Freelancer agreement template for England and Wales
A freelancer agreement drafted under the law of England and Wales. Below: what it is usually called here, what the legislation says, and the governing-law clause this draft prints.
What is a freelancer agreement called in England and Wales?
In England and Wales this is usually called a freelance contract (or freelance agreement).
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What changes under the law of England and Wales?
For UK freelancers the Late Payment Act is the single most useful piece of legislation: statutory interest on late business invoices applies even if the contract is silent. Liability caps in freelance contracts are common, within the limits UCTA allows.
Statutory interest on late payment of commercial debts is set by order under the Late Payment of Commercial Debts (Interest) Act 1998; gov.uk states the rate as 8% plus the Bank of England base rate.
In England and Wales, an electronic signature is admissible in evidence on any question about the authenticity or integrity of a communication or data.
Liability for death or personal injury caused by negligence cannot be excluded or restricted by a contract term; other negligence liability can be limited only so far as the term is reasonable. Consumer contracts are carved out to the Consumer Rights Act 2015, whose s.31 lists liabilities a trader cannot exclude in contracts for goods.
This agreement and any dispute arising out of or in connection with it are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.
In Plain English: if there is a dispute, the law of England and Wales decides what the contract means, and the named courts hear it. It does not say this is the right choice for you; that depends on where the parties are and what they agree.
The other clauses, in Plain English
Legal wording · example
1Deposit and payment
The Client shall pay a deposit of [50]% before work starts and the balance within [14] days of delivery.
In Plain English
Half is paid up front, the rest within the days agreed after you deliver.
If the Client cancels the project after work has started, the Client shall pay for work done to date plus a cancellation fee of [25]% of the remaining Fee.
In Plain English
If the client pulls the plug, they pay for what is done plus an agreed share of the rest.
Can I charge interest if the invoice is paid late?
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Between businesses, statutory interest is available under the Late Payment of Commercial Debts (Interest) Act 1998. gov.uk states the rate as 8% plus the Bank of England base rate. A contract can also set its own rate.
Can a freelance contract be signed electronically in England?
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Usually, yes. An electronic signature is admissible in evidence (Electronic Communications Act 2000 s.7), and the Law Commission's 2019 report says it is capable of executing a document where the signer intends to authenticate it. A freelance contract is commonly a simple contract, not a deed, so no witness is needed.
Can a freelancer limit their liability?
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Commonly, yes, by a cap such as the fee paid. UCTA 1977 s.2 means liability for death or personal injury from negligence cannot be limited, and other negligence limits must be reasonable.