Contracts and Terms
Why written agreements matter, what to include in your terms, and how to protect yourself and your clients.
Key points
- Always have a written agreement before starting work
- Your terms should cover scope, payment, revisions, copyright and liability
- A simple contract is better than no contract
- Get explicit acceptance before you begin
What the Code says
The Code of Practice states that professionals should “agree clear terms before commencing work” and “document the scope, deliverables, timeline and fees for each project.”
Written agreements protect both you and your client. They create clarity about what’s expected and provide a reference point if disputes arise.
Why written agreements matter
Even with the best intentions, misunderstandings happen. A written agreement:
- Creates shared understanding of the project scope
- Sets clear expectations about deliverables and timelines
- Establishes payment terms and prevents fee disputes
- Defines what happens when things change
- Protects both parties if the relationship breaks down
Email can count
A formal contract isn’t always necessary. A clear email setting out terms, with the client’s written acceptance, can form a binding agreement. What matters is that both parties have agreed in writing.
Essential terms to include
Every agreement should cover these basics:
Scope and deliverables
- What you’re delivering (be specific)
- What’s explicitly not included
- Format and specifications
Timeline
- Key milestones and deadlines
- What you need from the client and when
- What happens if either party causes delays
Payment
- Total fee or rate
- Payment schedule (deposit, milestones, completion)
- Payment terms (when invoices are due)
- What happens with late payment
Revisions
- How many rounds are included
- What constitutes a revision vs a new request
- Additional revision rates
Keep it readable
Your terms should be clear enough for a non-lawyer to understand. Avoid jargon and legalese. If you wouldn’t say it in a meeting, don’t put it in a contract.
Copyright and liability
Copyright ownership
By default in the UK, you own the copyright in work you create. If the client wants ownership, this must be explicitly agreed in writing. Options include:
- Full assignment — client owns everything outright
- Licence — client can use the work, but you retain ownership
- Limited licence — client can use it for specific purposes only
See our Copyright guide for more detail.
Liability limitations
Consider including:
- A cap on your liability (often the project fee)
- Exclusion of indirect or consequential losses
- Client responsibility for factual accuracy of information they provide
- Client responsibility for legal compliance of how they use the work
Get legal advice for high-risk work
If you’re working on high-value projects or in regulated industries, consider having a solicitor review your terms. The cost is usually modest compared to the risk.
Quotes and proposals
Your quote or proposal can incorporate your terms. Include:
- Project summary and objectives
- Detailed scope of work
- Deliverables and format
- Timeline and milestones
- Fee breakdown
- Payment terms
- Revision policy
- Reference to your full terms and conditions
State clearly that acceptance of the quote constitutes acceptance of your terms.
Getting client acceptance
Before starting work, get explicit written acceptance. This can be:
- A signed contract
- An email confirming acceptance of your quote and terms
- Payment of a deposit (if your terms state this constitutes acceptance)
- A tick-box on an online booking form
Keep records of all acceptances. If disputes arise later, you’ll need to prove what was agreed.
When things go wrong
Even with good terms, problems can occur. Your contract should address:
Cancellation
- Notice period required
- What fees are due if the client cancels
- Your right to cancel if the client breaches terms
Scope changes
- How change requests are handled
- Who can authorise changes
- How additional fees are agreed
Disputes
- How disputes will be resolved (negotiation, mediation, courts)
- Which jurisdiction applies
Summary
- Always get it in writing — even a simple email exchange is better than nothing
- Cover the essentials — scope, timeline, payment, revisions, copyright, liability
- Keep it clear — write terms that real people can understand
- Get acceptance before starting — don’t assume silence means agreement
- Keep records — you may need to prove what was agreed
