Freelancer contract: protect yourself

As a freelancer you are your own boss, your own salesperson and your own lawyer. Many self-employed people start assignments on the basis of an oral agreement, a short set of emails or a simple confirmation, and pay the price when the client disputes the scope, drags out payment or claims that the delivered work did not match expectations.

A professional freelancer contract solves most of these problems before they arise. This guide shows you what your contract must contain and what happens if you skip it.

Why freelancers are vulnerable without a contract

Freelancers make a living by delivering good quality and building trust. But trust is not enough when:

• The client disputes what was included in the assignment
• Payment fails or is delayed
• The client wants round after round of corrections without end
• A disagreement ends in a complaint or lawsuit
• The client uses your work beyond what was agreed

Without a written contract it is your word against the client's. With a contract the framework is clear from the start.

The 10 most important elements of a freelancer contract

1. Identification of the parties

Start by defining:

• Your full name and business address (or CVR number)
• The client's full name and business address
• The date of the contract and any reference number

2. Description of the assignment (scope of work)

This is the most important section of the contract. Be specific:

• What exactly do you deliver? (for example "Delivery of 10 blog posts of 1,000 words on topics agreed with the client")
• What is not included? (for example "Images and graphic layout are not included")
• Specific requirements for format, language, length or platform

Avoid: "Help with marketing", "Update the website", "Write some text". These are open invitations to interpretation disputes.

3. Delivery and timetable

• The start and end date of the project
• Delivery times for partial deliveries (milestones)
• What happens on delay from the client's side? (for example late feedback, missing material)
• What happens on delay from your side?

A client's slow feedback is one of the most frequent reasons projects run over. State a clear responsibility: "The delivery deadline is postponed accordingly if the client does not provide feedback within [x] days."

4. Fee and payment terms

The payment section prevents the most classic freelancer conflict: non-payment.

State:

• The total fee or hourly rate
• The invoicing plan, for example 50% on start and 50% on delivery, or monthly invoicing
• The payment deadline (for example 8 to 14 days net)
• Interest on late payment (under the Interest Act, the default interest is the reference rate plus 8 percentage points, unless otherwise agreed within the limits of the Act)
• A reminder fee

Advance payment: For new clients, 25 to 50% advance payment can be recommended. It filters out non-serious clients and partly covers you if the client disappears.

5. Correction rounds and change requests

State clearly:

• The number of included correction rounds (for example "up to 2 rounds of corrections")
• What do further correction rounds cost? (for example an hourly rate for corrections beyond the agreement)
• What defines a "correction" versus a new assignment?

Many freelancers waste many hours on free extra work because they have not specified this.

6. Copyright and intellectual property (IP)

This is the section most freelancers forget, and it can prove costly.

The starting point in Danish law: The work you produce as a freelancer belongs as a rule to you as the author.

For the client to lawfully use your work (and possibly transfer it further), it must appear in the contract. The options are:

• Licence: you keep the copyright but give the client a (exclusive or non-exclusive) right of use
• Full transfer: you transfer all rights to the client

Full transfer is typically more expensive than a licence. State in the contract whether the delivered materials are for:

• One specific campaign or platform
• Broad commercial use
• Further transfer (sale to a third party)

7. Confidentiality

Many assignments involve access to the client's trade secrets, unpublished products or customer lists. A confidentiality clause binds you not to disclose this information.

Consider including:

• A definition of "confidential information"
• The duration of the confidentiality obligation (typically 2 to 5 years after the project ends)
• An exception for publicly available information

8. Termination and ending the collaboration

What happens if one of the parties wants to break off the collaboration?

• The client's termination: you keep the fee already invoiced. What about work in progress?
• Your termination: in what circumstances can you withdraw?
• A possible kill fee: a fee the client pays if they break off a confirmed assignment mid-process

9. Limitation of liability

As a self-employed person your liability can in theory be unlimited. A limitation-of-liability clause reduces your exposure:

• "The freelancer's total liability is limited to the fee invoiced for the assignment in question"
• A disclaimer of liability for indirect loss (lost profit, consequential damage)

10. Choice of law and dispute resolution

• State that Danish law applies
• State the venue (typically your home court)
• Consider including a mediation clause before any lawsuit

Typical scenarios, and how the contract helps

Scenario 1: The client will not pay

You have delivered a website to a client. The client does not respond to the invoice. With a contract:

• You have documentation of the agreed fee
• You can send a payment reminder referring to the contract's payment provisions
• Reminders and interest are clearly defined
• If the claim is undisputed, you can pursue it via a payment order and ultimately the bailiff's court

Scenario 2: "That is not what we agreed"

You deliver 10 blog posts. The client says they thought images and SEO setup were included.

With a contract with a clear scope definition, it is clear what was agreed. Extra services are invoiced separately.

Scenario 3: The client uses your photos for other purposes

You photograph for one campaign. The client uses the photos for the commercial sale of merchandise.

With an IP clause specifying the extent of the right of use, you have a clear case.

What about framework agreements for ongoing collaboration?

Do you work regularly with the same client? A framework agreement (master service agreement) is an agreement that covers all future assignments and is supplemented by individual quotes or order confirmations for the specific assignment.

The advantage: you negotiate the terms once, and subsequent assignments are started quickly with a simple order confirmation.

Is an email enough as a contract?

An email exchange where both parties confirm the terms is legally binding. But it is far weaker than a single written document:

• Easy to dispute what was actually agreed
• Typically lacks clauses on IP, limitation of liability and termination
• Harder to enforce in a dispute

For assignments of any size, you should always use a separate contract document.

Invoicing and VAT

Remember, as a self-employed person:

• If your VAT-liable turnover exceeds DKK 50,000 within 12 months, you must register for VAT
• Invoices must comply with the requirements of the VAT Act (CVR, date, description, amount excluding and including VAT)
• The payment deadline is typically counted from the invoice date, so state the date clearly

Freelancer contract template from LegalDock

LegalDock offers a professional freelancer contract template in Danish that covers all the central elements. The template is designed for use in:

• Consultancy and advisory services
• Creative deliverables (text, graphics, photo, video)
• IT and web development
• Coaching and teaching

Frequently asked questions

Do I need a lawyer to write my freelance contract?

For standard assignments, a well-designed template is sufficient. For large, long-term or complicated contracts, a legal review can be worthwhile.

What happens if the client refuses to sign?

That is a serious warning sign. Clients who refuse to enter into a clear written agreement are potential problem clients. Consider at least requiring advance payment.

Can I claim payment if the client cancels the assignment?

Yes, if the contract contains a termination clause with a kill fee or specifies what happens on early termination. Without such a clause, it is harder to claim payment for work not done.

Who owns the code, text or images I have made?

Without an agreement: as a rule you (the author). With an agreement: it appears in the contract's IP section. Always make sure the IP section reflects what you actually want.

Must a freelance agreement be registered?

No. A freelance agreement is an agreement between two parties and requires no public registration.

Conclusion

A professional freelancer contract is not bureaucracy, it is your security for being paid for the work you do, and for the rules you work under being clear from day one. Spend a little time creating a good contract, and save the hours and stress of handling conflicts afterwards.

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The content of this article is for guidance only and does not constitute legal advice. Consult a lawyer for advice on your specific situation.