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How to create a contract for your independent business

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Table of contents

Contracts are a must-have for any independent business owner. They provide the structure and protection that larger companies manage through internal policies. By turning initial conversations into clear terms—covering project scope, timeline, and payment details—they establish a reliable foundation that keeps you and your client aligned throughout the project.

Rather than writing contracts from scratch, many small business owners start with a contract template and tailor it to their needs. This guide outlines how to create a contract and what to include, so you can start every project with confidence.

What is a contract?

A contract is a legally binding document that outlines the terms of an agreement between two parties. In a small business context, that agreement is typically between a service provider and a client.

The contract defines the services the business will deliver, the time frame for completing that work, and the fee or rate the client agrees to pay. It also specifies the information or resources the client must provide so the project can move forward without delay.

For independent business owners, contracts are essential to maintain clarity in every working relationship. By capturing the key details of each project in writing, contracts prevent unnecessary conflict or confusion. And if a client doesn’t meet their obligations—such as failing to pay an invoice—the contract gives you a formal basis to take legal action and protect your business.

Types of business contracts

Depending on how your business operates, you may use several different types of business contracts. The most common ones include:

  • Independent contractor agreement: Used by sole proprietors or freelancers, this contract outlines the terms of the proposed project and confirms that the service provider is not an employee of the client. If you run a business on your own, this is the type of contract you’ll use most often.
  • Vendor service agreement: This contract outlines the details of the engagement between a business entity and its clients, including deliverables, deadlines, and payment terms. You use a service agreement when you’re hired as a business rather than an independent contractor.
  • Master service agreement: This contract is similar to a service agreement, but it’s specifically for long-term engagements. It sets broad terms for how the business and client will work together. Individual project details are usually captured in separate statements of work.
  • Employment agreement: This contract outlines the terms of employment between a business and its staff. If you hire employees, you’ll need this type of contract.
  • Non-disclosure agreement: This contract prohibits one or both parties from sharing sensitive information about the engagement.
  • Non-compete agreement: This contract restricts you from working with a competitor of your client (or vice versa) for a specific period of time. Some independent contractor and service agreements include non-compete clauses, but their enforceability varies by state. In fact, several states don’t allow non-competes for independent contractors at all, so review these clauses carefully before signing.

What are the essential elements of a business contract?

Here are five critical elements to include in every business contract:

  • Basic project information: When developing a contract, include the names and contact information for both parties, the scope of work, deadlines, and payment details.
  • Rights and obligations: Clearly outline the legal rights and obligations of both parties. For example, you may be responsible for delivering specific work by a set date, while the client must provide necessary resources and pay pa.
  • Specific considerations: Depending on the type of contract and the nature of your work, you may need additional terms—such as intellectual property rights, revision limits, or responsibility for material expenses incurred during the project.
  • Contract dates: Specify the start and end dates of the engagement, along with due dates for key deliverables or milestones.
  • Termination: Outline the conditions under which either party can end the engagement, whether notice is required, and whether any termination fees apply.

While these elements should appear in every contract, the exact terms will vary depending on the type of agreement. HoneyBook’s contract templates give you a ready-made structure for your contract document, so you only need to fill in the project-specific information.

Many contracts include additional clauses beyond the essential elements, such as non-compete or confidentiality provisions. And for long-term engagements, one or both parties may request amendments to update the terms. For example, a client may amend a contract to extend the project deadline.

HoneyBook contract
HoneyBook contract template

4 steps to create a contract

Your contract doesn’t have to be complicated. The contract terms can be simple, as long as they make sense for your business model and are enforceable in court. Here’s how to make a contract for your small business that protects both you and your clients.

1. Start with a contract template and essential sections

Writing a contract from scratch is time-consuming and can be risky if you don’t have legal experience. Instead, use a digital template as the basis for your online contract.

HoneyBook offers an extensive library of contract templates, with options for freelancers and small business owners in a variety of industries. Each template looks sleek and professional and can be customized with your brand logo or colors. Plus, both parties can sign the contract online, eliminating the need to print, mail, or fax any documents.

When choosing a template, opt for something that’s designed for your industry or service type rather than something generic. This minimizes the amount of customization you’ll need. Also, make sure the template already includes the key sections—project scope, timelines, payment terms, and termination—so you don’t have to add them in manually.

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2. Include clauses specific to your business

Add any clauses that reflect your business model but aren’t already in the template. For example, if you work with clients in person, you may want a liability clause to protect you in case any accidents happen on site. Similarly, if you offer creative services (like graphic design or writing), an intellectual property clause can clarify ownership of the final work.

These are just a few examples. Other common clauses include kill fees for early cancellation, revision limitations, or preferred communication methods.

3. Incorporate information specific to your client

Contract templates have placeholders for project-specific information such as names and addresses, project scope, start date and end date, and pricing. Review the contract section by section and add these details. If you’re unsure about anything, confirm with the client before finalizing the agreement.

You can also add client-specific details you may need to reference during the engagement, like a primary point of contact, access requirements, or the approval process.

4. Have an attorney review your contract

Contract templates often contain legal jargon instead of plain language. Before both parties sign, have an attorney review the document to make sure it’s enforceable. This step is particularly important if your client has requested extensive changes to the original contract.

An attorney can identify missing protections, highlight clauses that may cause problems in the future, and help refine the wording to remove any ambiguity.

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Finding the right business contract template

Instead of creating a contract template on your own, use HoneyBook’s template library to get started.

HoneyBook offers a wide range of contract options, so you can choose one that’s right for your business and customize it as needed. Once you have a template tailored to your business, have a lawyer review it. This way, you can reuse it for future projects to save time.

With HoneyBook, you can also create proposals, invoices, onboarding guides, and other business documents to support the rest of your workflow. Its built-in CRM and custom automations help you work faster and manage every contract in one place.

Take the complexity out of contract creation. Get started with HoneyBook and work with clarity from day one.

Disclaimer: The advice in this guide is intended for general informational purposes only. For guidance tailored to your specific situation, please consult a qualified legal professional.

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FAQs

What is the difference between a contract and an agreement?

An agreement is any understanding or arrangement between two parties. A contract is a document that formalizes an agreement and makes it legally binding. All contracts are agreements, but not all agreements are contracts.

When does a business contract need to be in writing?

Business contracts are legally required to be in writing if the work is expected to last longer than one year. Exact laws vary by jurisdiction, but it’s still best practice to document every business agreement, regardless of project size.

Are verbal agreements legally binding?

Verbal agreements can be legally binding, but they’re much harder to prove or enforce in court. A written contract provides clarity and protection, which is why it’s recommended to sign a contract before starting a new project.

When would I need a business contract template?

Business contract templates are helpful when you don’t know how to write a legal agreement on your own or don’t have time to create a document from scratch. Templates already include key terms and clauses, so all you have to do is add project-specific details.

Meredith Boe

Meredith Boe is a writer and editor based in Chicago. She writes various types of content for marketers, tech companies, nonprofits, and small businesses, with extensive experience writing and editing medical and legal copy. She’s also a creative writer and has published poetry, prose, criticism, and reporting in various literary journals and publications, including Chicago Reader, GoDaddy Garage, and InHerSight.