A freelance agreement is an agreement in which people are free to work at their own liberty for their clients. According to the dictionary meaning of freelance, it is serving one or more companies at a time on contract basis as opposed to working for a single company. The person who offers services to other people/companies is a freelancer. They do not work for one person but serve more than one person at a time on their own terms and conditions. Generally, they have expertise in a certain field/matter. E.g. if you visit a studio the person who clicks your photo is a freelancer. He is not your employee though he served you as he has expertise in photography, he served you on his own terms and conditions and he is not obliged to work for you. You are his client. There is a freelance agreement between you and the photographer for a photo.
IMPORTANT CLAUSES IN FREELANCE AGREEMENT
- Basic Information: It must include some basic information like name, address, the name of company etc. in the agreement.
- Scope: The purpose of the agreement should be specifically mentioned in the clause of the agreement. As in freelance agreement, people hire freelancer only for a specific purpose.
- Consideration: in India, contracts are governed by Indian Contract Act, 1872. According to the Indian contact Act, there must be a valid consideration otherwise contract is void.
- Duration: Duration of agreement should be clearly mentioned. It must specify the date of commencement and termination of the agreement.
- Jurisdiction & Dispute Resolution: It depends upon the law present at the time if it is not specifically mentioned in the terms of the agreement that in case of any dispute which court has the jurisdiction to deal the matter.
- The timing of payment: it is also an important clause of agreement as it protects the interest of freelancer. Generally, the time of payment is mentioned in the agreement.