Is a freelance service agreement legally binding in Kenya?
Yes. Under the Law of Contract Act (Cap. 23), a written agreement signed by both parties and supported by consideration — typically payment — is fully enforceable in Kenya. A freelance service agreement clearly documents the scope, payment, and IP terms, making it far easier to enforce than a verbal arrangement.
Is a freelance contract enforceable in the UK, Australia, and other common law countries?
Yes. Common law jurisdictions including the UK, Australia, Canada, India, Nigeria, and Ghana recognise written service contracts provided the essential elements of contract — offer, acceptance, consideration, and intention to create legal relations — are present. LegalEase documents are drafted to common law standards and are valid across these jurisdictions.
What should a freelance contract include?
At minimum: a clear scope of work, payment amount and schedule, deadlines, intellectual property ownership (who owns the deliverables), confidentiality obligations, and termination clauses. Without these, disputes over unpaid invoices or IP ownership become difficult to resolve.