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Freelance Employment Contract Template for United States

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Key Requirements PROMPT example:

Freelance Employment Contract

"I need a Freelance Employment Contract for a web developer who will work on our company's e-commerce platform for 6 months starting January 2025, with specific IP protection clauses and milestone-based payments."

Document background
The Freelance Employment Contract serves as a crucial document in the growing gig economy, protecting both clients and independent contractors under U.S. law. This agreement is essential when engaging freelancers for specific projects or ongoing services, ensuring clear expectations and legal compliance. The contract addresses key aspects such as worker classification, intellectual property rights, payment terms, and scope of work, while maintaining compliance with federal and state regulations governing independent contractor relationships. It's particularly important given the increased scrutiny of worker classification and the rise of remote work arrangements.
Suggested Sections

1. Parties: Identification of the client/company and the freelancer, including full legal names and addresses

2. Background: Brief context of the freelance relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of work to be performed by the freelancer

5. Term and Termination: Duration of the agreement and conditions for termination

6. Compensation: Payment terms, rates, and schedule

7. Independent Contractor Status: Clear statement of freelancer's status as independent contractor

8. Intellectual Property Rights: Ownership and transfer of work product

Optional Sections

1. Non-Compete: Restrictions on working with competitors (include only when protecting business interests is crucial)

2. Non-Solicitation: Restrictions on soliciting clients or employees (include when protecting client relationships is important)

3. Equipment and Resources: Provisions regarding tools and resources provided by either party

4. Insurance Requirements: Required insurance coverage and liability provisions

Suggested Schedules

1. Schedule A - Scope of Work: Detailed breakdown of services, deliverables, and timelines

2. Schedule B - Fee Schedule: Detailed breakdown of rates, payment terms, and expenses

3. Schedule C - Project Timeline: Detailed project milestones and deadlines

4. Appendix A - Confidentiality Agreement: Detailed confidentiality terms if not included in main agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses

























Industries

Internal Revenue Code (IRC): Federal tax code governing the classification of independent contractors versus employees, determining tax obligations and reporting requirements

Fair Labor Standards Act (FLSA): Federal law that helps ensure proper worker classification and sets standards for employment relationships

IRS Guidelines: Specific IRS rules and the 20-Factor Test for determining independent contractor status

Copyright Act: Federal law governing intellectual property rights and ownership of work created during the contract period

Federal Insurance Contributions Act (FICA): Law governing Social Security and Medicare taxes, which treats independent contractors differently from employees

State Labor Laws: Varying state-specific regulations governing employment relationships and contractor classifications

State Worker Classification Rules: State-specific tests and criteria for determining independent contractor status, which may be stricter than federal standards

State Insurance Requirements: State-specific insurance obligations for independent contractors and freelancers

State Tax Regulations: State-specific tax requirements and reporting obligations for independent contractors

AB5 California Law: California-specific law affecting gig worker classification, using the ABC test for contractor status (relevant if operating in California)

DOL Guidelines: Department of Labor guidelines on independent contractor classification and relationships

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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