Freelance Writer Agreement - Self-Employed Independent Contractor
What is this form?
The Freelance Writer Agreement - Self-Employed Independent Contractor is a legal document that outlines the relationship between a freelancer and an employer seeking writing or journalistic services. This agreement establishes the freelancer as an independent contractor, ensuring clarity on duties, compensation, and confidentiality. Unlike employment contracts, this form clearly defines the freelance nature of the engagement, which is essential for tax and liability purposes.
Key components of this form
- Scope of Duties: Defines the services the freelance writer will provide.
- Confidentiality: Specifies the handling of confidential information shared by the employer.
- Compensation: Outlines the payment terms for the freelance work.
- Termination: Details conditions under which either party can end the agreement.
- Representations and Warranties: Affirms the freelance writer's eligibility to enter this agreement.
Common use cases
This form is useful when an employer wishes to hire a freelance writer for specific projects, such as articles, blogs, or other written materials. It should be used to formalize the relationship and protect both parties' interests, especially when confidential information will be shared or when the work will be submitted for publication.
Who this form is for
- Employers who need to engage freelance writers for specific tasks or projects.
- Freelance writers looking for clear terms regarding their work, rights, and compensation.
- Businesses and media outlets, such as newspapers and magazines, that hire independent contractors for writing services.
How to prepare this document
- Identify the parties: Clearly state the names and addresses of both the employer and the freelance writer.
- Specify the scope of duties: Describe the specific writing services to be performed by the freelance writer.
- Enter compensation details: Include information about payment rates, methods, and deadlines.
- Outline confidentiality agreements: Ensure clauses about the handling of confidential information are included.
- Obtain signatures: Have both the employer and the freelance writer sign and date the agreement to make it legally binding.
Is notarization required?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to clearly define the scope of work, leading to misunderstandings.
- Not including confidentiality clauses, risking the security of sensitive information.
- Neglecting to address compensation details, which can lead to payment disputes.
- Not obtaining signatures from both parties, making the agreement unenforceable.
Why use this form online
- Convenience: Download and complete the form at your convenience without the need for physical meetings.
- Editability: Customize the agreement based on the specific needs of the freelance project.
- Reliability: Access a template drafted by licensed attorneys, ensuring legal compliance and protection.
Quick recap
- The Freelance Writer Agreement formalizes the relationship and responsibilities of freelance writers and employers.
- Important sections include confidentiality, compensation, and scope of work.
- It is essential to complete the form correctly to avoid common pitfalls and ensure both parties are protected.
Glossary of terms used in this form
- Independent Contractor: A person or business that provides services to another entity under terms specified in a contract, without being an employee.
- Confidential Information: Sensitive data and proprietary information that must be kept secret to protect the interests of the employer.
- Scope of Duties: A detailed description of the specific tasks and responsibilities to be performed under the agreement.
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FAQ
An Independent Contractor Agreement should contain all of these basic terms: Description of the services to be provided.Explanation of what the hiring party will provide or not provide, such as equipment, for the independent contractor to use. Ownership of work product if that is relevant to the work being performed.
California Governor Newsom has signed Assembly Bill 2257,exempting freelance writers, musicians, artists and others from the stringent rules established by the 'ABC' test for independent contractors, which makes them more likely to be reclassified as employees.
If you are an independent contractor, you are self-employed.However, your earnings as an employee may be subject to FICA (Social Security tax and Medicare) and income tax withholding.
1. Not Having a Written Contract.The taxing, labor and employment, and insurance authorities expect a written contract that states that the worker is an independent contractor and will be paid as such with no tax withholding, no benefits, etc.
The Internal Revenue Service considers freelancers to be self-employed, so if you earn income as a freelancer you must file your taxes as a business owner. While you can take additional deductions if you are self-employed, you'll also face additional taxes in the form of the self-employment tax.
Freelancer vs ContractorFreelancers are self-employed individuals who are not affiliated to any company or an agency.A contractor on the other hand, is an external employee who may or may not be self-employed. In the traditional sense of the word, a contractor is actually employed by a vendor or an agency.
Freelance workers generally work on a project with expected outcomes for an agreed fee.Furthermore, they might work through a third party or agency but can also work on their own. If an independent contractor works on their own, they are responsible for taxes and insurance.
For most types of projects you hire an independent contractor (IC) to do, the law does not require you to put anything in writing. You can meet with the IC, agree on the terms of your arrangement, and have an oral contract or agreement that is legally binding. Just because you can doesn't mean you should, however.
The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. The earnings of a person who is working as an independent contractor are subject to Self-Employment Tax.