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Freelance Software Developer Contract Template for United States

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Key Requirements PROMPT example:

Freelance Software Developer Contract

"I need a Freelance Software Developer Contract for a 6-month mobile app development project starting January 2025, with specific provisions for source code ownership and weekly milestone deliverables."

Document background
The Freelance Software Developer Contract is essential for businesses and individuals engaging independent software developers in the United States. It provides a formal framework for project execution, protecting both parties' interests while ensuring compliance with U.S. federal and state regulations regarding independent contractor classification. This document typically includes detailed specifications of deliverables, payment structures, intellectual property assignments, confidentiality provisions, and termination conditions. It's particularly crucial in today's growing gig economy where software development projects are increasingly handled by freelance professionals.
Suggested Sections

1. Parties: Identification and contact details of the client and freelance developer

2. Background: Context of the agreement and general purpose of the engagement

3. Definitions: Key terms used throughout the agreement including relevant technical and legal definitions

4. Services: Detailed description of development services to be provided, including scope and deliverables

5. Payment Terms: Compensation, payment schedule, invoicing requirements, and expenses policy

6. Intellectual Property Rights: Ownership and transfer of IP created during the engagement, including pre-existing IP

7. Term and Termination: Duration of agreement and conditions for termination, including notice periods

8. Confidentiality: Protection of confidential information and trade secrets

9. Independent Contractor Status: Clear statement of independent contractor relationship and tax obligations

10. Warranties and Indemnities: Representations about service quality and indemnification obligations

11. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on working with competitors (where permitted by state law)

2. Performance Metrics: Specific KPIs and performance standards for project evaluation

3. Equipment Provision: Terms regarding provided hardware/software and their usage

4. Insurance Requirements: Professional liability and other insurance obligations

5. Change Control: Process for managing changes to project scope or requirements

Suggested Schedules

1. Schedule A - Project Scope: Detailed technical specifications and deliverables

2. Schedule B - Rate Card: Breakdown of rates for different services or roles

3. Schedule C - Project Timeline: Project milestones and delivery schedule

4. Schedule D - Security Requirements: Specific security protocols and requirements

5. Schedule E - Acceptable Use Policy: Guidelines for system and data usage

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

Employment Classification Laws: IRS guidelines on independent contractor vs. employee classification, Fair Labor Standards Act (FLSA), and state-specific contractor classification laws

Intellectual Property Laws: Copyright Act of 1976, patent laws, Trade Secrets Protection Acts, and work for hire doctrine provisions that govern ownership and protection of created software and related materials

Data Protection and Privacy: State-specific data privacy laws (e.g., CCPA in California), federal privacy laws if applicable (HIPAA, GLBA), and data breach notification requirements

Contract Law: State-specific contract laws, Uniform Commercial Code (UCC), and Statute of Frauds requirements governing contract formation and enforcement

Tax Laws: IRS regulations regarding 1099 contractors, state tax requirements, and local tax obligations for freelance work

Cybersecurity Requirements: State-specific cybersecurity laws and industry-specific regulations governing data security and protection measures

Non-Compete and Non-Disclosure: State-specific restrictions on non-compete agreements and trade secret protection laws governing confidentiality obligations

Payment Regulations: State-specific prompt payment laws and electronic payment regulations governing compensation terms and methods

Dispute Resolution: State-specific arbitration laws and Federal Arbitration Act provisions governing conflict resolution procedures

Insurance Requirements: State-specific insurance requirements and professional liability considerations for freelance software developers

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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