Instructions: Fill in all sections marked with underlines. Review all terms carefully and customize as needed for your specific engagement.

Swiss Law Note: This template can be used in Switzerland but should be reviewed by a Swiss attorney. Key Swiss considerations: General Disclaimer: This is a template for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for your jurisdiction.

Freelancer Service Agreement

This Freelancer Service Agreement ("Agreement") is entered into as of [Date] ("Effective Date") by and between:

CLIENT:
Name: [Client Full Name/Company Name]
Address: [Client Address]
Email: [Client Email]
(hereinafter referred to as "Client")

FREELANCER:
Name: [Freelancer Full Name]
Address: [Freelancer Address]
Email: [Freelancer Email]
Tax ID/VAT: [Tax ID Number]
(hereinafter referred to as "Freelancer")

1. Services

1.1 Scope of Work. The Freelancer agrees to provide the following services to the Client:

[Detailed description of services to be provided]

1.2 Deliverables. The Freelancer shall deliver the following:

[List specific deliverables]

1.3 Performance Standards. All services shall be performed in a professional and workmanlike manner in accordance with industry standards.

2. Compensation and Payment Terms

2.1 Fees. The Client agrees to pay the Freelancer:

☐ Fixed Fee: [Amount]
☐ Hourly Rate: [Amount] per hour
☐ Other: [Description]

2.2 Payment Schedule.

[e.g., 50% upfront, 50% upon completion; Net 30 days; Weekly/Monthly]

2.3 Expenses. The Client shall reimburse the Freelancer for pre-approved expenses: ☐ Yes ☐ No
2.4 Late Payment. Payments not received within [Number] days of the due date shall incur a late fee of [Percentage]% per month.
2.5 Currency. All payments shall be made in [CHF/EUR/USD].
2.6 VAT. All fees are ☐ inclusive ☐ exclusive of Swiss VAT (currently 8.1%). VAT number (if applicable): [CHE-XXX.XXX.XXX MWST]
2.7 Payment Method. Payments shall be made via:

☐ Bank transfer (IBAN: [IBAN])
☐ PayPal
☐ Other: [Method]

3. Timeline and Deadlines

3.1 Project Duration. The project shall commence on [Start Date] and is expected to be completed by [End Date].
3.2 Milestones.
Milestone Deadline Payment
[Milestone 1] [Date] [Amount]
[Milestone 2] [Date] [Amount]
[Milestone 3] [Date] [Amount]
3.3 Extensions. Deadlines may be extended by mutual written agreement or due to circumstances beyond the Freelancer's reasonable control.

4. Intellectual Property Rights

4.1 Ownership. Upon full payment, all work product and deliverables created by the Freelancer shall be:

☐ Owned by the Client (Work for Hire)
☐ Licensed to the Client with the following terms: [License terms]
☐ Jointly owned by both parties

4.2 Pre-existing Materials. The Freelancer retains all rights to pre-existing materials, tools, and methodologies used in performing the services.
4.3 Third-Party Materials. The Freelancer warrants that all deliverables will not infringe upon any third-party intellectual property rights.

5. Confidentiality

5.1 Confidential Information. Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of this engagement.
5.2 Exceptions. Confidential information does not include information that: (a) is publicly available; (b) was known prior to disclosure; (c) is independently developed; or (d) must be disclosed by law.
5.3 Duration. The confidentiality obligations shall survive for [Number] years after termination of this Agreement.

6. Independent Contractor Status

6.1 Relationship. The Freelancer is an independent contractor and not an employee, partner, or agent of the Client.
6.2 Taxes and Benefits. The Freelancer is responsible for all taxes, insurance, and benefits. The Client will not withhold taxes or provide employee benefits.
6.3 Control. The Freelancer has sole discretion over the methods and means of performing the services, subject to meeting the agreed-upon deliverables and deadlines.

7. Revisions and Approval

7.1 Revisions. The Client is entitled to [Number] rounds of revisions included in the agreed fee.
7.2 Additional Revisions. Revisions beyond the included rounds will be billed at [Rate].
7.3 Approval Process. The Client shall provide feedback within [Number] business days of receiving deliverables.

8. Termination

8.1 Termination for Convenience. Either party may terminate this Agreement with [Number] days written notice.
8.2 Termination for Cause. Either party may terminate immediately upon written notice if the other party materially breaches this Agreement and fails to cure within [Number] days.
8.3 Effect of Termination. Upon termination, the Client shall pay the Freelancer for all work completed up to the termination date, including any approved expenses.
8.4 Return of Materials. Upon termination, each party shall return or destroy all confidential information of the other party.

9. Warranties and Liability

9.1 Freelancer Warranties. The Freelancer warrants that:
  • Services will be performed in a professional manner
  • Deliverables will not infringe third-party rights
  • Freelancer has the right to enter into this Agreement
9.2 Limitation of Liability. Neither party shall be liable for indirect, incidental, special, or consequential damages. The Freelancer's total liability shall not exceed the total fees paid under this Agreement.
9.3 Indemnification. Each party agrees to indemnify and hold harmless the other party from claims arising from their breach of this Agreement or negligent acts.

10. Dispute Resolution

10.1 Governing Law. This Agreement shall be governed by the laws of [Switzerland/Specific Canton].

For Switzerland: Swiss Code of Obligations (OR/CO) applies to service contracts.

10.2 Mediation. Any disputes shall first be submitted to mediation before pursuing other remedies.
10.3 Arbitration. If mediation fails, disputes shall be resolved through binding arbitration:

☐ Swiss Chambers' Arbitration Institution (SCAI)
☐ International Chamber of Commerce (ICC) - Switzerland
☐ Other: [Arbitration Organization]

Seat of arbitration: [Zurich/Geneva/Other Swiss City]

10.4 Language. Arbitration proceedings shall be conducted in [German/French/Italian/English].

11. General Provisions

11.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
11.2 Amendments. This Agreement may only be amended in writing signed by both parties.
11.3 Assignment. Neither party may assign this Agreement without the prior written consent of the other party.
11.4 Severability. If any provision is found invalid, the remaining provisions shall remain in full force and effect.
11.5 Notices. All notices shall be in writing and sent to the addresses listed above or as otherwise specified by the parties.
11.6 Force Majeure. Neither party shall be liable for delays or failures due to circumstances beyond their reasonable control.

Signatures

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

CLIENT:

Signature:

Printed Name: [Name]

Title: [Title]

Date: [Date]

FREELANCER:

Signature:

Printed Name: [Name]

Date: [Date]

Disclaimer: This is a template contract for general informational purposes only and does not constitute legal advice.

For use in Switzerland: This contract should be reviewed by a Swiss attorney familiar with the Swiss Code of Obligations (OR/CO). Consider cantonal regulations, VAT requirements, and social security obligations (AHV/AVS). Ensure compliance with Swiss employment law to maintain independent contractor status.

Important: Misclassification of employment relationships can result in significant penalties in Switzerland. When in doubt, consult with a Swiss labor law specialist.