Freelance Contractor Services Agreement Checklist

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If you’re a freelancer or someone looking to hire a contractor, it’s best to set out the scope of work, fees and deliverables in an agreement before the contractor starts working.  

In the creative industries freelance work is very common and often involves the creation of intellectual property, so it’s really important to set out who owns what and whether any crediting of the contractor’s work is required. Freelance contractors might include film crew, artists, digital content creators, developers, copywriters or producers, and whatever the job might be, the checklist below can help define the freelancer’s rights and responsibilities. Fill out the checklist below if you’d like us to draft a Freelance Contractor Services Agreement to fit your individual needs. If you can’t answer certain questions, you’ll probably need legal advice, so just put ‘I don’t know’ or get in touch!

1. Parties to the Contract

A. What is the contracting party's main business activity (in one sentence)?
B. What is the contracting party's legal name, address and ABN?
C. What is the name, residential address, email address, ABN and title of the Contractor?
D. What is the name and description of the project or job the Contractor will be doing?

2. Contractor Services

A. What services will the Contractor be providing?
B. When and where will the services be provided?
C. Will there be any specific reporting requirements?
D. Will the Contractor need any specific insurances, permits and/or licences?

3. Deliverables and Delivery Date

A. What are the Contractor's deliverables (if any)?
B. When must the deliverables be delivered by the Contractor? Is a delivery schedule required?
C. Will the Contractor be responsible for providing all necessary equipment to complete the deliverables (if any required)?

4. Ownership and Control

A. Will the contracting party own everything created by the Contractor in connection with the engagement? If not, who will own and control materials created/developed by the Contractor?
B. Will there be any restrictions on any use of materials created by the Contractor?

5. Fee, Payment Schedule and Expenses

A. What will be the Contractor's fee and/or how will the fee be calculated?
B. Will the Contractor's fee be inclusive or exclusive of GST?
C. When will payment be made? Will there be a payment schedule?
D. Will the Contractor be reimbursed for any expenses? If so, what expenses can they claim?

6. Credit and Promotion

A. Will the Contractor be credited or promoted in connection with providing and completing the services?

7. Termination and Exclusivity

A. How can either party terminate the agreement (if at all)?
B. Will the Contractor be subject to exclusivity or restrictions from providing services to others?

8. Special Conditions

A. Are there any special conditions that will apply to the Contractor arrangement?

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