You just got offered a freelance writing contract and the client’s sending over a copy for you to sign. You’re excited. Elated. Ecstatic.
But before you add your John or Jane Hancock, it’s important to review the contract carefully to make sure it doesn’t only cater to the client’s best interests. Otherwise, you could be left without an income and no notice if their budget changes or they make a new hire.
Here are the elements every freelance writer should pay attention to before signing a contract to protect themselves, their work, and their income.
Look for these clauses in your freelance writing contracts:
- Scope of work
- Payment terms
- Termination
- Ownership and copyright
- Confidentiality
- Exclusivity
- Independent contractor status
1. Scope of work
Scope of work in a freelance writing contract outlines specifics about the work you will be doing for the client, such as:
- What you’ll be writing, like long-form SEO content or microblogs
- The length of the content
- How many revisions or edits you’ll do
- Whether you’ll provide images, meta descriptions, or etc.
- If the content is new or you’re updating existing pieces
- The deadlines for your content and revisions
This section of the contract should be clear, concise, and descriptive, providing enough details to explain exactly what you’re being hired for without leaving room for misinterpretation.
For example, vague statements like “writer will provide a blog post each week” could mean anything from 500 to 5000 word pieces, making it hard for you to not only schedule your time but impacting your budget if you’re on a flat rate.
2. Payment terms
Payment terms don’t only refer to your rate of pay, but also:
- When the client will pay you (like on a 30-day billing cycle or once every two weeks)
- When you are expected to send invoices by (like once a month)
- How you will be paid
- What happens if the client pays late
- What your invoices should include (like article titles or a purchase order number)
- The payment structure (per word, per hour, flat rate, etc.)
- The currency you’ll be paid in
- Advance payments or deposits
If you start out at a lower rate, you may also want to include a clause that states you can renegotiate payment after a specified period of time, like 90 days.
3. Termination
You know a client can terminate a contract, but did you know you have just as much of a right to fire them if things don’t work out as planned?
Most freelance writing contracts from clients include a clause that says they can end the agreement with certain stipulations, but you can make your position a little more secure by requesting a termination clause that:
- Defines a specific notice period, like 30 days, so you have time to find a new client or adjust your budget before the work ends
- States either party can immediately terminate the contract if the terms are breached, like if the client doesn’t pay you on time
- Says you will be compensated for the notice period if the contract is terminated early
- Clarifies that you can cancel the contract at any time and outlines how the client will accept notice, for example via email
For example, let’s say a client has a bad quarter and needs to terminate your 12-month contract. By including these terms, they would have to provide you with 30-days notice. If they didn’t have a month’s worth of work for you to do, they would still need to pay you for those 30 days due to the early termination clause.
4. Ownership and copyright
Most of the time, clients in freelance writing contracts own the content you write. But you may want to ensure you’re able to:
- Use the content in a portfolio
- Publicly state that you wrote the content
For example, with ghost written content, some clients want the work to appear as though it was written by them. In that case, they may not be comfortable with you claiming the content in your portfolio or on LinkedIn, which may also be covered in a non-disclosure or confidentiality clause.
If you want the content to be attributed to you, you can also use an ownership clause to outline that your work must include a byline as long as it makes sense for the project in question.
5. Confidentiality
Confidentiality and non-disclosure clauses in freelance writing contracts refer to whether you can share information about the work or not.
While this is meant to protect sensitive information, like customer data, business insights, or insider knowledge, confidentiality clauses should still have limits. As a writer, review any non-disclosure terms in your freelance writing contract to make sure it outlines:
- What counts as confidential information, like data reports or customer information
- How long the confidentiality clause will last after the contract ends
- What the clause doesn’t include, like information that is publicly available
- Whether you have the right to disclose the work in your portfolio or on your website
6. Exclusivity
In a freelance writing contract, exclusivity usually refers to whether you can work for a client’s competitors. While some clients may request exclusivity, it should be in exchange for something beyond a basic contract. Since they’re requesting you don’t generate income from other potential clients, they should be offering something in exchange, like a higher rate of pay, a long-term contract, or a retainer.
If a client does request exclusivity, review the clause to make sure it includes:
- The scope of the exclusivity, like whether it applies to everything or a single project
- How long the exclusivity period is for
- The compensation you will receive for agreeing to exclusivity
- Any exceptions or limitations, like like specifying which competitors you can’t work with
- Geographic limitations, for example whether it only applies to clients in the U.S.
- If the exclusivity is industry specific, as in you can’t work for another unicorn onesie company but you’re free to work for general apparel companies
- What the clause means by “competitors”, such as who they are, what they do, or the specific market segment they operate in
7. Independent contractor status
This clause is what sets you apart from employees. While the client will need it to say you pay your own taxes and cover the costs of your supplies, there are other elements that can help you protect you as well. For example, the independent contractor terms in your freelance writing contract should:
- Confirm that you are an independent contractor and not an employee
- State that you set your own hours and availability
- Outline that you have control over when, how, and where you complete your work
- Clarify that you are allowed to work for and with other clients (unless you have an exclusivity clause)
- Say whether you have the right to subcontract or delegate work to another contractor
Protecting yourself on paper
Being a freelancer already comes with a lot of uncertainty, like how long you’ll have work for and when you’ll get paid.
One of the best things you can do for yourself is to understand and optimize your freelance writing contracts to ensure that you’re protected if things go awry. That way, even if a contract ends early or the scope of the work changes, you’ll have legally sound clauses to fall back on. Take the time to review every freelance writing contract that comes your way and don’t be afraid to ask for changes and revisions before you sign it. If a client refuses to make reasonable changes to accommodate your needs, they may not be worth working with.