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How to make a freelance contract?

Nowadays more and more people in Spain choose to work as self-employed or freelance workers. It is important to highlight that both terms have the same meaning and that they can both be used to talk about someone who works for themselves.

It would be perfectly possible to have a contract for freelance or self-employed with a verbal agreement, but in order to avoid any future problems, it is always recommended to sign a written contract with the other party. It is the only way to minimize the risk and to provide with legal certainty to both contracting parties.

In that sense, the contract should include its object, its means and the service that the freelance or self-employed has to perform. That service could include just a single project or a continuous service.

Single Service Fees

In this case, both parties are most likely to agree on a sum to be paid for the contract execution that would be payable before, after, or during the service.

Continuous Services Fees

In this case, it is a standard practice to pay periodically (monthly, quarterly) for the agreed provision of the service. Nonetheless, other types of payments (also payment in kind is admitted) are perfectly possible and should be contemplated.

Other interesting clauses

On another hand, clauses related to service duration, its boundaries, minimum quality standards or penalties to guarantee the contract execution, are highly advisable. In addition, and depending on the specific contract, discharge contract clause, complete jurisdiction, or subcontracting could be included.

Taking into account the abovementioned information, there is no doubt that each situation has to be individually analyzed to avoid any future problems. As a freelance or self-employed you must protect your rights within the contract. As a Company, you should care for your Company´s interests. Regardless of the position you´re in, if you find yourself unsure about your situation, we suggest you to search for legal advice to safeguard your rights and properly draft your contract.