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# Legal Protections for Freelancers: What to Put in Your Contract
- URL: https://blog.annabyang.com/legal-protections-freelancers-contract/
- Published: 2026-04-16T15:15:26.000Z
- Updated: 2026-08-18T20:47:12.000Z
- Description: A solid freelance contract protects your time, your money, and your business.
- Author: Anna Burgess Yang
- Tags: Freelancing 101

A virtual handshake (i.e. a Slack message) might feel like enough to start working on a new client project when the client seems trustworthy — but it's not. Even relationships with well-meaning clients can go south for unforeseen reasons. Not to mention, there are a *lot* of unscrupulous people out there who take advantage of freelancers.

A solid freelance contract protects your time, your money, and your business.

Table of Contents

## Why do freelancers need contracts?

Think of your contract as your insurance policy for the client relationship. It sets expectations for both you *and* your client.

Before I pivoted to freelancing, I was the director of customer success at a tech company. I was tasked with writing contracts for some projects. I quickly realized that the more I included, the more I could protect the company and team. Otherwise, we found ourselves in some tense/sticky situations that ended up costing time and money.

As a freelance fintech writer, my contract has protected me many times. Without a written agreement, you're taking a risk. You might end up doing extra work for free or waiting months to get paid because your client never explicitly agreed to any payment terms. A solid contract prevents all of that.

Lawyer Brionna Ned says that most business owners don’t understand legal risk. She [told me in an interview](https://www.workbetter.media/p/legal-risk-solopreneurs?ref=blog.annabyang.com):

> “Being strategic is just knowing your ‘why.’ *Why* you do something, from a legal perspective, is because you know what your legal risks are and you've prioritized them in your business.”

Operating without a solid contract opens you up to a lot of legal risk.

[How to Create a Freelance Contract (+5 Things to Include)Your contract can prevent some sticky situations.![](https://storage.ghost.io/c/fe/e9/fee9a30d-4c70-4bd2-af95-fe6abc8afd29/content/images/icon/annabyang-logo-light-orange-b5a73692-28f7-4ad5-b135-2c666e5d6390.png)Building SoloAnna Burgess Yang![](https://storage.ghost.io/c/fe/e9/fee9a30d-4c70-4bd2-af95-fe6abc8afd29/content/images/thumbnail/annabyang-freelancing-101-hero-image-26-302ea45d-a070-4e5f-bcc3-333695f016a4.png)](https://blog.annabyang.com/freelance-contract-protect-yourself/)

## 5 things every freelance contract should include

Here are the core elements that make a contract *actually* protective. These five items form the foundation of any freelance agreement, and they're straightforward enough to include in even the simplest contracts.

You can look for sample freelance contracts online. The Freelancer’s Union has a [free one](https://freelancersunion.org/contract/?ref=blog.annabyang.com) you can start with and modify. If you use Google Workspace, you can use the built-in e-signature feature to have your client sign.

### Scope of work

Define **exactly** what you're delivering: the deliverables, how many rounds of revisions you’ll do, how often you’ll meet with the client, and what falls outside the agreement. This is the best way to protect against scope creep.

Be *very* specific. Instead of a scope that says "Write blog posts," say "Deliver 4 blog posts, 800-1,000 words each, with 2 rounds of revisions included." The more detail, the better.

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****Tip:** If a client requests something additional, refer back to the language of the contract. You can reply, "That’s outside of scope, but I'm happy to do that for an additional fee.”

### Payment terms

Within the contract, state your rate, when you'll invoice, how payment will be made, and what happens if an invoice is late.

You can also include a **kill fee:** a portion of the project fee you'll receive if the client cancels mid-project. You don’t have to offer a kill fee, but sometimes it makes sense. I’ve only had to invoke a kill fee a handful of times, but it was because the project simply wasn’t possible, and I’d already put work into it.

Most of my contracts have Net 30 terms, meaning the client has 30 days to pay an invoice. If I'm doing a large project, I sometimes request a 50% deposit upfront.

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****Note:** In the U.S., some states have laws about what you can charge for a late fee. You have to follow the laws based on where the **client* is located, not where you are located.

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****Note:** Some states have laws **specifically* protecting freelancers (though very few). In Illinois, for example, the [Freelance Worker Protection Act](https://labor.illinois.gov/laws-rules/legal/freelance-worker-protection-act.html?ref=blog.annabyang.com) requires clients to pay double the amount of the invoice if they are more than 30 days late.

### Timeline and deadlines

In your contract, you’ll want to include:

- Project milestones
- Delivery dates (if known, or more generally, like “within 2 weeks”)
- What happens if feedback or approval from the client is delayed

This protects you if a client's slow responses impact your ability to deliver.

For example: "Client will provide feedback on deliverables within 5 business days. If feedback is delayed beyond that, project deadlines will be updated accordingly."

### Intellectual property and usage rights

Explicitly state who owns the work once you deliver it. Will the client own it completely, or do you retain some rights? If they're licensing it from you, what can they do with it?

This matters a lot depending on the type of work you do. In my line of work, it’s very standard that I transfer everything I write to the client. But in other cases, you might retain some rights to republish or reuse the work. There's no one right answer — just make sure it's in the contract.

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****Tip**: If you transfer rights to the client, make sure the rights do not transfer until **after* you are paid. You retain rights until then. This gives you some recourse if the client doesn’t pay.

## Termination clause

Explain how either party can end the agreement and how much notice is required. You’ll also want to outline payment for work that might be in progress. Do you finish the in-progress work, or do you end it and the client pays you a pro rata portion of the amount owed?

A simple version: "Either party may terminate this agreement with 14 days’ written notice. Client will pay for all work completed, all projects still in progress, and deliverables provided up to the termination date."

## Build from your baseline

A contract doesn't have to be complicated or intimidating. You can start with an online template and add any clauses that are specific to the type of work you do.

As you grow, you'll refine your contract based on your real experience with clients. Every time something comes up that makes me think, “I wish that were in my contract,” I add it. If you’re not comfortable making edits yourself, hire a lawyer who can make sure the legalese protects you.

[![CTA Image](https://storage.ghost.io/c/fe/e9/fee9a30d-4c70-4bd2-af95-fe6abc8afd29/content/images/2026/02/annabyang-cta-proposal-contract.png)](https://links.annabyang.com/aby-proposal-contract?ref=blog.annabyang.com) 

**Not sure where to get started with a client proposal or contract?*   
**Check out this free checklist and download a template.*

[Download ](https://links.annabyang.com/aby-proposal-contract?ref=blog.annabyang.com) 

💡

***Note:** *This blog post is for informational purposes only. It is not intended to be legal advice.*

## Common mistakes freelancers make with contracts

- **Starting work before the contract is signed.** Always, always wait for a signed agreement. Once you start, you're at risk.
- **Not including scope (or making it too vague)**. Vague language like "ongoing support" or "as needed" can come back to bite you. Be detailed about what you're committing to.
- **Not reading the non-compete clause.** If you’re signing a client’s agreement instead of your own, some clients slip in non-competes that restrict your ability to work with competitors. Push back if it's too restrictive.
- **Not having a late payment policy**. Even if you don’t charge a late fee or interest, your contract should state that any in-progress work will stop until any overdue invoices are brought current.

## FAQs

#### Do I need a lawyer to create a freelance contract?

You don't need a lawyer to write a basic freelance contract, but having one review it is worth the cost if you're consistently working with high-value clients. For most early-stage freelancers, a template or sample contract (modified for your work) is fine.

#### What if a client refuses to sign a contract?

That's a huge red flag. A client who won't put an agreement in writing is a client who's not protecting themselves either, and that usually means trouble down the line. Walk away if you can, or only work with them on very small projects where you're comfortable with the risk.

#### Should I use the client's contract or my own?

Ideally, your own. Client contracts are written to protect them, not you. That being said, you can start with their template and negotiate the terms that matter most, such as scope, payment terms, and IP rights. Don't let them pressure you into accepting everything as-is.

#### How do I handle scope creep without a contract?

You can't, really. Without a contract, you don't have a reference point to point to when the client asks for "just one more thing." Get a contract in place from the beginning.

#### What is a kill fee in freelancing?

A kill fee is the amount you'll be paid if a client cancels the project before completion. It's usually 25-50% of the total project fee, depending on how far along you are. It protects you from losing money on a project that falls through.

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