Templates · Contracts

Freelance contract checklist for clients

Updated Nov 5, 2026 (America/Denver) · Checklist · Copyright facts from the U.S. Copyright Office (Circular 30)

Not legal advice. This is a checklist of topics to cover, not a contract. For anything high-value or regulated, have a lawyer in your jurisdiction review the agreement.

1. Scope and deliverables

2. Milestones, timeline, revisions

3. Payment terms

4. Intellectual property

In U.S. law, “work made for hire” has a narrow meaning. The U.S. Copyright Office (Circular 30) explains a commissioned work from a non-employee is a work made for hire only if all of these are true:

  1. It falls in one of nine categories (contribution to a collective work, part of a motion picture or other audiovisual work, translation, supplementary work, compilation, instructional text, test, answer material for a test, atlas).
  2. There is a written agreement,
  3. that expressly says the work is a work made for hire,
  4. signed by both parties.

Many freelance deliverables (a logo, a website’s code) may not fit those categories, so contracts often add a written assignment of copyright as well. Ask your lawyer which applies. Also cover: transfer on full payment, third-party assets (fonts, stock, libraries) and their licenses, and whether the freelancer may show the work in a portfolio.

Marketplace defaults differ. Fiverr’s client FAQ, for example, says that unless a Gig states otherwise, IP rights transfer to the client on delivery, subject to full payment. Read your platform’s terms.

5. Confidentiality and data

6. Ending the engagement

7. Independent-contractor relationship

State that the freelancer is an independent contractor. Classification depends on the real working relationship, not just the label; check guidance for your country.

What this page does not do

Pair this with the hiring brief template. Related: hire a logo designer · web developer cost

FAQ

Is freelance work automatically a work made for hire?

No. Under U.S. law, a commissioned work by a non-employee is a work made for hire only if it is in one of nine listed categories and both parties sign a written agreement expressly saying so (U.S. Copyright Office Circular 30).

What should a freelance contract include?

Scope and exclusions, milestones and acceptance criteria, revision limits, payment terms, IP ownership or assignment, confidentiality, termination and handover.

Sources

  1. U.S. Copyright Office — Circular 30: Works Made for Hire (PDF, rev. 08/2024): www.copyright.gov/circs/circ30.pdf (checked Nov 5, 2026)
  2. Fiverr Help — FAQs for clients (IP on delivery): help.fiverr.com/hc/en-us/articles/360011454477-FAQs-for-clie (checked Nov 5, 2026)

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