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What contracts should a Utah freelancer or small business have

UTAH LAW

Utah Freelancer & Small Business Must-Have Contracts

A plain-English guide to service agreements, MSAs, NDAs, independent contractor terms, payment & IP, termination, and dispute resolution

Utah Law Explained cuts through the jargon so freelancers and small businesses can protect themselves without guesswork. Contracts aren’t just paperwork, they’re your first line of defense. A solid agreement sets scope, deadlines, and payments, protects your IP, manages expectations, and gives you clear remedies if things go wrong.

Without one, you’re relying on trust alone and in business, that’s how unpaid invoices and disputes happen. This Utah-specific roadmap shows which agreements you need, the clauses you should never overlook, and how to use checklists and templates so your contracts actually hold up under Utah law.

01

Must-Have Contracts for Utah Freelancers & Small Businesses

Start with the core agreements below. If you provide ongoing services, combine a Master Services Agreement with project-specific SOWs to save time and reduce renegotiation.

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Service Agreement / SOW

Defines deliverables, scope, and timelines; sets hourly, fixed-fee, or milestone payments; and locks terms to prevent scope creep.

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Master Services Agreement (MSA)

Sets standard legal terms once, then attaches SOWs for each project ideal for repeat clients and faster approvals.

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Non-Disclosure Agreement (NDA)

Protects confidential info; can be mutual or one-way. Common across tech, creative, and consulting work.

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Independent Contractor Agreement

Clarifies you’re not an employee; allocates tax/benefits responsibilities; useful if classification is audited.

02

Payment & Intellectual Property

Spell out money and ownership in writing. Vague payment or IP language is the #1 source of disputes for freelancers.

payment_terms Due dates (Net 15/30 or on delivery), late fees/interest, deposits (25–50% upfront common), refunds/cancellations
ip_ownership Who owns work product; license vs. full assignment; timing of transfer (e.g., on full payment)
portfolio_rights Your right to showcase work post-project (with reasonable confidentiality limits)

Utah allows reasonable late fees and interest if agreed in writing. Excessive “penalties” can be struck—use clear, moderate terms.

03

Termination & Dispute Resolution

Termination Clauses

Key Terms: Notice period (e.g., 14 days), kill fees or payment for work to date, breach-based termination, survival (IP, confidentiality, payment).
Why It Matters: Prevents mid-project walkaways and clarifies what’s owed if a project ends early.

Dispute Path (Utah)

Best Practice: Mediation first; then arbitration or court as a fallback. This saves time and costs for small disputes.
Add Clarity: Set response timelines and how fees/costs are handled during the process.

Governing Law & Venue

Utah-Specific: Choose Utah law and a Utah venue (court or Utah-based arbitration) if you live/work here.
Benefit: Avoids travel and unfamiliar rules; keeps matters local.

Attorney’s Fees

Clause: Prevailing-party fees can deter nonpayment. Keep it reasonable to improve enforceability.
Tip: Pair with clear invoices, acceptance criteria, and a dispute notice window.
04

FAQs

1

Do I need a lawyer to draft my contracts?

Not always. Templates can work, but a Utah attorney review boosts enforceability and removes vague language.

2

Can I use templates I find online?

Yes, but many miss Utah-specific rules. Some consumer-facing contracts may implicate the Utah Unfair Practices Act.

3

What if I don’t have a contract?

You may still have rights, but proving terms is harder. Courts favor clear written agreements over email threads.

4

Is email proof enough?

Sometimes. If essential terms are clear, courts may enforce—but a signed contract is stronger and cleaner.

5

Can I include penalties for nonpayment?

Use reasonable late fees/interest agreed in writing. Avoid excessive penalties that courts may strike.

Need Help Applying This to Your Contracts?

Every business is different. If you’re negotiating a big deal, hiring, or facing disputes, a Utah attorney can tailor your agreements to your exact situation.

Talk to a Utah Attorney
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Video & Social Learning Hub

Key Takeaways

Use an MSA + SOW stack for repeat clients; it speeds approvals and reduces renegotiations.

Lock in payment terms, IP ownership, and portfolio rights up front to avoid disputes.

Include clean termination, Utah governing law/venue, mediation first, and prevailing-party fees.

This page is legal information, not legal advice. When stakes are high, get counsel.

Next Step

Put your contracts in writing now. Revisit terms as your business grows and keep Utah-specific clauses standard across all clients.

Get a Contract Review

A short consult can tighten your payment/IP language, add proper Utah venue and dispute clauses, and reduce risk before work starts.

Utah Law Explained makes Utah law simple and approachable. We publish plain-English guides for freelancers, small businesses, families, and consumers so Utahns can make informed decisions.

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