Freelance Project Contract

Freelance Project Contract Template for Germany

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Key Requirements PROMPT example:

"I need a Freelance Project Contract for a software development project in Germany, where the freelancer will create a custom CRM system with monthly deliverables from January to June 2025, including specific provisions for source code ownership and data protection compliance."

Document background

This Freelance Project Contract is designed for use in the German market when engaging independent contractors for specific project-based work. It addresses the critical requirements of German labor law, particularly focusing on maintaining clear differentiation from employment relationships to avoid Scheinselbständigkeit issues. The document includes essential provisions for project scope, deliverables, payment terms, and intellectual property rights transfer, while ensuring compliance with German commercial law (HGB) and civil code (BGB) requirements. The contract is structured to protect both parties' interests while maintaining the freelancer's independence and incorporating necessary data protection provisions under GDPR. This template is particularly valuable for companies regularly engaging freelance professionals for defined projects across various industries.

Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement and confirmation of freelancer's independent contractor status

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the project, deliverables, and performance standards

5. Term and Timeline: Duration of the contract and project milestones

6. Compensation and Payment Terms: Fee structure, payment schedule, and invoicing requirements including VAT provisions

7. Independent Contractor Status: Clear statement of freelancer's independence and control over work methods

8. Intellectual Property Rights: Assignment or licensing of IP rights, including moral rights under German law

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection: GDPR compliance and data processing terms

11. Warranties and Representations: Freelancer's warranties regarding services and independent status

12. Liability and Indemnification: Limitation of liability and indemnification provisions compliant with German law

13. Termination: Grounds for termination and post-termination obligations

14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Competition: Restrictions on competing activities, if appropriate and narrowly defined to comply with German law

2. Equipment and Resources: Specification of who provides work tools and resources, useful for supporting independent contractor status

3. Insurance: Professional liability insurance requirements, if needed for the specific project

4. Acceptance Testing: Detailed acceptance procedures for complex technical or software projects

5. Change Management: Process for handling scope changes and additional work requests

6. Subcontracting: Terms for allowing or prohibiting subcontracting of work

7. Force Majeure: Provisions for unforeseen circumstances preventing performance

8. Training and Support: Any required training or support obligations, if applicable to the project

Suggested Schedules

1. Schedule 1 - Project Specification: Detailed technical specifications and requirements for the project

2. Schedule 2 - Deliverables and Milestones: Specific list of deliverables, acceptance criteria, and timeline

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, payment milestones, and any expenses

4. Schedule 4 - Data Processing Agreement: Required GDPR compliance documentation if personal data is processed

5. Schedule 5 - Acceptance Test Procedures: Detailed testing and acceptance procedures for deliverables

6. Appendix A - Contact Details: Key contact persons and communication protocols

7. Appendix B - Required Qualifications: Any specific qualifications or certifications required for the project

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Digital Media

Management Consulting

Creative Industries

Engineering

Marketing and Communications

Professional Services

Research and Development

Software Development

Technical Writing

Design and Architecture

Education and Training

Relevant Teams

Legal

Human Resources

Procurement

Operations

Project Management Office

Finance

Compliance

Department Leadership

Relevant Roles

Project Manager

Procurement Manager

Legal Counsel

HR Director

Department Head

Operations Manager

Contract Administrator

Business Unit Director

Chief Technology Officer

Creative Director

Finance Manager

Managing Director

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