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A freelance contract example shows which provisions must not be missing from a contract for services: the description of the assignment, the rate, the duration and termination, liability, intellectual property, and confidentiality. Equally important is what does not belong in it: provisions that suggest a hierarchical relationship, as these increase the risk of bogus self-employment. Below, we review the key provisions so that you know what a good example contains.
The short answer
- Parties: Client and self-employed professional as independent entrepreneur, with Chamber of Commerce details.
- Assignment: concrete work or result, scope and deliverables.
- Rate: hourly rate or fixed price, VAT, payment terms.
- Term and termination: duration and reasonable notice period.
- Liability and IP: limitation and transfer of rights.
- Avoid: provisions that indicate a relationship of authority.
The structure of an example
A useful example of a contract for self-employed professionals is structured around a contract for services (Art. 7:400 BW). At the top are the parties—the client and the self-employed professional—with their business details and Chamber of Commerce registration numbers. The fact that the self-employed professional acts as an independent entrepreneur is often confirmed in a separate clause, including the stipulation that no employment relationship arises.
It is important to realize: an example is a starting point, not a ready-made contract. You adapt it to the assignment, the sector, and the risks. Furthermore, the text must reflect the real, self-employed work situation; otherwise, it offers no protection against reclassification.
Assignment, rate and payment
The core provisions contained in each example:
- Assignment description. Specifics the work or result, including scope and delivery agreements.
- Rate. Hourly rate, daily rate or fixed price, stating whether the amount is inclusive or exclusive of VAT.
- Invoicing and payment terms. For example, monthly invoicing, payment within 30 days, with statutory commercial interest for late payment.
- Expenses and additional work. Which costs are reimbursed and how changes are settled.
Term, termination and independence
A good example regulates the duration (fixed-term or indefinite) and a reasonable notice period for both parties. In a contract for services, the client can in principle always terminate the contract (Article 7:408 of the Dutch Civil Code).
What an example specifically should not contain are provisions that indicate authority: mandatory fixed working hours, direction of working methods, or a prohibition on substitution. Strong provisions regarding independence are, instead:
- The self-employed person decides for themselves how, where, and when they work.
- The self-employed person may have themselves replaced (right of substitution).
- The self-employed person works at their own risk and expense and is permitted to work for others.
Liability and intellectual property
Two provisions that a complete example always contains:
- Limitation of liability. For example, to the invoice amount or the coverage of the professional liability insurance, excluding indirect damage.
- Intellectual property. A provision that regulates to whom the rights to what the freelancer creates accrue. Without a transfer, copyrights remain with the freelancer, even if the client pays. An example therefore regulates a transfer or a usage license.
- Confidentiality. Protection of confidential information, often with a penalty clause.
The model agreement as an example
The most reliable example is an approved model agreement from the Tax and Customs Administration. This has been assessed to determine whether an employment relationship arises. Use such a model as a basis and supplement it with concrete provisions regarding rates, liability, and intellectual property. A blank standard example from the internet without these additions is usually too meager.
Practical example
A web agency uses a self-employed contract template for freelance designers. The template includes a fixed price per project, a right of substitution, a limitation of liability to the project amount, and an intellectual property transfer of the design to the client. Working hours and workplace are flexible. This example clearly establishes independence while simultaneously regulating the rights to the delivered work.
Honest recommendation
For a simple, short-term assignment, you can manage perfectly well on your own with an approved template—a model agreement from the Tax and Customs Administration, supplemented with rates, liability, and IP—without a lawyer. However, if you plan to use a template structurally for multiple freelancers, if it involves valuable intellectual property or large sums, or if you have doubts about the hierarchical relationship, then have the template properly tailored just once. That is a one-time investment that you will reuse time and again.
Read more: drafting a freelance contract and freelance contract pitfalls. Need a contract immediately? View freelance contract.
Frequently Asked Questions
A good example contains the parties with Chamber of Commerce details, a concrete description of the assignment, the rate and payment arrangements, the term and termination, a limitation of liability, an intellectual property arrangement, and a confidentiality clause. It avoids provisions that indicate a relationship of subordination.
As a starting point, yes, but a blank example is often too meager. Preferably use an approved model agreement from the Tax and Customs Administration and supplement it with provisions regarding rates, liability, and intellectual property. Adapt it to the assignment and the sector.
The assignment description, the rate, the term and termination, liability, and the intellectual property and confidentiality arrangements. These provisions prevent misunderstandings regarding scope and payment and protect both parties against risks.
Provisions that suggest a hierarchical relationship—mandatory fixed working hours, direction regarding working methods, or a prohibition on substitution—increase the risk of bogus self-employment. Instead, include provisions promoting independence, such as a right of substitution and freedom regarding working hours and workplace.
With a provision that establishes to whom the rights to what the freelancer creates accrue. Without a transfer, the copyright remains with the freelancer, even if the client pays. A good example therefore regulates a transfer of rights or a clear usage license.
Yes, an approved model agreement from the Tax and Customs Administration is the most reliable starting point, as it has been assessed to determine whether an employment relationship arises. Use it as a basis and supplement it with tailored provisions regarding rates, liability, and intellectual property.
Only if the practice corresponds to the contract. The Tax and Customs Administration looks at the actual execution, not just the text. A good example that reflects the real, independent work situation reduces the risk of an additional assessment in cases of bogus self-employment.
