10 Must-Haves for Your Freelance Writing Contracts & Agreements

Avoid miscommunications and protect yourself with a comprehensive statement of work. Includes a downloadable resource with sample language.

Whether you call it a contract, agreement, statement of work, or something else, this document is essential for more than just handling disputes. In fact, it helps guide each engagement successfully from start to finish.

A well-crafted freelance writing contract helps prevent misunderstandings and miscommunications by clearly laying out the project plan. It ensures you and your client are "on the same page" before work begins.

It gives you an important shared reference to come back to if the scope begins to creep, or issues come up that perhaps neither of you expected.

Here are the must-haves for creating a rock-solid freelance writing contract that protects your interests and sets the stage for a successful collaboration.

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1. Deposit

Deposit: Start by securing a deposit before you begin any work. This upfront payment, typically 25-50% of the total fee, shows the client's commitment and helps you manage your cash flow. If your client cannot or will not pay a deposit, it’s up to you whether to proceed. Can you afford the lost pay if they walk away from the project?

This might look like this:

"To secure the commencement of work, a non-refundable deposit of 30% of the total project fee is required upon signing this agreement. This deposit demonstrates the client's commitment to the project and helps manage the writer's cash flow. Should the client be unable or unwilling to pay the deposit, the writer reserves the right to decline the project. The writer assumes no responsibility for lost pay if the project is abandoned by the client without a deposit."

2. Kill Fee

Kill Fee: A kill fee protects you if the project gets canceled mid-way. Specify a percentage of the total project fee that covers the work you've already done. This ensures you're compensated for your time and effort, even if the project doesn't reach completion.

Maybe there’s a nicer term for this; I’m not sure. But using the term kill fee, this could look like:

"In the event that the project is canceled after work has commenced, a kill fee will be applied to compensate for time and effort already invested. The kill fee shall be 50% of the total project fee if the project is terminated before the first draft is delivered, and 75% if terminated after the first draft but before final deliverables. This ensures the writer is fairly compensated for the work completed up to the point of cancellation.”

3. Milestone Payments

Breaking down the project into milestones with corresponding payments can provide financial security and motivation for both parties. Clearly outline each milestone and its associated payment in your contract.

This way, you get paid incrementally as you make progress, reducing the risk of unpaid work.

I prefer that writing milestones are tied to deliverables milestones vs publication. You don’t want to be in a position where you’ve delivered a finished product but aren’t getting paid because a publication or business is sitting on it and hasn’t published yet.

This could look like:

"Payments will be made in installments, with 25% due upon signing, 50% upon the delivery of the first draft, and the remaining 25% upon the final deliverable, regardless of publication status."