Through our hands-on experience, we know that a contract is essential for freelance copywriters. Read on for our guide on copywriting contract templates, because it outlines the many benefits of a copywriting contract template and how to use one.
A contract template is an excellent way for someone to ensure that they include all the necessary components when writing their contract, without missing something out.
In this article we’ll cover:
A copywriting contract is a legally binding agreement that is made between a copywriter and a client. It should (at a minimum):
A copywriting contract is drafted to protect both parties involved, ensuring that the copywriter delivers the requested services and deliverables within an agreed-upon timeframe and that the client fulfills all of their contractual obligations.
A copywriting contract may also include a confidentiality clause that states the obligations of the copywriter and sets out the process for dispute resolution.
In some versions, if the work requires you to negotiate on regular revisions and feedback from the client to ensure things are on track, this may be included as well.
No two projects will be the same, so a contract template should be able to be customized to suit different circumstances.
The main purpose of a copywriting contract template is to serve as a foundation for creating a contract to adhere to by both parties. It provides a structure for clear communication and helps with establishing a professional relationship, making sure everyone involved understands the project.
Using a template to outsource your contract creation simplifies your work, and ensures all essential contract elements — such as scope, payment, deadlines, and revisions — are included. A good template also clarifies the ownership of intellectual property.
When details of the agreement are laid out, such as compensation for work, deadlines for deliverables, and a clause to terminate or for indemnification, the template can protect from misunderstandings and ensure both parties are on the same page.
A template should be reviewed periodically and renewed to incorporate any changes in laws or business practices.
There are many template options available when it comes to creating copywriting agreements, such as ours at Bonsai which is tailored for freelancers. Using a template is a great way to ensure you’re including everything you need to, while also saving time and looking professional.
Copywriting contract templates are a great way to commit to looking professional and ensure that everyone is on the same page regarding the work that needs to be done.
But when should they be used?
When beginning a new client relationship, a copywriting contract needs to be signed by both parties to confirm their responsibility to adhere to the legal document. This helps in establishing a professional relationship and builds trust in the partnership.
When it comes to large or difficult projects involving many deliverables, a detailed contract is key.
A good contract describes the deliverables and deadlines in a way that clarifies expectations, leading to efficient and streamlined project management.
Using a copywriting contract template means you can ensure the agreement clarifies the ownership of intellectual property.
When an agreement defines, allocates, and assigns the rights to the written contract clearly, it prevents future disputes over the ownership of the words and means any issues can be resolved quickly.
A well-crafted contract template outlines clear payment terms between each party and ensures compensation for additional work. This is essential when it comes to questions over payment amounts, invoices, and payment schedules.
Remember: when everything is agreed upon, there is less likelihood of misunderstandings!
A contract template is also essential when it comes to defining the scope of retainer services.
It’s crucial to have a contract that specifies the scope of work, and a template can ensure these terms are clearly outlined without the need to create brand new documents for every agreement.
Sometimes, copywriting involves dealing with sensitive information or trade secrets. A good template includes confidentiality clauses, ensuring both parties understand and explicitly agree to privacy and confidentiality concerns.
If you’re not sure whether a copywriting contract template is right for you, why not download one of the many free templates from Bonsai? Absolutely no payment is required!
Sign up for free and you’ll get access to a full range of contracts, including a marketing contract template and an advertising contract template!
A well-designed copywriting contract should cover all aspects of the business relationship. It should address every part of the project, ranging from scope to compensation, and include clauses on intellectual property and confidentiality.
Each contract should begin by naming the parties involved and should include necessary information about the individuals, such as their company name and position. This ensures there is no ambiguity about who is involved.
In this section, the scope of work should be specified. It should include:
This section should detail the items and forms of content that the copywriter needs to deliver. It can include:
It’s crucial that the contract outlines clear payment terms, and includes information regarding rates amount and how invoices will be paid.
A good contract also details the consequences of breach or termination.
This section clarifies the ownership of intellectual property once the final product has been submitted. It should state whether or not the client has full rights to use the content, and what the client’s use of the material may be.
If the client requires regular revisions and feedback, this should be clearly stated in the contract.
This section should lay out exactly how the client will request changes and the timeframe in which these changes will be provided.
This part of the contract defines deadlines and timeframes for the project. It ensures both parties are aware of delivery dates for drafts, revisions, and final content.
A good contract includes confidentiality clauses to protect sensitive information. This could include:
Once both the copywriter and client put their signatures on the document, confidentiality is protected.
The field of copywriting is diverse, with many different projects, services, and client specifications. Here at Bonsai, we have templates available that cover all aspects of copywriting, ranging from proofreading to publishing!
A standard project-based contract is typically used for one-off projects and can be customized for different projects.
This contract lists the scope of the job, deadlines, and money for the project. It should clearly state the obligations of the copywriter so there is no room for misunderstanding.
In the case of scope changes, a contract often includes clauses that explain how these changes will be managed.
A retainer agreement is used when a copywriter is hired for ongoing services.
The contract will state a set rate and when it will be paid, and by doing so ensure the copywriter’s availability for a certain number of words or hours of work.
It is a good contract for people who need ongoing content and want to have a long-term relationship with a copywriter.
This contract is used when a client requires several content pieces to be created throughout a marketing campaign.
It could include multiple related items, such as blog posts, social media posts, or articles.
Payment terms may be upon completion of the series or staggered upon completion of milestones.
A ghostwriting agreement is used when a copywriter creates content specifically designed to be published under another name.
This agreement defines the rights to the written content, which in most cases involves the writer giving up ownership of the work.
These agreements often contain confidentiality clauses, as the publisher may not want it known that the pieces are ghostwritten.
A technical copywriting contract may be used when signing a copywriter to write technical manuals or other specialized content.
The agreement specifies the scope of work, and may also include clauses related to the research needed to complete the project.
Using a copywriting contract template is an efficient and easy way to create a contract without effort — it lets you ensure that all parties are on the same page, and feel confident that no important steps have been missed.
Before anything else, make sure you understand the clauses and sections making up the contract. This helps in establishing a professional relationship as it means you understand what is involved in the contract and why it is important.
The basics of the contract include:
A good copywriting contract template can be customized for different projects — it shouldn’t be seen as a one-size-fits-all document.
You can, of course, alter the agreement to ensure it aligns with the client’s business goals and project requirements.
Your contracts must specify the scope of work and describe the deliverables and deadlines. This means that the copywriter understands what is expected of them. It should be detailed but flexible to allow for reasonable revisions and feedback.
A comprehensive contract outlines clear payment terms, including schedule and invoice details.
Make it clear how compensation for additional work may be handled, and have a clear invoicing process to ensure timely payments.
You must clarify the ownership of intellectual property within your contract. This can include the rights to the content once the project is finished, including the licensing terms if applicable.
If you want to simplify your copywriting contracts, why not try downloading one of Bonsai’s many free templates!
Just sign up for a free account with Bonsai and you’ll have access to a huge range of templates — simplify your copywriting projects and guarantee clarity in your client collaborations!
Writing a copywriting contract from scratch can be time-consuming, but luckily we’ve got some tips to help you out!
Understanding the client’s business model is essential when creating a copywriting contract — this allows you to ensure the services offered match how the client works.
A contract that demonstrates an understanding of how your clients' businesses work shows professionalism and ensures both parties are aligned. This helps in establishing a professional relationship between the client and the copywriter.
A good project should have explicit outcomes.
Define what a successful outcome will look like for both the client and copywriter — this can range from scope to deliverables.
Clear objectives keep everyone on the same page and are essential for client satisfaction.
A copywriting contract is crucial when it comes to defining the scope and terms of a copywriting project. Using a template is a great way to streamline the process and ensure no important components are missed.
There are many scenarios in which a copywriting contract is needed. These include:
There are different types of copywriting contracts, such as ghostwriting contracts and campaign-based contracts, and these will all have different components. However, no matter your project, your contract must contain clear payment term details on intellectual property rights and a detailed scope of work.
It’s essential to understand the basics of copywriting contracts so they can be customized to suit the needs of your client.
To save time and ensure you include all the necessary elements in your contract, why not try using one of the many free contract templates offered by Bonsai.
Not only can our contracts give you peace of mind that every eventuality is covered in the content, but they’ve all been thoroughly checked and legally vetted by our in-house legal team! That means no paying for extra legal fees!
All templates are fully customizable, so you can add your logo or branding to each, and you can even send the PDF to your clients directly from within Bonsai — how simple is that?
Sign up for Bonsai today and start streamlining your copywriting contract process!
If you plan on drafting your contract from scratch, it is advisable to get legal advice. If you plan to use a template, like one of the many available from Bonsai, then there is no need as all templates are checked for compliance by our in-house legal team.
You can use a general contract for your copywriting services, but it’s better to go with one specifically designed for your industry. We have a wide range of different copywriting contracts available at Bonsai to suit everyone!
You should review and revise your copywriting contract template whenever there are changes in the services you provide, or when legal changes affect your agreement.
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This Contract is between Client (the "Client") and Company, aCalifornia limited liability company (the "Copywriter").
The Contract is dated [the date both parties sign].
1.1 Project. The Client is hiring the Copywriter to do the following: Write brand copy for the client's website
1.2 Schedule. The Copywriter will begin work on [START DATE] and will continue until the work is completed. This Contract can be ended by either Client or Copywriter at any time, pursuant to the terms of Section 6, Term and Termination.
1.3 Payment. The Client will pay the Copywriter a rate of $150.00 (USD) per hour. Of this, the Client will pay the Copywriter $1,500.00 (USD) before work begins.
1.4 Expenses. The Client will reimburse the Copywriter's expenses. Expenses do not need to be pre-approved by the Client.
1.5 Invoices. The Copywriter will invoice the Client at the end of the project. The Client agrees to pay the amount owed within 15 days of receiving the invoice. Payment after that date will incur a late fee of 2.0% per month on the outstanding amount.
1.6 Support. The Copywriter will not provide support for any deliverable once the Client accepts it, unless otherwise agreed in writing.
2.1 Client Owns All Work Product. As part of this job, the Copywriter is creating “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Copywriter works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this project, whether before the date of this Contract or after. The Copywriter hereby gives the Client this work product once the Client pays for it in full. This means the Copywriter is giving the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as it sees fit.
2.2 Copywriter's Use Of Work Product. Once the Copywriter gives the work product to the Client, the Copywriter does not have any rights to it, except those that the Client explicitly gives the Copywriter here. The Client gives permission to use the work product as part of portfolios and websites, in galleries, and in other media, so long as it is to showcase the work and not for any other purpose. The Client does not give permission to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.
2.3 Copywriter's Help Securing Ownership. In the future, the Client may need the Copywriter's help to show that the Client owns the work product or to complete the transfer. The Copywriter agrees to help with that. For example, the Copywriter may have to sign a patent application. The Client will pay any required expenses for this. If the Client can’t find the Copywriter, the Copywriter agrees that the Client can act on the Copywriter's behalf to accomplish the same thing. The following language gives the Client that right: if the Client can’t find the Copywriter after spending reasonable effort trying to do so, the Copywriter hereby irrevocably designates and appoints the Client as the Copywriter's agent and attorney-in-fact, which appointment is coupled with an interest, to act for the Copywriter and on the Copywriter's behalf to execute, verify, and file the required documents and to take any other legal action to accomplish the purposes of paragraph 2.1 (Client Owns All Work Product).
2.4 Copywriter's IP That Is Not Work Product. During the course of this project, the Copywriter might use intellectual property that the Copywriter owns or has licensed from a third party, but that does not qualify as “work product.” This is called “background IP.” Possible examples of background IP are pre-existing code, type fonts, properly-licensed stock photos, and web application tools. The Copywriter is not giving the Client this background IP. But, as part of the Contract, the Copywriter is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client’s products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the background IP (except as allowed in Section 11.1 (Assignment)). The Client cannot sell or license the background IP separately from its products or services. The Copywriter cannot take back this grant, and this grant does not end when the Contract is over.
2.5 Copywriter's Right To Use Client IP. The Copywriter may need to use the Client’s intellectual property to do its job. For example, if the Client is hiring the Copywriter to build a website, the Copywriter may have to use the Client’s logo. The Client agrees to let the Copywriter use the Client’s intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the Copywriter's job. Beyond that, the Client is not giving the Copywriter any intellectual property rights, unless specifically stated otherwise in this Contract.
The Copywriter won’t work for a competitor of the Client until this Contract ends. To avoid confusion, a competitor is any third party that develops, manufactures, promotes, sells, licenses, distributes, or provides products or services that are substantially similar to the Client’s products or services. A competitor is also a third party that plans to do any of those things. The one exception to this restriction is if the Copywriter asks for permission beforehand and the Client agrees to it in writing. If the Copywriter uses employees or subcontractors, the Copywriter must make sure they follow the obligations in this paragraph, as well.
Until this Contract ends, the Copywriter won’t: (a) encourage Client employees or service providers to stop working for the Client; (b) encourage Client customers or clients to stop doing business with the Client; or (c) hire anyone who worked for the Client over the 12-month period before the Contract ended. The one exception is if the Copywriter puts out a general ad and someone who happened to work for the Client responds. In that case, the Copywriter may hire that candidate. The Copywriter promises that it won’t do anything in this paragraph on behalf of itself or a third party.
5.1 Overview. This section contains important promises between the parties.
5.2 Authority To Sign. Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.
5.3 Copywriter Has Right To Give Client Work Product. The Copywriter promises that it owns the work product, that the Copywriter is able to give the work product to the Client, and that no other party will claim that it owns the work product. If the Copywriter uses employees or subcontractors, the Copywriter also promises that these employees and subcontractors have signed contracts with the Copywriter giving the Copywriter any rights that the employees or subcontractors have related to the Copywriter's background IP and work product.
5.4 Copywriter Will Comply With Laws. The Copywriter promises that the manner it does this job, its work product, and any background IP it uses comply with applicable U.S. and foreign laws and regulations.
5.5 Work Product Does Not Infringe. The Copywriter promises that its work product does not and will not infringe on someone else’s intellectual property rights, that the Copywriter has the right to let the Client use the background IP, and that this Contract does not and will not violate any contract that the Copywriter has entered into or will enter into with someone else.
5.6 Client Will Review Work. The Client promises to review the work product, to be reasonably available to the Copywriter if the Copywriter has questions regarding this project, and to provide timely feedback and decisions.
5.7 Client-Supplied Material Does Not Infringe. If the Client provides the Copywriter with material to incorporate into the work product, the Client promises that this material does not infringe on someone else’s intellectual property rights.
This Contract is ongoing until the work is completed. Either party may end this Contract for any reason by sending an email or letter to the other party, informing the recipient that the sender is ending the Contract and that the Contract will end in 7 days. The Contract officially ends once that time has passed. The party that is ending the Contract must provide notice by taking the steps explained in Section 11.4. The Copywriter must immediately stop working as soon as it receives this notice, unless the notice says otherwise. The Client will pay the Copywriter for the work done up until when the Contract ends and will reimburse the Copywriter for any agreed-upon, non-cancellable expenses. The following sections don’t end even after the Contract ends: 2 (Ownership and Licenses); 3 (Competitive Engagements); 4 (Non-Solicitation); 5 (Representations); 8 (Confidential Information); 9 (Limitation of Liability); 10 (Indemnity); and 11 (General).
The Client is hiring the Copywriter as an independent contractor. The following statements accurately reflect their relationship:
8.1 Overview. This Contract imposes special restrictions on how the Client and the Copywriter must handle confidential information. These obligations are explained in this section.
8.3 Third-Party Confidential Information. It’s possible the Client and the Copywriter each have access to confidential information that belongs to third parties. The Client and the Copywriter each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Copywriter is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.
Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Contract.
10.1 Overview. This section transfers certain risks between the parties if a third party sues or goes after the Client or the Copywriter or both. For example, if the Client gets sued for something that the Copywriter did, then the Copywriter may promise to come to the Client’s defense or to reimburse the Client for any losses.
10.2 Client Indemnity. In this Contract, the Copywriter agrees to indemnify the Client (and its affiliates and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of: (i) the work the Copywriter has done under this Contract; (ii) a breach by the Copywriter of its obligations under this Contract; or (iii) a breach by the Copywriter of the promises it is making in Section 5 (Representations).
10.3 Copywriter Indemnity. In this Contract, the Client agrees to indemnify the Copywriter (and its affiliates and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of a breach by the Client of its obligations under this Contract.
11.1 Assignment. This Contract applies only to the Client and the Copywriter. The Copywriter cannot assign its rights or delegate its obligations under this Contract to a third-party (other than by will or intestate), without first receiving the Client’s written permission. In contrast, the Client may assign its rights and delegate its obligations under this Contract without the Copywriter's permission. This is necessary in case, for example, another Client buys out the Client or if the Client decides to sell the work product that results from this Contract.
11.2 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.
11.3 Modification; Waiver. To change anything in this Contract, the Client and the Copywriter must agree to that change in writing and sign a document showing their contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.
11.4 Notices.
(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery, email, or certified or registered mail (postage prepaid, return receipt requested). The notice must be delivered to the party’s address listed at the end of this Contract or to another address that the party has provided in writing as an appropriate address to receive notice.
(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgement of receipt; (iii) if delivered by registered or certified mail (postage prepaid, return receipt requested), it is considered received upon receipt as indicated by the date on the signed receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.
11.5 Severability. This section deals with what happens if a portion of the Contract is found to be unenforceable. If that’s the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.
11.6 Signatures. The Client and the Copywriter must sign this document using Bonsai’s e-signing system. These electronic signatures count as originals for all purposes.
11.7 Governing Law. The laws of the state of Michigan govern the rights and obligations of the Client and the Copywriter under this Contract, without regard to conflict of law principles of that state.
11.8 Entire Contract. This Contract represents the parties’ final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.
THE PARTIES HERETO AGREE TO THE FOREGOING AS EVIDENCED BY THEIR SIGNATURES BELOW.
