Free Individuals & Personal generator
Freelance / Gig Contract (Individual Side)
A freelancer-favorable contract for independent work: clear scope, a payment schedule that gets you paid, a deposit, kill fee, IP that transfers only when you're paid, and late-fee teeth.
What is a Freelance / Gig Contract?
A Freelance / Gig Contract (Individual Side) is a freelancer-favorable contract for independent work: clear scope, a payment schedule that gets you paid, a deposit, kill fee, IP that transfers only when you're paid, and late-fee teeth.
Freelancers, creators, consultants, and gig workers who keep getting stiffed by vague verbal deals, and small clients who want a fair, plain agreement instead of a one-sided corporate MSA.
Freelance / Gig Contract template, current for 2026
Written from the freelancer's side, with a deposit, milestone payments, a kill fee, IP that assigns only on full payment, late interest, and scope-creep change orders. It is worker-classification and ABC-test aware so it reads as genuine independent contracting, carves out portfolio use and AI training for the freelancer's work, carries a 1099 and estimated-tax note, and provides for e-signature.
How HDAi does this differently
Unlike a static form, HDAi runs a guided interview and assembles your Freelance / Gig Contract as you answer. When you want it finished, a licensed Hart David Carson attorney reviews it and tailors it to your facts before you sign. The interview and the first draft are automated. The judgment belongs to an attorney.
What you’ll be asked
A short interview in plain language that asks only what this document needs.
- What is the effective date of this agreement? The date the contract takes effect. This anchors deadlines, late-fee accrual, and the term.
- Your details (the Freelancer / Contractor) You are the service provider. This is the party the contract is written to protect, so we capture your legal name and address for notices and payment.
- Are you contracting as an individual or through a business entity? Whether you sign personally or through an LLC/S-corp changes the signature block and how you're described.
- What type of entity are you? (e.g., single-member LLC, S-corporation) Used in the recitals and signature block so the entity is described correctly.
- Name and title of the person signing for your entity The authorized signatory. Only needed when you sign through an entity.
- The Client's details The party hiring you. We capture their legal name and address to bind the correct entity and to serve notices.
- Name and title of the person signing for the Client Who signs on the Client's behalf, so the signature block names an authorized representative.
- Which U.S. state's law governs this agreement? Sets governing law, the legal venue, and which late-fee/interest rules apply. Pick your home state where possible; it is cheaper to enforce close to you.
- County and state for the courts that will hear disputes Fixes the forum so you aren't dragged to the Client's distant home court.
- Describe the services / deliverables you will provide The scope. A tight, specific scope is your best defense against unpaid 'scope creep'; list exactly what is included.
- Anything explicitly OUT of scope? (optional but recommended) Naming what you will NOT do stops the Client from later claiming it was included for free.
- When does the work start? Anchors the schedule and any milestone dates.
- Is there a target completion date? Optional. If the timeline depends on Client feedback, you may prefer to leave this open and rely on milestones.
- Target completion date Your good-faith target. The template makes clear timing depends on the Client's timely input.
- How are you charging? Determines the payment section. Fixed-fee projects use a deposit + milestone schedule; hourly/rate work bills on cadence.
- Total project fee (fixed-fee projects) The full price for the defined scope. Used to compute the deposit and milestone amounts.
- Your hourly rate Your billing rate. Set the number your time is actually worth; this is a floor for change-order work too.
- Estimated hours or a not-to-exceed cap (optional) A good-faith estimate. The template treats it as an estimate only, not a guaranteed maximum, unless you say otherwise.
- Deposit required before you start Your money-up-front. A deposit filters out flaky clients and funds your early work. It is non-refundable once you begin, to the extent the law allows.
- Is the deposit a flat amount or a percentage of the fee? Affects how the deposit is described and credited against the total.
- Deposit as a percentage of the total fee Common is 25 to 50 percent. The higher the deposit, the less you're exposed if the Client walks.
- Payment schedule / milestones (fixed-fee projects) Break the fee into stages tied to deliverables so you're paid as you go, not all at the end. List each milestone, what triggers it, and the amount.
- How often do you invoice (hourly work)? More frequent invoicing means less unpaid time at risk if things go sideways.
- Payment is due within how many days of each invoice? Net terms. Shorter is better for your cash flow; Net 7 or Net 14 is freelancer-friendly.
- How should late payments be penalized? Late-fee teeth. A monthly interest charge plus a flat fee gives clients a real reason to pay on time.
- Monthly late-payment interest rate Applied to unpaid balances. 1.5%/month (18%/yr) is standard and generally enforceable; the template caps it at the legal maximum for your state.
- Flat late fee per overdue invoice A fixed penalty that kicks in when an invoice goes past due.
- After how many days overdue may you suspend work? Your stop-work trigger. The right to down tools on nonpayment is a strong lever, so keep this short.
- Include the Freelance Worker-Protection Law rider? Several jurisdictions now have 'freelance isn't free' laws with written-terms and payment-timing rules and a double-damages-plus-fees remedy (Illinois eff. 7/1/2024, New York State eff. 8/2024, NYC, Los Angeles, Columbus, Seattle). Turn this on if you perform work in one of them; it is the sharpest collection lever in the contract. If off, the document still preserves any statutory remedy generally.
- How is the kill fee (early-termination fee) set? Your protection if the Client cancels mid-project. It compensates you for reserved time and lost work beyond what you've already invoiced.
- Kill fee percentage of the remaining fee Common is 25 to 50 percent of the unbilled balance. This is on top of amounts already earned.
- Flat kill fee amount A fixed sum due on Client cancellation, in addition to work already delivered.
- How many rounds of revisions are included? Caps free rework. Anything past the included rounds is billed at your rate. This is where a lot of unpaid scope creep hides.
- Rate for revisions past the included rounds (optional) If blank, extra revisions bill at your standard hourly rate. Filling this in makes the charge explicit.
- Will the Client reimburse out-of-pocket expenses? Covers costs like stock assets, fonts, plugins, or travel so they don't eat your fee.
- Expenses above this amount need advance written approval Lets you incur small costs freely while protecting the Client from surprises on big ones.
- What IP does the Client get once fully paid? The IP-on-payment lever. Until you're paid IN FULL, you keep all rights; on final payment, the Client gets what you choose here. Assigning everything commands a higher fee and now carries full work-made-for-hire, patent, trade-secret, and moral-rights rigor.
- Describe the license granted to the Client If you license rather than assign, define how they may use the work (media, territory, duration, exclusivity). AI/ML training is excluded automatically.
- Do you want to keep the right to show the work in your portfolio? Lets you display and credit the finished work as a sample; valuable for winning future clients.
- Keep ownership of your pre-existing tools, templates, and know-how? Carves out your reusable toolkit (code libraries, brushes, templates) so an assignment doesn't strip your ability to work. Either way, the contract reserves your right to use your general skills and know-how, including with AI tools.
- Include a mutual confidentiality clause? Protects both sides' sensitive information. Mutual (not one-way) keeps it balanced in your favor.
- Confirm you are NOT agreeing to any non-compete or exclusivity The freelancer-favorable default. You stay free to work for others, including in the same field. Keep this unless you have a specific reason not to.
- Describe the limited exclusivity terms Only if you agreed to some exclusivity. Keep it narrow and time-boxed, and price it accordingly.
- Cap your total liability at what amount? Limits your worst-case exposure. Capping at fees paid is standard and strongly protects an individual freelancer.
- Fixed liability cap amount Your maximum total exposure. Keep it modest. A freelancer is not an insurer.
- How should disputes be resolved? Sets the path if things go wrong. Small-claims-friendly terms and mediation-first keep costs down for an individual.
- Should the losing side pay the winner's attorneys' fees in a collection dispute? A fee-shifting clause makes it economical to chase an unpaid invoice; a big equalizer for a solo freelancer.
- Your email for notices and invoices Where formal notices and billing are sent to you.
- Client's email for notices Where you send formal notices and invoices to the Client.
- Section number: Intellectual Property (auto-computed; do not edit) Internal numbering helper. Set automatically from the presence of the Expenses section.
- Section number: Term/Termination (auto; do not edit) Internal numbering helper.
- Section number: Client Responsibilities (auto; do not edit) Internal numbering helper.
- Section number: Representations (auto; do not edit) Internal numbering helper.
- Section number: Limitation of Liability (auto; do not edit) Internal numbering helper.
- Section number: Indemnification (auto; do not edit) Internal numbering helper.
- Section number: Confidentiality (auto; do not edit) Internal numbering helper.
- Section number: No Restrictions (auto; do not edit) Internal numbering helper.
- Section number: Dispute Resolution (auto; do not edit) Internal numbering helper.
- Section number: General (auto; do not edit) Internal numbering helper.
- Short subtitle for the document header (optional) A brief descriptor shown under the title, e.g., the project name.
Frequently asked
About the Freelance / Gig Contract and how HDAi works.
What is a Freelance / Gig Contract (Individual Side)? +
A Freelance / Gig Contract (Individual Side) is a freelancer-favorable contract for independent work: clear scope, a payment schedule that gets you paid, a deposit, kill fee, IP that transfers only when you're paid, and late-fee teeth. Freelancers, creators, consultants, and gig workers who keep getting stiffed by vague verbal deals use it, and so do small clients who want a fair, plain agreement instead of a one-sided corporate MSA.
Is HDAi's Freelance / Gig Contract (Individual Side) legally binding? +
Yes, once it is completed, reviewed, and properly signed; until then the professionally drafted Freelance / Gig Contract (Individual Side) HDAi generates is a draft. A licensed Hart David Carson attorney can finish it after a planning call. The firm's flat-fee packages, the Illinois Family Plan and Company Launch, cover the most common needs, and for any other draft an Illinois attorney will tell you on the call what finishing it would involve.
Do I need a lawyer to use this Freelance / Gig Contract (Individual Side)? +
You can generate and download the Freelance / Gig Contract (Individual Side) in minutes, free of charge. A licensed Hart David Carson attorney can then review it and tailor it to your facts before you sign, which is the part no template can do.
What makes this Freelance / Gig Contract (Individual Side) current for 2026? +
Written from the freelancer's side, with a deposit, milestone payments, a kill fee, IP that assigns only on full payment, late interest, and scope-creep change orders. It is worker-classification and ABC-test aware so it reads as genuine independent contracting, carves out portfolio use and AI training for the freelancer's work, carries a 1099 and estimated-tax note, and provides for e-signature.
How long does the Freelance / Gig Contract (Individual Side) take? +
Estimated time about 30 min (60 questions), depending on how much you already know. The document assembles as you answer. Export it as PDF or Word, or send it to a Hart David Carson attorney for review.
Does this Freelance / Gig Contract (Individual Side) work in my state? +
HDAi's interview is state-aware. If you ask an attorney to finish the draft, a licensed Hart David Carson attorney confirms it against your state's requirements before you rely on it. Validity and required formalities vary by state.
Individuals & Personal
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