Freelance Agreement Format — Download Free Sample (India 2026)

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About this Freelance Agreement

A freelance service agreement records the commercial relationship between an independent contractor and a client — the scope, deliverables, timeline, fees, revisions, and ownership of intellectual property in the final work product. In India, freelancers are treated as independent contractors under the Indian Contract Act, 1872, are responsible for their own income tax and GST (where turnover exceeds the threshold), and are outside the ambit of most labour legislation. A clear freelance agreement prevents scope creep, protects the freelancer's payment rights, and ensures the client obtains a clean IP transfer on final payment. This sample uses the standard milestone-based payment structure preferred by Indian design, development and content agencies working with startups and enterprise clients.

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FREELANCE SERVICE AGREEMENT

This Freelance Service Agreement ("Agreement") is made on [DATE] between:

[CLIENT NAME], having its principal place of business at [ADDRESS] ("Client"),

AND

[FREELANCER NAME], an independent contractor residing at [ADDRESS] ("Freelancer").

1. SCOPE OF WORK

The Freelancer shall provide the following services (the "Services"): [DETAILED SCOPE — e.g. design and delivery of X mobile app screens, brand identity system, etc.] as further described in Schedule A.

2. TIMELINE AND MILESTONES

The Services shall be delivered as per the following milestones:

Milestone 1: [DESCRIPTION] — Due on [DATE]

Milestone 2: [DESCRIPTION] — Due on [DATE]

Milestone 3: [DESCRIPTION] — Due on [DATE]

3. FEES AND PAYMENT

The total professional fee for the Services shall be ₹[AMOUNT] (exclusive of applicable GST). Payment shall be made as follows:

- 30% advance on execution of this Agreement;

- 40% on delivery of Milestone 2;

- 30% on final delivery and Client sign-off.

All invoices shall be payable within seven (7) days of receipt.

4. REVISIONS

The Freelancer shall provide up to two (2) rounds of revisions per milestone. Additional revisions shall be billed at ₹[HOURLY RATE] per hour.

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Key clauses under Indian law

1. Scope of WorkExpand
Detailed description of deliverables, out-of-scope items, and acceptance criteria.
2. Timeline and MilestonesExpand
Milestone-wise deliverables with target dates and dependencies on Client inputs.
3. Fees and Payment ScheduleExpand
Split payments (typically 30/40/30), GST treatment, and invoice payment terms.
4. Revisions PolicyExpand
Number of included revision rounds per milestone and hourly rate for additional work.
5. IP AssignmentExpand
IP in deliverables vests with the Client on receipt of full payment.
6. Independent Contractor StatusExpand
No employer–employee relationship; freelancer responsible for own taxes and compliance.

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Frequently asked questions

Do I need a written freelance agreement in India?

Yes, strongly recommended. Oral contracts are enforceable in principle, but a written agreement is essential for scope, payment and IP clarity — especially for cross-border clients.

Who owns the IP in freelance work?

Under Indian law, absent a written agreement, the author of a creative work generally retains copyright. A written IP assignment clause is needed to transfer ownership to the client, typically on final payment.

Do freelancers need to charge GST?

Freelancers with annual turnover above ₹20 lakh (₹10 lakh in special-category states) must register for GST and charge it on invoices. Below the threshold, GST is optional.

How should milestone payments be structured?

The most common Indian structure is 30% advance, 40% on interim delivery, and 30% on final acceptance. Higher-risk clients may warrant 50% advance.

Is TDS deducted on freelance payments?

Yes. Under Section 194J, clients typically deduct 10% TDS on professional fees where annual payments exceed ₹30,000 to a single freelancer.

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Disclaimer: ContractWala provides AI-generated document drafts for informational purposes only. This is not legal advice. Please consult a qualified advocate for high-stakes agreements.