South Africa
Freelancer Agreement
R749
Create a clear freelancer agreement that records the freelance services, deliverables, deadlines, fees, payment terms, independent-contractor status, confidentiality, intellectual property, revisions, and termination rights.
A Freelancer Agreement is used where a client appoints an independent freelancer to perform specific work or deliver a defined output without creating an employment relationship. It is suitable for designers, writers, marketers, photographers, developers, virtual assistants, consultants, social media managers, editors, tutors, trainers, and other independent service providers. The agreement should clearly define the scope of work, deliverables, deadlines, fees, revision limits, ownership of work, confidentiality, tax responsibility, data protection, and termination process.
South African legal context (2026 checklist)
A freelancer agreement should not be used to disguise an employment relationship. South African labour law looks at the true nature of the working relationship, not only the label used in the contract. If the client controls the freelancer’s work, hours, tools, workplace integration, and economic dependence, the freelancer may be presumed to be an employee in certain circumstances. The agreement should therefore record genuine independence, control over methods of work, invoicing, responsibility for tax, no employee benefits, ability to work for others, and payment for deliverables rather than ordinary employment duties. Intellectual property should also be addressed clearly, because ownership of creative work does not always automatically pass to the client unless properly assigned or licensed.
- South African common law of contract
- Labour Relations Act 66 of 1995
- Section 200A: Presumption as to who is an employee
- Basic Conditions of Employment Act 75 of 1997
- Section 83A: Presumption as to who is an employee
- Code of Good Practice: Who is an Employee
- Income Tax Act 58 of 1962
- Value-Added Tax Act 89 of 1991
- Tax Administration Act 28 of 2011
- Copyright Act 98 of 1978
- Section 21: Ownership of copyright
- Section 22: Assignments and licences in respect of copyright
- Protection of Personal Information Act 4 of 2013
- Electronic Communications and Transactions Act 25 of 2002
- Consumer Protection Act 68 of 2008, where services are supplied to a consumer
- Companies Act 71 of 2008, where a company is a party and authority to contract is relevant
- Competition Act 89 of 1998, where exclusivity or restraint clauses may be relevant
- Prescription Act 68 of 1969
- Arbitration Act 42 of 1965, where arbitration is selected as the dispute-resolution mechanism
Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.
Typical questions we'll walk you through
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What is the full legal name of the client?
What is the full legal name of the freelancer?
Is the freelancer an individual, sole proprietor, company, or close corporation?
What services will the freelancer provide?
What specific deliverables must be produced?
What are the deadlines or milestones?
Will the work be performed remotely, onsite, or both?
What fee structure will apply: fixed fee, hourly rate, daily rate, milestone payments, retainer, or commission?
When must invoices be submitted and paid?
Will a deposit be paid before work starts?
Will VAT be charged?
Will the client reimburse approved expenses?
How many revisions, edits, or rounds of changes are included?
What happens if the client requests work outside the agreed scope?
Who will own the final work product?
May the freelancer use pre-existing templates, tools, designs, software, or materials?
May the freelancer display the work in a portfolio?
Will confidential information be shared?
Will the freelancer process personal information?
May the freelancer work for other clients?
May the freelancer use subcontractors or assistants?
What standard of work must the freelancer meet?
Will the freelancer give warranties about originality, non-infringement, or skill and care?
How can either party terminate the agreement?
What happens on termination, including final payment, handover, return of information, and deletion of data?
How will disputes be resolved?
Which law will govern the agreement?
Who will sign the agreement on behalf of each party?
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