This Freelance Contract template is designed for use under Swiss law when engaging independent contractors for professional services. It provides a legally compliant framework that clearly establishes the contractor's self-employed status while protecting both parties' interests. The document is particularly relevant in today's growing gig economy and is structured to comply with Swiss legal requirements, including the Swiss Code of Obligations (OR) and social security regulations. It addresses key aspects such as service scope, compensation, intellectual property rights, and confidentiality while maintaining the flexibility needed in freelance relationships. This template is adaptable across various professional sectors and can be customized based on specific service requirements and industry standards.
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1. Parties: Identification of the client and the freelancer, including full legal names, addresses, and any registration numbers
2. Background: Brief context of the engagement and confirmation of freelancer's independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided by the freelancer
5. Term and Termination: Duration of the contract and conditions for termination by either party
6. Compensation and Payment Terms: Fee structure, payment schedule, expenses, and invoicing procedures
7. Independent Contractor Status: Clear statement of freelancer's self-employed status and responsibility for own taxes and social security contributions
8. Intellectual Property Rights: Ownership and transfer of work products, pre-existing IP, and related rights
9. Confidentiality: Protection of confidential information and trade secrets
10. Liability and Indemnification: Extent of freelancer's liability and indemnification obligations
11. Insurance: Required insurance coverage to be maintained by the freelancer
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
13. Entire Agreement: Integration clause and procedure for modifications
1. Non-Compete: Restrictions on competing activities, if applicable and reasonable under Swiss law
2. Data Protection: Specific provisions for handling personal data when the services involve data processing
3. Equipment and Resources: Provisions regarding tools, equipment, or resources provided by either party
4. Performance Metrics: Specific KPIs or quality standards for the services, if measurable
5. Substitute Performance: Rights and conditions for the freelancer to use subcontractors or assistants
6. Training Requirements: Any necessary training or certifications the freelancer must maintain
7. Force Majeure: Provisions for unforeseen circumstances preventing performance
8. VAT Provisions: Specific clauses regarding VAT if the freelancer is VAT-registered
1. Schedule 1 - Service Description: Detailed specification of services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Service Levels: Specific performance standards and quality metrics if applicable
4. Appendix A - Contact Details: Key contact persons and communication protocols
5. Appendix B - Required Insurance Coverage: Specific insurance types and coverage amounts
6. Appendix C - Approved Subcontractors: List of pre-approved subcontractors if applicable
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