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The Freelancer Magazine

Freelance Contract Guide + Free Template (2026)

Only 28% of freelancers use a contract for any given gig (Freelancers Union). The result: 62% of New York freelancers have lost wages due to nonpayment (Authors Guild), with no documentation to recover the money. A verbal agreement feels faster than drafting a contract, but when a client disputes the scope, delays payment for months, or disappears after delivery, there's no documentation to fall back on and no legal standing to pursue the money.

Below: what belongs in a freelance contract, how different contract types fit different engagements, red flags that shift all the risk onto the freelancer, and how tools like Plutio handle contract creation and e-signatures so the signed scope stays connected to the project from kickoff through final invoice.

Last updated February 2026

Guide
28%of freelancers use a contractFreelancers Union
In this article
01TLDR (Summary)
02Why freelance contracts matter
03What to include in a freelance contract
04Freelance contract types for different engagements
05Red flags in freelance client contracts
06Contract tools for freelancers
07When to update or renegotiate freelance contracts

Freelance contract questions

Do freelancers legally need a contract for every project?

In most jurisdictions, there's no law requiring a written contract for every freelance project. The exception is New York City's Freelance Isn't Free Act, which mandates written contracts for engagements valued at $800 or more. Similar legislation exists in other cities and states. Even where contracts aren't legally required, they provide the only documented proof of agreed terms if a payment dispute or scope disagreement ends up in court or arbitration. Without a written contract, the freelancer's position relies entirely on email threads and verbal recollections.

What happens if a client breaks a freelance contract?

A signed contract gives the freelancer legal standing to pursue the owed amount through small claims court (limits vary by state, typically up to $5,000-$10,000), mediation, or formal litigation. The contract's termination and kill fee clauses determine what the client owes if they cancel mid-project. Without a contract, the freelancer has limited options: sending demand letters, filing complaints with freelance advocacy organizations, or absorbing the loss. The contract doesn't guarantee payment, but it establishes the documented terms a court or mediator can enforce.

Should freelancers write their own contracts or use a lawyer?

Contract templates and generators cover the standard clauses most freelancers need: scope, payment, revisions, IP, and termination. For straightforward project-based work under $10,000, a well-built template provides adequate protection without legal fees. For engagements involving large sums, complex IP arrangements, international clients, or industry-specific regulations, a one-time legal review (typically $300-800 for a freelance contract) catches jurisdiction-specific issues that templates miss. Many freelancers start with a template and invest in a lawyer review once their average project value justifies the cost.

What's the difference between a contract and a statement of work?

A contract covers the legal terms of the relationship: payment terms, IP ownership, confidentiality, liability, and termination. A statement of work (SOW) covers the project specifics: scope, deliverables, timeline, and milestones. In a master service agreement (MSA) setup, the contract handles the legal framework once, and each new project gets its own SOW attached as an addendum. For single projects, the contract and SOW are usually combined into one document. Separating them makes sense when the same client relationship spans multiple distinct projects over time.

How do freelancers handle scope changes after signing a contract?

A change order documents the new scope, adjusted timeline, and additional cost. The change order references the original contract and becomes a binding amendment once both sides sign. The important part is getting the change order signed before the additional work starts, because work that begins before the change order is signed falls into the same unprotected territory as work done without any contract. A change order clause built into the original contract sets the expectation that scope changes go through a formal process rather than casual email requests.

Are e-signatures legally binding for freelance contracts?

E-signatures carry the same legal weight as handwritten signatures in the United States under the ESIGN Act (2000) and in the European Union under the eIDAS regulation. Most freelance contract platforms, including Plutio, Bonsai, HoneyBook, and DocuSign, produce signed documents that meet these legal standards. The signed document includes a timestamp, IP address, and audit trail that actually provides stronger evidence of signing intent than a scanned handwritten signature. For standard freelance engagements, e-signatures are fully enforceable.

Should freelancers include a kill fee in every contract?

A kill fee protects the freelancer's invested time if the client cancels after work has begun. For projects where significant upfront work happens before the first deliverable (research, strategy, planning), a kill fee of 25-50% of the total project value covers the hours already spent. For milestone-based projects where payment follows each deliverable, the milestone structure itself acts as a partial kill fee because completed milestones are already paid. The decision depends on how much unbilled time goes into the project before the first payment-triggering deliverable is complete.

What's a master service agreement and when should freelancers use one?

A master service agreement (MSA) establishes the legal terms that apply across all projects with a specific client: payment terms, IP ownership, confidentiality, liability limits, and dispute resolution. Each new project gets a shorter statement of work (SOW) that covers scope, deliverables, timeline, and project-specific pricing. MSAs make sense when a freelancer works with the same client on 3+ projects per year. The upfront effort of negotiating the MSA pays off by reducing each subsequent project's contract process to a focused SOW discussion rather than a full legal negotiation.

How often should freelancers update their contract templates?

Contract templates should be reviewed annually and updated whenever a new issue surfaces in client work. Common triggers for updates: a client exploiting a vague clause, a new type of project that doesn't fit the existing scope format, rate increases, changes in local freelance protection laws, or adding new services to the business. The annual review catches outdated pricing, expired terms, and clauses that no longer match the freelancer's current workflow. Keeping a running list of contract friction points throughout the year makes the annual review faster and more targeted.

What contract clauses should freelancers watch out for?

Three clauses cause the most problems for freelancers. Unlimited revisions clauses let clients request changes indefinitely without additional cost, which turns a fixed-price project into open-ended work. Work-for-hire clauses transfer all intellectual property rights to the client, including portfolio usage rights unless specifically carved out. Non-compete clauses that restrict working with similar clients or in the same industry can block future income for months or years after the project ends. The clauses outside the payment section often carry more risk than the payment terms themselves, and skipping them means agreeing to terms that can cost more than the project pays.

Should freelancers collect payment before signing a contract?

The standard order is contract first, then deposit payment. The contract establishes the legal terms including scope, payment schedule, and cancellation policy. The deposit confirms the client's commitment to those terms. Collecting payment before a signed contract means there's no written agreement governing what the payment covers or what happens if the project scope changes. A signed contract with a deposit clause that reads "Work begins upon receipt of [X]% deposit" creates a clear sequence: sign, pay, start.

How do NDAs work for freelance projects?

A non-disclosure agreement (NDA) prevents the freelancer from sharing confidential client information with third parties. One-way NDAs protect only the client's information. Mutual NDAs protect both sides, which matters when the freelancer shares proprietary processes or tools during the project. Most freelance NDAs cover project details, business data, and client lists for 1-3 years after the project ends. An NDA that restricts the freelancer from mentioning the client relationship or showing the work in a portfolio goes too far unless the project involves genuinely sensitive material. Those carve-outs need to be written into the NDA explicitly, because they won't be assumed.

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