Legal Disclaimer
This is not legal advice. This is just a freelancer with years of mistakes showing you what worked for me. Every country has different rules. Talk to an actual lawyer before using any of this. We will all hire you eventually, we are working on it.
Kill Fee
Critical ProtectionWhy You Need This
If they cancel the project after you have already started, you keep a percentage of the total fee. Without this, you get nothing for all the time you spent on strategy, research, and planning. Clients who know they are flaky will push back on this clause. That tells you everything.
Example Language
When to Use It
Every single project. No exceptions. Especially with new clients or clients in industries known for changing their minds often like startups, agencies, or companies going through restructuring.
Scope Clause
Critical ProtectionWhy You Need This
Anything outside the original brief is a new quote. This stops clients from asking for just one more thing over and over until you have done triple the work for the same price. Scope creep will kill your hourly rate faster than anything else. This clause gives you permission to say no or charge more.
Example Language
When to Use It
Every project, especially ones where the client is not sure what they want yet or where stakeholders keep changing. If they say we will figure it out as we go, this clause is non negotiable.
Approval Deadline
Time ProtectionWhy You Need This
No response in X days means approved. This stops projects from dying in approval hell while you wait for feedback that never comes. Some clients will sit on your work for weeks and then ask for changes based on outdated information. Automatic approval keeps projects moving and protects your timeline.
Example Language
When to Use It
Projects with multiple approval steps, clients with slow internal processes, or any project where you need to move fast. Especially important if you have other clients waiting or tight deadlines downstream.
Late Payment Fee
Critical ProtectionWhy You Need This
Automatic fee, not a conversation you have to start. When clients know there is a real consequence for paying late, they pay on time. Without this, you are the one sending awkward reminder emails while they treat your invoice like a suggestion. The fee should hurt enough to matter but not so much that it feels punitive.
Example Language
When to Use It
Every contract, every time. Especially with clients who have a history of slow payment, big companies with complex AP departments, or any client paying on net 30 or longer terms.
Portfolio Rights
Critical ProtectionWhy You Need This
Your work, your portfolio, full stop. Some clients will try to prevent you from showing the work you did for them. That means you can not use your best work to get your next client. This clause protects your right to display your work publicly unless there is a real NDA or confidentiality reason.
Example Language
When to Use It
Always. The only exceptions are actual NDAs covering unreleased products, sensitive financial data, or legally protected information. If a client wants to hide your work just because, that is a red flag about how much they value your contribution.
Revision Limit
Scope ProtectionWhy You Need This
Sets a clear limit on how many rounds of revisions are included in your price. Without this, some clients will ask for endless tweaks until you have redesigned the entire project five times. Common limits are 2-3 rounds depending on the type of work. After that, charge hourly or per revision.
Example Language
When to Use It
Design work, writing projects, anything subjective where the client might have opinions. Especially important with clients who have multiple stakeholders giving feedback or clients who are indecisive.
Payment Schedule
Cash Flow ProtectionWhy You Need This
Breaks payment into milestones instead of waiting until the end. For big projects, waiting 3 months to get paid is a cash flow nightmare. A deposit upfront also filters out clients who are not serious. Common splits are 50% upfront and 50% on delivery, or 33% at start, 33% at midpoint, 34% at completion.
Example Language
When to Use It
Any project over your normal project size or timeline. If it takes more than 2 weeks to complete, break it into payments. Always get a deposit from new clients, even for small projects.
Termination Clause
Exit ProtectionWhy You Need This
Defines how either party can end the contract and what happens to payment and deliverables when they do. Protects both you and the client if the relationship is not working. Without this, termination becomes a legal mess and you might not get paid for work already completed.
Example Language
When to Use It
Every contract, especially retainers or ongoing arrangements. This protects you if the client becomes difficult and protects them if your work is not meeting expectations. Both parties should be able to exit cleanly.
Expenses Clause
Cost ProtectionWhy You Need This
Clarifies which expenses are included in your fee and which are billed separately. Common reimbursable expenses include stock photos, fonts, software subscriptions needed for the project, or travel costs. Get approval before spending client money and keep all receipts.
Example Language
When to Use It
Projects where you might need to purchase assets or tools on the client's behalf. Creative work, production projects, anything requiring third party services or materials. Set a threshold amount that requires approval to avoid surprises.
Rush Fee
Time ProtectionWhy You Need This
Charges extra when the client needs work completed faster than your normal timeline. Your time is worth more when you have to drop everything else to prioritize their emergency. Rush fees are typically 25-50% on top of your normal rate depending on how tight the deadline is.
Example Language
When to Use It
Include it in every contract even if you do not plan to accept rush work. This sets the expectation that fast turnarounds cost more. When a client has a real emergency, you have the structure already in place to charge appropriately.
Client Responsibilities
Dependency ProtectionWhy You Need This
Lists what the client needs to provide for you to do your job. Things like timely feedback, access to systems, brand assets, stakeholder availability, or source files. If they do not hold up their end, the timeline shifts and it is not your fault. This protects you when client delays cause project delays.
Example Language
When to Use It
Any project that depends on the client giving you something. Writing projects that need subject matter expert interviews, design work that needs brand assets, technical work that needs system access. If you can not finish without their input, spell out exactly what you need and when.
Intellectual Property Transfer
Ownership ProtectionWhy You Need This
Specifies when ownership of the work transfers from you to the client. Common practice is that you own it until they pay in full. This gives you leverage if they try to use your work without paying. Some freelancers retain ownership of concepts and process work, only transferring final deliverables.
Example Language
When to Use It
Every creative project. Design, writing, video, photography, anything you create from scratch. This is especially important with clients who are slow to pay or clients you do not fully trust yet. No pay, no ownership.