Top 5 Non-obvious Contract Clauses Every Creative Freelancer Should Include
As a creative freelancer, your day might begin with a fresh cup of coffee, a long to-do list, and a sense of excitement. You're juggling multiple client projects—maybe you're designing logos, editing videos, or writing content. You're your own boss, and you love the freedom. But with that freedom comes a unique set of challenges.
Just as you're about to submit a project, a client sends over a list of “small” changes.
Another client suddenly ghosts you while you’re waiting for feedback.
And yet another wants to keep your work under wraps, forbidding you from adding it to your portfolio.
These situations can make you feel like you're constantly putting out fires instead of focusing on creating your best work. Unfortunately, these scenarios are all too common for creative freelancers.
The difference between a smooth, profitable project and a nightmare often comes down to one thing—a well-crafted contract.
When these situations pop up, a contract usually makes them less stressful to navigate. At least it should. It depends on what's in your contract! In our experience most contracts utilized by creative freelancers or businesses tend to have some payment terms, with a pretty general scope of work. Leaving out key relationship setting clauses that can help manage the working relationship later down the road.
Here, we'll share five of our best-practice clauses that every creative freelancer should include in their contract. By the end, you'll know how to safeguard your business with a contract that's as creative and precise as the work you deliver.
1. A Detailed Scope of Work
Okay, so if you have a services contract you're already implementing you probably have a "Services" or "Scope of Work" clause. However, the question is, is it up to par?
You see, most freelancers and service professionals make the mistake of leaving this section of their contract too broad or too vague. Not only does this make the contract voidable (in law we call this "void for vagueness") for failing to include sufficient detail, but it also makes it vulnerable to scope creep.
What is Scope Creep? Let’s say you're a graphic designer hired to create a logo and a set of brand guidelines. Midway through the project, your client asks for additional mockups. Then they start requesting more than the scheduled amount of meetings, and next thing you know, you're spending A LOT more time than you originally hoped for on this project. Because the expectations weren't first laid out anywhere before, you might feel pressured to accommodate these requests without extra pay.
That's why the scope of work clause is your first line of defense against scope creep. Freelancers should take every opportunity they can in the scope of work or "Services" section of their contract to define what the project entails, including specific deliverables, timelines, the number of revisions allowed, and what's specifically outside the scope unless the required fees are paid.
By outlining these details upfront, you set clear expectations with your client and protect yourself from taking on more work than you initially agreed to.
A detailed scope of work clause not only ensures that you get paid for any additional work but also helps maintain a healthy working relationship with your client by avoiding misunderstanding, last-minute changes, and uncomfortable drawn out disputes over what they're paying you for.
2. Boundaries Clause
As a freelancer, maintaining a healthy work-life balance is essential to prevent burnout, but it can be challenging when clients expect you to be available around the clock. This is where a boundaries clause comes into play.
A boundaries clause clearly outlines your availability, response times, and communication preferences. For instance, you can specify your working hours, the best ways to contact you, and how quickly clients can expect a response. You can also define your policy for handling urgent requests or weekend work, including any additional fees for off-hours work.
Including a boundaries clause in your contract sets the tone for professional communication and helps manage client expectations leading to happier clients. It also ensures that you're not overwhelmed with last-minute requests and that your clients understand and respect your work hours.
3. Non-satisfaction Clause
One of the most challenging aspects of being a creative freelancer is the subjective nature of your work. Sometimes it can feel like there are clients who are never satisfied, no matter how hard you try. They may request endless revisions or complain about the quality of work without providing clear feedback. Or worse they may refuse to pay simply because they “don’t like” what you submitted.
A non-satisfaction clause can help protect you from these situations.
This clause makes it clear that your fee is earned by your performance of the services, and the fee is not conditional on the other party's subjective satisfaction of the results. It makes it clear that their dissatisfaction of the end results does not entitle them to not pay you.
You can also use this section of your contract to limit the number of revisions and provide a clear process for resolving disputes. For example, you might include a provision stating that if the client is still unsatisfied after a certain number of revisions, the project will be considered complete, and additional changes will require a new contract or incur extra fees.
This clause is vital for ensuring that projects don't drag on indefinitely, that you're fairly compensated for your effort and that your creative expertise is acknowledged and respected. It also helps prevent clients from taking advantage of your willingness to accommodate their requests.
4. Intellectual Property Clause
As a creative business, your intellectual property (IP) is one of your most valuable assets. However, without a clear IP clause, you might inadvertently give up more rights than you intended or find yourself in a dispute over ownership. And this clause is your leverage for negotiating your pay rate as well - the more rights the client wants, the higher the price and maybe vice versa!
An intellectual property clause defines who owns the rights to the work you create and under what conditions. For instance, you can specify whether the client receives full ownership of the work, a license to use it, or if certain rights are retained by you, such as the right to use the work in your portfolio.
This clause is crucial for protecting your creative output and ensuring that you retain control over your work. It also clarifies what the client can and cannot do with the work, preventing potential legal issues down the road.
5. Client Actions/Omissions Clause
Providing any creative, consulting, or coaching service often requires close collaboration with clients, but what happens if a project is delayed due to the client’s actions—or inaction? A client actions/omissions clause can help protect you in such cases.
This nifty clause specifies that the client is responsible for providing necessary materials, feedback, and approvals in a timely manner. It also outlines the consequences if the client fails to do so, such as extending the project timeline, adjusting the scope, or incurring additional fees. Most importantly, it absolves you of any liability for failing to meet certain deadlines or standards.
By including a client actions/omissions clause, you ensure that you’re not held responsible for delays or additional costs caused by the client’s lack of responsiveness. It also encourages clients to stay engaged and proactive, helping the project move forward smoothly.
Closing Argument
Contracts are more than just legal jargon on paper—they're tools that help you maintain healthy client relationships, while protecting your time, income, and your creative freedom. There are a few more best practice clauses we typically implement in our service agreements, but including these five non-obivous, recommended clauses in your contracts will make your contracts about 90% better than others in your industry.
But remember, every creative business is unique, and so are its legal needs. If you're unsure about how to draft these clauses, or if you want to ensure your contracts are airtight, purchase one of our templates. We make sure that ALL these types of clauses are included in our contracts, so you never have to sweat.
Investing in a solid contract is one of the best decisions you can make for your business—it's a small price to pay for peace of mind and long-term success.
*Disclaimer: The above information is for general educational purposes only. Nothing in this blog article should be taken as legal advice. Reading this article does not form an attorney-client relationship with us. An attorney-client relationship is formed through a signed engagement agreement. If you would like further information or are seeking legal advice, we recommend reaching out to a lawyer you trust.