What Every Freelancer Contract Should Include

As a freelancer in South Africa, having a solid contract isn't just good practice—it's essential protection for both you and your clients. A well-drafted agreement prevents misunderstandings, protects your income, and establishes professional credibility.

Why Contracts Matter

Many freelancers start without contracts, relying on emails or verbal agreements. This works until it doesn't. Without a written agreement, you have limited recourse if:
- A client refuses to pay
- The project scope keeps expanding
- Disputes arise about deliverables
- Intellectual property ownership is questioned

Essential Clauses

1. Scope of Work

Clearly define what you will deliver. Be specific about:
- Exact deliverables (e.g., '5 blog posts of 1,000 words each')
- What's NOT included
- Number of revision rounds
- Format of deliverables

2. Payment Terms

Protect your income with clear payment terms:
- Total fee or rate (hourly/daily/project)
- Payment schedule (deposit, milestones, final payment)
- Payment method and currency (ZAR)
- Late payment penalties
- VAT inclusion/exclusion

3. Timeline and Deadlines

Set clear expectations:
- Project start date
- Key milestones
- Final delivery date
- What happens if either party causes delays

4. Intellectual Property

Address IP ownership clearly:
- When does ownership transfer? (Usually upon full payment)
- Do you retain any rights for portfolio use?
- Who owns work-in-progress if the project is cancelled?

5. Confidentiality

Protect sensitive information:
- What constitutes confidential information
- Duration of confidentiality obligations
- Exceptions (publicly available info, legal requirements)

6. Termination

Plan for the unexpected:
- Notice period required
- Payment for work completed
- Return of materials
- Kill fee for early termination

7. Limitation of Liability

Protect yourself from excessive claims:
- Cap your liability (often to the project fee)
- Exclude consequential damages
- Define what you're NOT responsible for

South African Considerations

• Contracts are governed by South African law unless stated otherwise
• The Consumer Protection Act may apply to some client relationships
• Electronic signatures are legally valid under the ECT Act

Get Started

Download our Freelance Service Agreement template to get started. Remember to customise it for your specific needs and consider having a lawyer review it.

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*Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for advice specific to your situation.*