of this Agreement.
3.4 Immediate Termination
Either Party may terminate the Agreement immediately in the event of a material breach by the other Party, including failure to meet obligations, failure to make payments, or illegal activities.
4. FEES AND PAYMENT TERMS
4.1 Freelance Fee
The Client agrees to pay the Freelancer [Amount] for the services provided.
4.2 Payment Schedule
The Client agrees to pay the Freelancer according to the following schedule:
- [Deposit Amount] due upon signing this Agreement.
- [Milestone Payment] due on completion of [Milestone 1 or Task 1].
- [Final Payment] due upon completion and delivery of all final deliverables.
4.3 Method of Payment
Payments will be made by [Payment Method] (e.g., bank transfer, PayPal, etc.) to the following details:
- Bank Name: [Bank Name]
- Account Name: [Account Name]
- Account Number: [Account Number]
4.4 Late Payment
If the Client fails to make payment within [X] days of the due date, a late fee of [X%] will be charged for each month or portion thereof the payment is overdue.
4.5 Reimbursement of Expenses
The Client agrees to reimburse the Freelancer for reasonable, pre-approved expenses incurred in the course of performing the Services, such as travel, materials, and software.
5. CONFIDENTIALITY
5.1 Confidential Information
The Freelancer agrees not to disclose any Confidential Information belonging to the Client during or after the term of this Agreement.
5.2 Non-Disclosure
The Freelancer shall not, without the prior written consent of the Client, disclose or use Confidential Information for any purpose other than in connection with the performance of the Services under this Agreement.
5.3 Return of Materials
Upon termination or completion of this Agreement, the Freelancer will return all documents, materials, or information related to the Client’s business, including any Confidential Information.
6. INTELLECTUAL PROPERTY
6.1 Ownership of Deliverables
Upon full payment of all fees and charges due, the Client will own the rights to all Deliverables created by the Freelancer. This includes all intellectual property rights associated with the Deliverables.
6.2 Pre-existing Intellectual Property
The Freelancer retains ownership of any pre-existing intellectual property (e.g., tools, templates, code) used in the provision of the Services. The Client will be granted a non-exclusive, worldwide license to use such pre-existing intellectual property for the purpose intended.
6.3 License to Use Work
The Freelancer grants the Client a royalty-free, irrevocable, and transferable license to use the Deliverables for their intended purpose, in accordance with the terms of this Agreement.
7. INDEMNITY AND LIABILITY
7.1 Indemnity
The Client agrees to indemnify and hold harmless the Freelancer against any third-party claims arising from the Client’s use of the Deliverables, including infringement of intellectual property rights.
7.2 Limitation of Liability
The Freelancer’s liability for any breach of this Agreement or any claim arising out of the Agreement shall be limited to the total amount of fees paid by the Client for the Services.
8. DISPUTE RESOLUTION
8.1 Negotiation
In the event of any dispute, the Parties agree to first attempt to resolve the dispute through informal negotiation.
8.2 Mediation
If the dispute cannot be resolved through negotiation, the Parties agree to submit the dispute to mediation with a mutually agreed mediator.
8.3 Arbitration
If the dispute remains unresolved, the Parties agree to resolve the matter through binding arbitration under the rules of [Arbitration Organization].
8.4 Governing Law
This Agreement will be governed by and construed in accordance with the laws of [State/Country].
9. MISCELLANEOUS
9.1 Entire Agreement
This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, understandings, or communications, whether written or oral.
9.2 Amendments
Any amendments or modifications to this Agreement must be in writing and signed by both Parties.
9.3 Force Majeure
Neither Party will be held liable for any failure to perform due to events beyond their control, including natural disasters, strikes, or governmental actions.
10. SIGNATURES
IN WITNESS WHEREOF, the Parties have executed this Freelancer Agreement as of the date first above written:
Freelancer:
Signature: ___________________________
Name: [Freelancer’s Name]
Date: _______________________________
Client:
Signature: ___________________________
Name: [Client’s Name]
Date: _______________________________