Making a freelance contract is a daunting task. You may spend a lot of time and resources trying to get one on your own. The best way to save yourself the trouble is by using a freelance contract creator.
If you want to be a successful freelancer, you should know that freelancing goes beyond acquiring new clients regularly. It also means building a business. One way to do business professionally with your clients is by always using a freelance contract. It has been said many times that a contract is the best way to protect your business and manage your client's expectations.
However, many freelancers do it wrong. And these mistakes can cost you a lot of money. One of these common mistakes is not having a contract in place. Spare yourself from monkey business, thinking that everything will go down smoothly. Period. Here's a good sample by Ash Dryden.
Apparently, nobody is perfect. Describing your dispute resolution in the contract will save you from trouble. Intellectual property rights are a priority - whether you take on a work for hire or a consultant (i.e. developing creative ideas, designs, business strategy, etc.) role, it's important that your client upholds your IP rights correctly.
Freelancing is business. Work out your rate with a client until both parties arrive at an agreeable term. Never give in too easily without taking your best interest in mind, otherwise, you might yourself in an unfavorable situation.
If you believe that a 14-day timeframe for a project that'd normally take 30 days to finish is unrealistic, you should say so to the client.
Don't you want to secure a consistent cash flow out of your freelance projects? Get paid in a timely manner, which you can obligate the client to do so by letting him sign your contract.
Contracts are defined as voluntary agreements between two or more parties that show each party’s obligations and rights. Written and oral contracts are legally valid. However, for a business, a written contract is more favorable. The traditional “handshake” contract has led to a lot of disputes and issues. The complexity of modern business resulting from disputes, employment regulations, accounting procedures, and subsequent litigation has made it mandatory for businesses, irrespective of size, to have written contracts. To understand contracts better, you will need to know their classification as well as their contents and benefits.
Majority of business contracts are simple. These types of contracts can be made by action, verbally, or by writing. A simple contract is one whereby one party makes a promise to deliver or do something for the other party or parties. In turn, that party returns the favor by doing something for the other party. For instance, when you sell your services to a client, the client will pay you for the said services. It means that both parties have done something to uphold the contract.
A unilateral contract is whereby one party performs a service or does something expecting an act by the other party. For example, if you lose your phone, you can advertise a reward for the recovery of the same. When an individual brings you the phone, and you offer the reward, it is a unilateral contract.
Deeds is another type of contract, which is a little bit more complex. Let’s say you are selling your car to someone. You will need to come up with a contract that states the payment terms and conditions. The contract has to be signed by you, the seller, and the other party, the buyer. Additionally, each party needs to provide a witness who will sign the contract. This type of contract is also important when dealing with mortgages and sale of land and/or property.
Now that you know the types of contracts, you will need to know what it entails. Most people assume a contract is a simple document outlining the basics of an agreement to do business between two parties. Though this may be valid, it may not be enforceable. To ensure you get a good contract, you may need to solicit the services of a freelance contract creator. This is the most affordable and simplest way to come up with a contract.
Parts of a good contract should include the following:
The first thing you will note when you start using a contract maker is the details of the contract. You will notice such a contract will have more details than you had earlier thought necessary. Usually, a good contract will consist of acceptance of an offer, the offer being proposed, and consideration. In this case, consideration basically means remuneration or compensation for the work done. Contracts are legal agreements designed to ensure that each party understands the details of the agreement they are making.
With a contract, the parties involved will become serious about their goals and actions. They will strive to work out precise details of their venture. Consultations will be made about earnings, services, warranties, payments, obligations, and penalties, if any, for non-performance. With this in mind, a freelance contract creator should provide you with everything you need to come up with a contract that will suit your needs.
The offer is the first element of any freelance contract. The offer is also known as an “invitation to treat.” This is done by the client stating they are open to accepting freelancers. The same model will also work in brick and mortar settings. If you advertise your products or services, you will be offering customers the chance to accept them. In this case, you as the advertiser make an offer.
Acceptance is the second part of the contract. This is where an offer made by an individual is accepted by another individual or individuals. Using the example above, when you advertise, and a person decides to come in or contact you to purchase goods or services, it is known as acceptance. What is in an offer and acceptance will vary depending on the type of business. In a contract, the details of acceptance are usually made by a party stating the willingness to enter into an agreement based on the offer. It may be expressed verbally or written and be directed to one person or several individuals. A freelance contract creator will help you understand such details and how to fill them in.
The third element of the contract is capacity. The fourth is there should be lack of any undue influence on either party. According to the law, which works in most countries around the world, individuals who enter a contract must be in good physical and mental health. This means the person going into a contract with another individual must not be suffering from any physical or mental health conditions. If such conditions exist, they must be in a capacity that they will not influence the affected party from making sound decisions.
Furthermore, all parties in a contract need to be of legal age. They should also not be under any influence, alcohol, threats, and so forth, to enter into a contract. For example, a contract developed and signed by a party who was under duress, let’s say at gunpoint or being blackmailed, will not hold up in court. This is normally referred to as genuineness of a contract. It simply means that both parties in the contract entered it freely and they made the decision with a sound mind.
A freelance contract creator will help you understand these terms. It will also guide you to help you know if you are going in the right direction. Some of the terms used in the contract will be explained by the creator to ensure what you are including in the contract will not come back to haunt you in the future. Additionally, the contract creator will give you ideas and examples of contracts that will be best for your particular situation.
These are the last three elements of a freelance contract. The intention is simply the promise to do something or plan of doing something. In a contract, it means that both parties plan on the contract to have legal ramifications should either party decide to breach the contract. This means that if one party fails to meet their end of the bargain, the other party may decide to take legal action against them using the contract as evidence.
Legality in this context means the contract should be enforceable. This means it should be drawn up in a way that it conforms to the laws of the said region. In most cases, the law does not concern itself with social or domestic matters. The law comes in only when both parties decide to draw up a contract that is legal. In some cases, a contract must follow specific guidelines before it is said to be legally binding. For example, most states in the US require every business to issue credit to customers only after they have a written agreement. Take note the purpose of the credit being offered must be legal. For example, selling contraband on credit will not be legally binding even if there was a written agreement.
The good thing about a freelance contract creator is the ability to show you if your contract is legally binding. There are terms used in a contract that you may not understand or may not have any legal impact. When you use a contract creator, you will have an explanation of these terms. At the same time, it will offer you suggestions that will be best for your particular needs.
The term is used when one of the parties fails to deliver their end of the bargain, or if one essential element is missing. The party that feels there has been an injustice or unfair treatment can sue for compensation. The end result will mean the contract has become unenforceable, voidable, or void. When a contract is void, it means that there was no point where the document was legal. Any money or goods that may have exchanged hands must be returned to the person who provided the same. A contract is termed as void when an essential element is missing.
A voidable contract is when the majority of the essential elements are present, but they have been inserted there using false pretenses. In a court of law, the judge is likely to demand anything obtained using the contract be returned to the party or parties who gave them. However, this can only work when goods or money are involved, since services cannot be returned. Lastly, an unenforceable contract occurs when one party does not comply with the terms and continually refuses to do so. Although the contract is valid at this point, it may take a lengthy court procedure for the party to comply.
To avoid all these issues and risks, it is wise to make use of a freelance contract creator. It will ensure you know how to make a contract valid. It will also give you suggestions on some clauses you can include ensuring you are fully protected from a breach of contract.
Apart from the above, there are some terms you may need to know about when looking for a freelance contract creator. The most common and popular are:
During the contract negotiation process, prospective business venture partners get a chance to evaluate each other’s personalities. In this case, you should gauge the attention the other party spends on details. This will give you an insight to their seriousness and commitment about the business venture. For instance, be careful about a party that speaks generally and does not seem keen on studying the details.
Most countries have employment laws that stipulate broad conditions with regards to firing and hiring of employees. At the same time, the conditions include benefits of employees which is not limited to their salaries. This may work well for an employer and employee situation. However, for freelancers, there is a difference between these laws. Courts normally consider the freelancer to be an employee and the client as the employer since there are very few countries with laws concerning freelancers.
A freelance contract creator will help you set out a freelancer offer. It will include the probation period, benefits and remuneration, and responsibilities of the job where applicable. It will also help you know how to ensure you are covered should the contract be terminated prematurely. Clauses will be suggested where you can add your requirements. For example, if you are in odd jobs, there should be a clause stating who is to pay for any accidents that may cause injury while you are working. A detailed contact will ensure you are covered as a freelancer, while also protecting the client should you fail to perform or meet what you’re meant to do.
In some cases, you may find non-disclosure and confidentiality agreements are required. This may be especially the case when you are a freelancer dealing with the launch of a brand of similar work. These bind the parties to ensure the other party does not worry about their competition getting commercial, technical, or market-sensitive information. As a freelancer, you will need to know the importance of such agreements. Clients who do not see this in the contracts you draw up may decide to use another freelancer.
When you use a good freelance contract creator, you will have the option of creating such an agreement. It can be done separately or combined with your contract. You can do one and provide it with your contract to your client. This way, they will be impressed with your initiative. Some may even prefer having the agreement in place even if they do not have sensitive information.
Now, if you think you're ready to correct these mistakes, let our Freelance Contract Creator help you out.