Freelance Contracts: 5 Things You Should Always Negotiate
Getting a freelance gig is great. But before you start work, make sure your contract protects you. Here are five clauses worth negotiating.
Jordan Lee
Freelance Consultant
Freelance Contracts: 5 Things You Should Always Negotiate
Congratulations! You've landed a freelance gig. The client is excited, you're excited, and you're ready to start work.
But wait — have you looked at the contract?
As a freelancer, your contract is your only protection. Unlike employees, you don't have HR or company policies to fall back on. Your contract IS your safety net.
1. Payment Terms
This is the most important clause. Make sure you understand:
- When you'll be paid — Net 30? Net 60? On completion?
- How you'll be paid — Wire transfer? PayPal? Check?
- What happens if payment is late — Is there a late fee?
Pro tip: Ask for a deposit upfront, especially for larger projects. 25-50% is standard.
2. Scope of Work
"Scope creep" is the freelancer's enemy. Without a clear scope, clients can keep adding requests without additional pay.
Your contract should specify:
- Exactly what you're delivering
- How many revision rounds are included
- What's considered "out of scope"
3. Kill Fee
What happens if the client cancels the project midway? Without a kill fee clause, you might get nothing.
A kill fee ensures you're compensated for work already done, plus a percentage of the remaining project fee.
4. Intellectual Property
Who owns the work you create?
- Work for hire — The client owns everything
- License — You retain ownership but grant the client usage rights
- Joint ownership — Both parties share rights
Know what you're agreeing to before you sign.
5. Liability and Indemnification
Some contracts include clauses that make YOU responsible if something goes wrong with your work — even if the client made changes.
Look for "indemnification" clauses and negotiate reasonable limits.
The Bottom Line
Your time and skills are valuable. Make sure your contract reflects that.
Not sure if a clause is fair? Upload your contract to OpenClauses and we'll break it down for you.
Protect your work.