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Freelance Agreement
"I need a Freelance Agreement for hiring a graphic designer in Sydney who will create marketing materials for my company, with specific clauses about intellectual property rights and the ability to use work samples in their portfolio."
1. Parties: Identifies and provides full details of the contracting parties - the client and the freelancer (including ABN/ACN)
2. Background: Outlines the context of the agreement, including the freelancer's expertise and the client's needs
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Scope of Services: Detailed description of the services to be provided by the freelancer
5. Term and Engagement: Specifies the duration of the agreement and nature of the engagement as an independent contractor
6. Payment Terms: Details regarding fees, invoicing, payment methods, and timeframes
7. Independent Contractor Status: Explicitly establishes the relationship as independent contracting, not employment
8. Intellectual Property: Addresses ownership and transfer of intellectual property created during the engagement
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Obligations and Warranties: Key responsibilities and warranties from both parties
11. Termination: Conditions and process for ending the agreement
12. Insurance and Liability: Insurance requirements and limitation of liability provisions
13. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution
1. Non-Compete: Restrictions on working with competitors - only include if specifically required and ensure compliance with competition law
2. Equipment and Resources: Include when the client provides specific equipment or resources for the freelancer's use
3. Performance Metrics: Include when specific KPIs or performance standards need to be met
4. Subcontracting: Include if the freelancer is permitted to subcontract any services
5. Work Health and Safety: Include detailed WHS provisions if services are performed on-site
6. Data Protection: Include detailed data handling requirements if personal or sensitive data is involved
7. Training Requirements: Include if specific training or certifications must be maintained
8. Client Policies: Include if freelancer must comply with specific client policies
1. Schedule 1 - Services Description: Detailed breakdown of services, deliverables, and specifications
2. Schedule 2 - Fee Schedule: Detailed pricing, payment structures, and any variable fee arrangements
3. Schedule 3 - Service Levels: Performance standards, response times, and quality metrics if applicable
4. Schedule 4 - Project Timeline: Key dates, milestones, and delivery schedules
5. Appendix A - Client Policies: Relevant client policies the freelancer must comply with
6. Appendix B - Required Insurance: Specific insurance requirements and coverage levels
Authors
Services
Client
Contractor
Commencement Date
Completion Date
Confidential Information
Deliverables
Fees
GST
Intellectual Property
Intellectual Property Rights
Material
Moral Rights
Notice
Personnel
Pre-existing Material
Project
Representatives
Schedule
Scope of Work
Service Levels
Site
Specifications
Term
Third Party Material
Working Day
Force Majeure Event
Business Hours
Background IP
Developed IP
Claim
Insolvency Event
Loss
Payment Terms
Related Body Corporate
Subcontractor
Term
Appointment
Services
Independent Contractor Status
Payment
GST
Invoicing
Performance Standards
Intellectual Property
Moral Rights
Confidentiality
Privacy
Data Protection
Work Health and Safety
Insurance
Liability and Indemnity
Warranties
Termination
Force Majeure
Assignment and Subcontracting
Relationship of Parties
Dispute Resolution
Notices
Governing Law
Entire Agreement
Variation
Severability
Waiver
Costs
Further Assurance
Survival
Execution
Technology
Creative Industries
Professional Services
Media and Communications
Marketing and Advertising
Education and Training
Construction
Management Consulting
Healthcare
Financial Services
Entertainment
Publishing
Digital Services
Research and Development
Legal
Human Resources
Procurement
Finance
Operations
Project Management Office
Creative Services
Information Technology
Research and Development
Marketing
Business Development
Content Production
Engineering
Design
Chief Executive Officer
Operations Manager
Project Manager
Human Resources Director
Legal Counsel
Procurement Manager
Department Head
Business Unit Manager
Finance Manager
Contract Administrator
Resource Manager
Creative Director
Technical Lead
Program Manager
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